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Home My WebLink About08/02/1988, C-1 - MINUTES MET''NG AGENDA ^ , AUG 2 '88 DAl c ITEM # L M I N U T E S REGULAR MEETING OF THE CITY COUNCIL MONDAY, JUNE 6, 1988 - 7:00 P.M. Draft Minutes COUNCIL CHAMBER, CITY HALL, 990 PALM STREET to 6e approved SAN LUIS 0BISPO, CALIFORNIA at Council Meeting ROLL CALL of $ Z Councilmembers Present: Peg Pinard, Penny Rappa, Jerry Reiss, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk; Michael Multari, Community Development Director; Dave Romero, Public Works Director; Toby Ross, Assistant Administrative Officer; Jim Gardiner, Police Chief; Bill Hetland, Utilities Manager; Bill Stader, Finance Director -------------------------------------------------------------------------- C O N S E N T A G E N D A Moved by Settle/Reiss (54-0) , to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C-7 as noted. C-1 COUNCIL MINUTES The following minutes were approved as amended (5-0) : Saturday, March 19, 1988 - 9:15 a.m. Tuesday, March 22, 1988 - 7:00 p.m. Monday, April 4, 1988 - 4:00 p.m. Monday, April 11, 1988 - 4:00 p.m. Tuesday, April 19, 1988 - 7:00 p.m. Draft Council Minutes - Page 2 Monday, June 6, 1988 - 7:00 p.m. C-2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (5-0) . C-3 PLANS AND SPECIFICATIONS - WATERLINE IMPROVEMENT (File *88-04) By motion, plans and specifications for "Waterline Improvement Project on Jennifer Street from Ella to George Streets and from Jennifer to end, " City Plan No. M-27P; bid estimate $97,840, approved as recommended (5-0) . C-4 AWARD OF BID - BUS FACILITY ACCESS ROAD (File *87-40) Resolution No. 6444 (1988 Series) , adopted awarding bid for "Bus Facility Access Road Improvement Project and So. Higuera/Prado Overlay," City Plan No. K-38D; bid estimate $120,625, to Madonna Construction Company in the amount of $97,644 and authorized transfer of $108,000 from Capital Outlay Fund CEP allocation to Account No. 868-1077-008-119 as recommended (5-0) . C-5 FEDERAL AID PROJECT - TORO STREET BRIDGE (File *1142) Resolution No. 6445 (1988 Series) , adopted approving program supplement to the Local Agency State Master Agreement for Federal-Aid-Urban Project No. 05-5016 for "Bridge Replacement Project - Toro Street at San Luis Obispo Creek," City Plan No. J-07H (total estimate $424,488; $340,000 Federal patricipation; $84,488 City matching funds) as recommended (5-0) . C-6 SALINAS RESERVOIR EXPANSION (File *1104) Staff authorized to negotiate a contract for professional services with Woodward-Clyde Consultants to perform a feasibility study for the expansion of the Salinas Reservoir ($250,000) as recommended (5-0) . 0�/-WA. Draft Council Minutes - Page 3 Monday, June 6, 1988 - 7:00 p.m. C-7 WASTEWATER MANAGEMENT PLAN (File #526) Moved by Rappa/Reiss (4-1, Pinard voting no) , Brown and Caldwell Consulting Engineers to proceed with the Wastewater Management Plan Implementation Agreement tasks as recommended. Monthly written reports to be continued with oral presentations by consultant given on a quarterly basis. P R E S E N T A T I O N A. CERTIFICATE OF APPRECIATION Mayor Dunin presented a certificate of appreciation for Steve Smith, a passenger who heroically stopped a bus after the bus driver became unconscious due to a medical problem. The presentation was made to the Assistant City Administrative Officer as Mr. Smith was unable to attend (5-0) . P U B L I C H E A R I N G S 1. APPEAL - REXALL SIGN (File *424) Council held a public hearing to consider an appeal by James Jones of a decision by the Architectural Review Commission to deny request for a variance for freestanding pole sign and continuance of wall sign at 717 Marsh Street (Rexall Drug) (continued from 5/17/88) . Mike Multari , Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution to deny the appeal. Mayor Dunin declared the public hearing open. G -�-3 Draft Council Minutes - Page 4 Monday, June 6, 1988 - 7:00 p.m. Jim Jones spoke in support of his appeal . He also submitted a petition signed by over 3000 persons encouraging Council 's support to leave the pole sign as it currently exists. Pat Jones also spoke in support of the appeal . He urged that the Council consider this sign as a landmark. Mike Jones, partner in Rexall Drug Store, spoke in support of their request. Martin Matheson stated he had no Financial interest in the Rexall Drug Store, but thought it an important landmark sign and should be retained.. Tim Weddle, resident of San Luis Obispo, spoke in support of the sign. Miss Burso spoke in support of the appeal. Michael Frucht, owner of Michael 's Deli, felt the sign should be retained. Ken Schwartz, 201 Buena Vista, gave a history of the sign regulations. He felt the sign was inappropriate and should be removed pursuant to the time frame that had been given in the sign regulations and required of other businesses. Rick Owens, owner of Mission Office Products, spoke in support of the appeal. Dustin McKenzie, 3395 South Higuera *34, Boy Scout, spoke in support of the appeal. Jim Buttery, spoke in support of the appeal. Bill Campbell, 532 Higuera, spoke in support of the appeal. Draft Council Minutes - Page 5 Monday, June 6, 1988 - 7:00 p.m. Jim Jones stated he had a concern with the staff report, indicating that the sign height was misrepresented. Devin Reiss, 1309 San Marcos, spoke in support of the appeal. Mayor Dunin declared the public hearing closed. Councilman Reiss felt it would be unfair to allow this sign when others have complied with the sign ordinance. He would support removal of the sign. Councilwoman Pinard stated she was opposed to leaving the sign and in the interest of fairness, it should be removed. Councilman Settle felt this was an action of retroactivity of law and could not support the removal of the sign. He thought the sign ordinance should be looked at regarding amortization and reassessment to the degree of legal nonconforming signs as appropriate. He would allow it to remain and suggested referring this to staff to allow some flexibility in the ordinance for this sign as well as others. Councilwoman Rappa agreed with the present sign ordinance and would therefore, support denial of the appeal. Moved by Reiss/Pinard (3-2, Settle and Mayor Dunin voting no) , to adopt Resolution No. 6446 (1988 Series) , denying the appeal of the pole sign and referring the wall sign to the Architectural Review Commission for further review. Moved by Rappa/Mayor Dunin (5-0) , the Cultural Heritage Committee be requested to review the State and National guidelines for historical (landmark) signs and report back to the City Council as to whether it should be incorporated into the City's sign ordinance. S Draft Council Minutes - Page 6 Monday, June 6, 1988 - 7:00 p.m. At 8:25 p.m. , Mayor Dunin declared a recess. At 8:30 p.m. , City Council reconvened, all Councilmembers present. 2. WATER RATES/CONSERVATION (File #516) A. Council held a public hearing to consider increasing water rates in order to encourage water conservation and to meet the water system's operating and capital needs (approx. 85% increase) . Bill Statler, Finance Director, reviewed the agenda report with the recommendation that Council adopt the resolution which would increase the water rates as recommended by staff. Mayor Dunin declared the public hearing open. Charles Palmer, 485 Estero, Morro Bay, an engineer, felt staff was being too optomistic in obtaining the amount of water conservation as outlined in the report. Also, that Council should increase the water rates but separate the two issues of water conservation and water rates. He felt that some businesses had to sacrifice more than others and there was not sufficient equity. Businesses should be considered in the rate structure, particularly the high users, differently than others. He also felt there should be higher incentive levels for people to conserve water. George Gibson, 2424 La Cumbre Ct. , did not feel there was sufficient information available in the staff report at this time to justify the recommended rate increase. He would support a rate hike for demonstrated use of a shortfall, believed that one did not exist, and would urge continuance. Maggie Cox, representing the Chamber of Commerce, recommended a continuance of the action until the Chamber had an opportunity to respond. They felt it might be unduly harsh to the commercial users. Draft Council Minutes - Page 7 Monday, June 6, 1988 - 7:00 p.m. Dodie Williams, BIA Administrator, requested a continuance on behalf of the BIA Board to allow sufficient