HomeMy WebLinkAbout09/16/1986M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers 1
Present: Vice -Mayor GlennaDeane Dovey, Robert Griffin, Penny Rappa,
Allen K. Settle and Mayor Ron Dunin
Absent: None
City Staff
Present: Paul Lanspery, City Administrative Officer; Roger Picquet,
City Attorney; Pamela Voges, City Clerk; Mike Multari,
Community Development Director; Dave Romero, Public Works
Director; Toby Ross, Assistant Administrative Officer; Mike
Dolder, Fire Chief ;. Bill Hetland, Utilities Manager; Dave
Elliott, Administrative Assistant; Lane Wilson,
Parks /Building Manager; Jack Brazeal, Tree Maintenance
Technician
C O N S E N T A G E N D A
Moved by Settle /Rappa (5 -0), the Consent Agenda was unanimously approved
as recommended by the City Administrative Officer with item C -9 continued
to date uncertain. The following actions were taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Monday, June 2, 1986 - 7:00'p.m.; Tuesday, June 10,
1986 - 7:00 p.m.; and Tuesday, June 17, 1986 - 7:00 p.m. were approved as
amended (5 -0).
C -2 CLAIMS AGAINST THE CITY (File #189)
Claims against the City by Christine McDonald, etal (6 persons), in the
amount of $100,000+ each for personal injuries sustained from an auto
accident allegedly caused by the government's failure to properly regulate
a tow truck license (accident occurred in the County) were denied as
recommended (5 -0).
C -3 RESOLUTION OF APPRECIATION (File *722)
Resolution of Appreciation No. 6064 (1986 Series), was adopted expressing
the City's gratitude to retired Fire Captain Patrick Dempsey for 29 years
of dedicated service to the City and its citizens as recommended (5 -0).
(Presentation to be made on September 19).
C -4 TRANSIT PERFORMANCE (File x542)
Report on the results of the tri- annual performance audit of San Luis '
Obispo Municipal Transit system received and filed as recommended (5 -0).
C -5 FINAL SUBDIVISION - TRACT 1213 (File #410 -1213)
Resolution No. 6065 (1986 Series), was adopted as recommended approving
final map for Tract 1213 (Pinecreek Condos), creating a 36 -unit
residential condominium complex at 1185 Foothill Blvd.; Pine Creek
Development Company (Jay Farbstein), subdivider (5 -0).
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 2
C -6 POLICE AGREEMENT (File #625)
Resolution No. 6066 (1986 Series), was adopted approving an amendment to
the Memorandum of Agreement between the City and the San Luis Obispo
Police Officers' Association to provide an 8 -month trial period to amend
patrol shifts to allow for a 3/12 work shift rather than a 5/8 work shift
as recommended (5 -0).
e
C -7 911 EMERGENCY FUNDING (File #711)
Moved by Settle /Rappa (5 -0), to authorize the Mayor to sign a letter to
Governor Deukmejian requesting the Governor sign into law (SB 1735) a bill
to provide for additional 911 emergency funding as recommended.
C -8 PROMOTIONAL GRANTS (File #1051)
Resolution Nos. 6067 through 6086 (1986 Series), were adopted approving
contracts with 20 organizations for promotional grants (totaling $48,995)
recommended by the Promotional Coordinating Committee (5 -0). (Grants were
given conceptual approval by the Council on 8- 19 -86).
C -9 PLANS AND SPECIFICATIONS - INTERMODAL FACILITY (File #86 -19)
Moved by Settle /Rappa (5 -0), to continue to date uncertain consideration
of plans and specifications for the San Luis Obispo Intermodal Facility
Project at Railroad Avenue area; City Plan No. L -08D, estimated at
$617,748.
P U B L I C H E A R I N G S
1. DOWNTOWN HOUSING CONVERSION (CV1274) (File #427)
Council held a public hearing to consider a request to allow partial
' conversion of the San Luis Hotel to non - residential use at 697 Higuera
Street; C -C zone; