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HomeMy WebLinkAbout02/19/1991A City Council Minutes Page 2 Tuesday, February 19, 1991 - 7:00 p.m. C -1 COUNCIL MINUTES The following minutes were approved as amended (4-0-1, Councilman Reiss absent): Tuesday, December 4, 1990 at 7:00 p.m4 Tuesday, December 18, 1990 at 7:00 p.m4 Wednesday, January 2, 1991 at 7:00 p.m4 and Tuesday, January 15, 1991 at 7:00 p.m. C -2 SB 169 - COUNTY BOOKING FEE AND PROPERTY TAX ADMINISTRATION (File No. 332) Council adopted Resolution No. 6937 (4 -0-1, Councilman Reiss absent) in support of SB 169 to repeal the authority granted in SB 2557 regarding jail booking fees and administrative expenses for the collection of property taxes as recommended. C -3 SPECIAL SESSION BILLS (File No. 296) Council adopted Resolution No. 6938 (4-0-1, Councilman Reiss absent) supporting three Special Session Bills to eliminate exemptions from the state and local sales and use taxes as recommended. C-4 UMTA APPORTIONMENT GRANT (File No. 549) Council adopted Resolution No. 6939 (4.0 -1, Councilman Reiss absent) to replace Resolution No. 6862 applying for a Section 18 Apportionment Grant to partially fund the costs of acquiring trolley vehicles as recommended. C -5 CREEK DIVERSION CONSULTANT (File No. 511) Council adopted Resolution No. 6940 (4 -0-1, Councilman -Reiss absent) authorizing the selection of Tenera Environmental Services as the consultant for the Hansen and Gularte Creeks Diversion EIR, and Mayor authorized to sign the consultant services Agreement (A -08- 91 -CC) for an amount of compensation not to exceed $14,755. C-6 RATIONING PROGRAM SURCHARGES (File No. 507) Council considered granting authority to the Water Conservation Coordinator to waive rationing program surcharges under specific conditions. After brief clarification, moved by Pinard /Dunin to grant authority to the Water Conservation Coordinator to waive rationing program surcharges as recommended in the staff report. Motion carried unanimously (4 -0-1, Councilman Reiss absent). PUBLIC HEARINGS 1. TRANSIENT OCCUPANCY TAX (File No. 296) Council held a public hearing to consider increasing the Transient Occupancy Tax from 6% to 91,7c. John Dunn, City Administrative Officer, requested that after discussion with representatives from the Chamber of Commerce, the Visitor's and Convention Bureau, and the Hotel /Motel Association, that this item be continued for two weeks. Moved by Rapna /Roalman this item continued without discussion to the next Regular Council Meeting of 3/5/91 as recommended (4 -0-1, Councilman Reiss absent). 445 City Council Minutes Page 3 Tuesday, February 19, 1991 - 7:00 p.m. 2. INDUSTRIAL USER PERMIT FEES (File No. 109) Council held a public hearing to consider the establishment of Industrial User Permit Fees for those users discharging to the City's wastewater system. Bill Hetland. Utilities Director, reviewed the agenda report with the recommendation that Council adopt a resolution establishing an Industrial User Permit Fee for those users discharging to the City's wastewater system. The fees ranged from $285 to $1,140. He stated that in 1982, the City had established a federally mandated pre- treatment program for monitoring and controlling of industrial user's discharge waste to the City's wastewater collection and treatment systems. In order to fund the program, in any future increases in program cost, staff developed a system of industrial permit fees based on the minimum number of monitoring events, which includes inspections and sampling required to insure industry compliance with local, state, and federal regulations. Mayor Dunin declared the public hearing open. Pierre Matheson, representing Matt's Alignment, was opposed to paying the charge and in his case, it was $570. He said that there are other mandates in effect which keep him from discharging. He does not discharge waste into the system and, therefore, should not be held accountable for it. Jim Hobbes, with J. Toole Repair Shop, also spoke in opposition to the Industrial User Fee program and felt that this should be something charged against actual polluters, not just businesses because they had hazardous materials available. Bruce Terrv. 470 Woodbridge, owner of three Dominoes Pizzas, also was opposed to the fee. He stated that they had traps at all three of their locations and were also not polluters. Russ Itinlan. 295 Lincoln, spoke against the fees. Dale Price, owner of American Muffler Shop, also was opposed. Michael Frucht, owner of Michael's Deli, spoke in opposition. Jim Rissoli, of Rissoli's Automotive, spoke in opposition and felt that just because he had hazardous materials did not mean he was a polluter. Forrest Watts, on behalf of the Restaurant Association, also spoke in opposition. Angela Decolbv spoke to the quality of life which she felt was diminishing in San Luis Obispo because of over regulation. Robert Saleks, representing the Elk's Lodge, was concerned about -the fee increase and felt this was another move against the business industry. Ron James. 1192 Vista Del Lago, felt that it was unfair to the businesses and that the fee should be for all wastewater users. Don Scorake, of Escort on Laurel Lane, was opposed to the fee. Mayor Dunin declared the public hearing closed. Councilwoman Ranaa reminded the Council that this had been a fee that Council had directed staff to 1 come back with. Moved by Ranpa /Roalman to adopt a resolution setting industrial user fees for wastewater discharge as recommended. Motion failed (1 -3 -1, Councilmembers Pinard, Roalman, and Mayor Dunin voting no, Councilman Reiss absent). I, I O City Council Minutes Page 4 , Tuesday, February 19, 1991 - 7:00 p.m. Moved by Petard /Roalman to direct staff to report back with a revised Industrial User Permit program, incorporating suggestions made by Councilmembers including reduced inspection fees for commercial establishments and a fine program for actual offenders. Motion carried unanimously (4.0 -1, Councilmember Reiss absent). 815 pm. Mayor Dunin declared a recess. 8:40 p.m. City Council reconvened; Councilman Reiss absent, 3. REVISED BIA THURSDAY NIGHT ACTIVITIES RULES AND FEES (File No. 472) Council continued its public hearing to consider the BIA's revised Thursday Night Activities Rules and Regulations and Fee Schedule (continued from 2/5/91). Ken Hamnian. Assistant City Administrative Officer, briefly reviewed the report stating that this was a clean -up from two weeks ago and urged the Council's approval of both the revised actions. In the rules and regulations, Council had opted to delete Item E, under Section 5, that would have provided the BIA with the ability to restrict displays that were not in keeping with the family oriented nature of Thursday nights. Due to concerns raised by the public, the Council deleted this section and asked the BIA to work with the community to develop more appropriate language. BIA had since decided that they concurred with the Council's decision to delete Item E and would develop other means to meet the intent of the provision. Mayor Dunin declared the public hearing open. No one spoke for or against the hearing. ' Mayor Dunin declared the public hearing closed. Moved by Rappa /Pinard. Resolution No. 6941 and 6942 were adopted amending the BIA's Thursday Night Rules and Regulations and approving the revised fee schedule as recommended. This included a rescinding of Resolution No. 6934 and 6935 (4-0-1, Councilman Reiss absent). 4. LAGUNA LAKE MANAGEMENT (File No. 883) Council considered the future management of Laguna Lake (continued from 2/5/91). Dave Romero, Public Works Director, gave a lengthy report on the background and future management suggestions for Laguna Lake and specifically made the recommendations to A) proceed with plans and specifications for removal of material from the delta (Alternative A of the Staff Report), funding in this case would be considered in the 1991 -93 budget; B) that the City expend no further effort to re-create an inlet to the lake arm (Alternative D); and C) requested that staff be given additional direction concerning long -term viability of the lake. The alternative actions included three: 1) adding treated effluent from the City sewage treatment plant; 2) raising the lake level by building a weir upstream of the Madonna Road culvert; 3) dredging of Laguna lake. He reviewed in detail the dredging alternatives, which included A) removal of delta at the outlet of the Prefumo arm. This material would be trucked off site. Material which could be removed by this method was approximately 25,000 cubic yards at a cost of $130,000. B) Lowering of the bottom of the main portion of the lake by an average of 5 feet. The material removed would be deposited on approximately 25 acres of City owned property, northwest of the developed portion of Laguna Lake. The material to be removed was 500,000 cubic yards, at a cost of $2,700,000. C) Lowering of the bottom of all water area of lake to an elevation of 106 feet or an average of 5 feet. This is a larger version of the B alternative and is the one , recommended in the Lake Management Plan. The material to be removed was 700,000 cubic yards at a cost of $3,700,000; and D) to lower the Prefumo inlet and remove all trees so as to recreate the lake arm condition envisioned with the original development. This alternative could be done in conjunction with City 447 City Council Minutes Page 5 Tuesday, February 19, 1991 - 7:00 p.m. Alternative B or C. The material would be hauled away. There could be problems with Fish and Game, the Corps of Engineers, or environmental concerns. Material to be removed was 50,000 cubic yards at a cost of $280,000 if a dry working condition could be achieved. If wet conditions were to be dealt with, cost could triple together with a substantial mess in trying to haul wet material from the site. Staff felt that removal of material from the delta (Alternative A) was of primary importance and is a continuation and extension of the existing maintenance program. Staff was currently preparing plans and had submitted a funding request to Zone 9. The City would need supplemental funds of approximately $80,000. Staff did not recommend the re-creation of the inlet condition envisioned by the original developer (Alternative D). This would involve removal of many trees along the inlet banks, contrary to the management plan, the EIR, and the wishes of Fish and Game and the Corps of Engineers. Staff did anticipate some opposition from the neighborhood, most important, however, would be the virtual impossibility of retaining water depth in this inlet without development of expensive silt retention facilities upstream of the City in Prefumo Canyon. Acquisition and development of the facility would be quite complicated and time consuming. It was imperative that dredging of material from the main body of Laguna Lake be done or the Lake would eventually become a marsh and eventually a meadow. The question facing the Council was whether now was the appropriate time to go ahead with the program. Because of the difficulty in financing such major costs, staff felt that the program should not be funded solely from the general fund, but to look at all sources including user fees, assessment district, grants, and general funds. He felt it would be an appropriate topic of discussion for the Laguna Lake Park Committee to review. Mayor Dunin asked for public comment. Brett Cross. 1217 Mariner's Cove, spoke in support of expanding the Laguna lake arm and referred to the petition submitted in the Council's packet. Dr. Jon Davidson, spoke in support of dredging, particularly because of what he considered to be a fire hazard to the homes located in this area. Jim Dummit, spoke as both a recreational user of the lake and - representing windsurfers, also supported the initial dredging of the lake as quickly as possible. Don Merneche, 1252 Atascadero, spoke in support of preserving the lake. He was concerned that he had sent a letter to the Mayor previously with no response. Catherine Owens, 1552 Madonna Road, spoke in support of maintaining the lake. Cathy Settle, 1244 Drake Circle, spoke in support of preserving the lake. Walt Ross, 1132 Vista Del Lago, also supported the staffs recommendation to dredge. Glen Carlson, retired hospital administrator, encouraged maintaining of the lake to keep it viable as well as preserving the wildlife. Neil Seiler, 1111 Vista Del Lago, spoke in support of the lake. Ann Phillips, asked the Council to look at the lake and the surrounding area as a wetland and should be preserved. Kenneth Athens. 1052 Vista, spoke in support of preserving the lake, reminding the Council that it was a Spanish Land Grant and was important to the area. Ed Blan 1152 Vista Del Lago, spoke in support. ..; City Council Minutes Page 6 Tuesday, February 19, 1991 - 7:00 p.m. ' Gary Caulev. 945 Del Rio, spoke in support and also felt that it needed to have the Laguna Lake inlet cleaned and dredged. Mr. Bu rkett. resident on Oceanaire, also in support. Mayor Dunin declared the public comment closed. Moved by Roalman/RaDna to proceed with the plans and specifications for removal of material from the delta as recommended by staff with funding to be considered in the 1991 -93 budget and to seek $50,000 from Zone 9. Motion carried unanimously (441-1, Councilman Reiss absent). Moved by Roalman/Raupo to direct staff to begin the environmental impact report process for Projects B and C and begin exploring financial strategies for accomplishing the task. Motion carried (3 -1 -1, Mayor Dunin.voting no, Councilman Reiss absent). Moved by Roalman/Rapga to direct staff not to expend further effort in pursuing recreation of the inlet into the lake area (Alternative D) (3 -1 -1, Councilwoman Raupa voting no, Councilman Reiss absent). 10.20 pm. Mayor Dunin declared a recess. 10.30 p.m. City Council reconvened; Councilman Reiss absent. 5. STREET NAMING PROCEDURES (File No. 532) Council considered an existing ordinance to clarify street naming procedures. Arnold Jonas. Community Development Director, briefly reviewed the agenda report, with the recommendation that Council determine that the existing ordinance is adequate and does not need changing at this time, but to stipulate that petitions seeking name changes are to contain names of owners or residents of affected properties, but not both for an individual property. it was staffs recommendation that only the property owner be allowed to sign the petition, not the tenant. Councilwoman Pinard was concerned that all people should be given an opportunity to express their support or opposition to a street name change. After discussion, it was moved by Ranna /Roalman to determine that the existing ordinance is adequate. Motion carried (3 -1 -1, Mayor Dunin voting no, Councilman Reiss absent). Moved by Dunin /Rapper to direct staff to bring the ordinance back with the deletion of paragraph D. Motion tied (2 -2 -1, Councilmembers Pinard and Roalman voting no, Councilman Reiss absent). 6. LAGUNA LAKE PARR MASTER PLAN (File No. 883) Council considered the initial draft planning principles for the Laguna Lake Park Master Plan. Jan DiLeo, Long Range Planner, reviewed the agenda report with the recommendation that Council approve the draft planning principles for Laguna Lake Park as forwarded to the Council by the City's Parks and Recreation Commission, including the comment forwarded to the Council by the County of San Luis Obispo. Mike Multari, of Crawford, Multari and Starr, reviewed the Park Master Plan giving a brief presentation. Councilwoman Pinard expressed safety concerns regarding the restrooms at the park, and asked that this ' be reviewed by the committee.