review. Michael Frucht, Michael's Deli, did not think that most restaurants could conserve water at any higher level than they currently did. He would like additional opportunity to review and make recommendations. Peter DeGroot, 34 South Higuera, and representing Model Linen, felt that this rate increase was not equitable to large users such as himself. They had already attempted every possible manner they could for recycling and conserving water. At this time, they would only be hit with higher charges and would not be able to conserve further. He also felt that using the City of Goleta as an example was not appropriate as the rate was not comparative. Jim Buttery, 1304 Pacific Street, felt there needed to be an additional opportunity for review and this would not be equitable for mobilehome users. Bill Hetland, Utilities Manager, responded to comments made with regard to Cal Poly stating that staff was reevaluating the rate structure. Don Smith supported staff's recommendation for the increase. He also felt the city needed to set a better example for water conservation. Charles Long spoke on behalf of park owners and felt that an inequity existed for parks. Barron Wiley, 1621 McCollum, also spoke to concerns of the proposed water increase. Mayor Dunin declared the public hearing closed. Draft Council Minutes - Page 8 Monday, June 6, 1988 - 7:00 p.m. Councilwoman Pinard suggested that the news media identify water conservation methods and encourage people to conserve water. She urged that Cal Poly be reevaluated as far as their fair share and also suggested looking at hookup fees. Councilwoman Rappa felt it important that water rates be considered annually. She stated Council had previously looked at seasonal rates and determined they would not be equitable. This was the fairest approach and she could support the rate increase. After additional discussion, moved by Rappa/Settle (3-2, Pinard and Mayor Dunin voting no) , to adopt Resolution No. 6447 (1988 Series) , increasing the water rates as recommended by staff (Alternative A) with water rates to be reviewed annually. 10:20 p.m. , Mayor Dunin declared a recess. At 10:30 p.m. , City Council reconvened, all Councilmembers present. B. Council held a public hearing to consider a resolution determining that a critical water shortage exists in the City of San Luis Obispo and adoption of an urgency ordinance amending the Municipal Code to authorize the Utilities Manager to enact water conservation measures when the Council determines that a water shortage exists. Bill Hetland, Utilities Manager, briefly reviewed the agenda report with the recommendation that Council adopt the urgency ordinance enacting water conservation measures. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Draft Council Minutes - Page 9 Monday, June 6, 1988 - 7:00 p.m. Moved by Rappa/Reiss (5-0) , to adopt Resolution No. 6448 (1988 Series) , determining that a critical water shortage exists. Moved by Rappa/Reiss (5-0) , Urgency Ordinance No. 1116 (1988 Series) , was adopted authorizing the Utilities Manager to enact water conservation measures as recommended. 3. PROPOSED SUBDIVISION - GRAND AVENUE (File #410-88-21 ) Council held a public hearing to consider a Community Development Director recommendation to approve a tentative map for Minor subdivision No. 88-21, creating four lots with substandard depths requiring exceptions to the Subdivision Regulations; 285 Grand Avenue; R-1 zone; Henry Byzinski, subdivider. Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution approving the tentative map and subdivision exceptions subject to the findings and conditions listed in the draft resolution. Mayor Dunin declared the public hearing open. Terry Orton, representing the owners, spoke in support of the staff recommendation. Henry Byzinski, 228 Albert Dr. , spoke in support. Rick Duran. 325 Albert Dr. , spoke against it. Suzanne Dolt, 299 Albert Dr. , spoke against the subdivision. Elaine Zimmerman, 1677 McCollum, was opposed to the lot split, citing safety problems. Draft Council Minutes - Page 10 Monday, June 6, 1988 - 7:00 p.m. Mary Duran, 325 Albert Dr. , spoke in opposition to the proposed subdivision. Helen McManus, 311 Grand Ave. , was opposed. J. Barron Wiley, 1621 McCollum, was opposed. Mayor Dunin declared the public hearing closed. After discussion, moved by Settle/Rappa (4-1 , Reiss voting no) , Resolution No. 6449 (1988 Series) , was adopted approving Minor Subdivision No. 88-21 , including exceptions to lot standards, with an amendment which would create only 3 lots rather than the 4 lots proposed. 4. PROPOSED SUBDIVISION - ROYAL WAY (File #410-1439) Council held a public hearing to consider a Planning Commission recommendation to approve a tentative map for Tract 1439, creating a 22-lot residential subdivision located at 1901 Royal Way; R-1-S zone; Robert Noyes, subdivider. Moved by Mayor Dunin/Settle (5-0) , this item was continued to date uncertain at the request of the subdivider. 5. APPEAL - 526 SOUTH STREET (File #407) Council held a public hearing to consider an appeal by Virginia Ward of an Architectural Review Commission decision to deny modifications to the approved plans for a new building at 526 South Street to delete wood trim around windows, doors and fascia and to require trim between the first and second floors. Draft Council Minutes - Page 11 Monday, June 6, 1988 - 7:00 p.m. Due to the lateness of the hour, moved by Settle/Rappa (5-0) , this item continued to date certain Tuesday, July 5, 1988, at 7:00 p.m. 6. MINOR ANNEXATION POLICIES (GP1380) (File #462) Council held a public hearing to consider a Planning Commission recommendation to amend the Land Use Element and Water and Wastewater Management Element of the General Plan concerning minor annexation policies; City of San Luis Obispo, applicant. Due to the lateness of the hour, moved by Rappa/Settle (5-0) , this item was continued to date uncertain. 7. 1988-89 BUDGET & ANNUAL WORK PROGRAM (File *233/241) Council held a public hearing to consider final adoption of the city's 1988-89 Budget and Annual Work Program (continued from 4-11-88, 5-2-88 and 5-17-88) . Bill Statler, Finance Director, briefly reviewed the agenda report with the recommendation that Council approve the staff's recommendations as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed budget hearing. Mayor Dunin declared the public hearing closed. Councilwoman Pinard encouraged enforcement with regard to the truck routes, be followed up by staff and would like to see $15,000 be removed from the Pavement Management Plan. She also encouraged the golf course fee increases come back to Council prior to the financial cost program. a -/-// Draft Council Minutes - Page 12 Monday, June 6, 1988 - 7:00 p.m. After brief discussion Rappa/Pinard (3-2, Settle and Mayor Dunin voting no) , Resolution No. 6450 (1988 Series) , approving the 1988-89 Budget and Annual Work Program as recommended. 8. CAPITAL IMPROVEMENT BOARD The City Council then held a meeting as the Capital Improvement Board for the purpose of holding its annual meeting. C O M M U N I C A T I O N S WHALE ROCK AGENDA Upon Council consensus, the Whale Rock agenda is to be made available to the Council prior to action by the Commission. In the future, potentially controversial items should be placed on the Council agenda for discussion. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at 12:15 a.m. to Monday, June 13, 1988 - 4:00 p.m. Pam Voges, City Clerk APPROVED BY COUNCIL: lb M I N U T E S SPECIAL CALLED MEETING OF THE CITY COU\CIL CITY OF SAN LUIS OBISPO Draft Minutes July 12, 1988, 3:30 P.M. to be approved COUNCIL HEARING ROOK, 990 PALM STREET Meeting SAN LUIS OBISPO, CALIFORNIA at Council Meheti of b b CLOSED SESSION ROLL CALL Councilmembers Present : Councilmembers Peg Pinard, Jerry Reiss and Mayor Ron Dunin Absent: Vice-Mayor Penny Rappa and COUncilmember Allen K. Settle City Staff Prcesent: Toby Ross , Acting City Administrative Officer: Roger Picquet. City Attorney: Bill Hetland. Utilities Manager ---------------------------------------------------------------------------- 3:30 p.m. . City Council adjourned to Closed Session to discuss the complaint issued by the CA Regional Water Quality Control Board and the action taken on July 8. 1988. 4:45 p.m. , City Council convened, all Councilmembers present. There being no further business to come before the City Council , Mayor Dunin adjourned the meeting at 4 :45 p.m. to Monday, July 18. 1988 at 4:00 p.m. Pam Voges , City Clerk i APPROVED BY COUNCIL: lb C -1-13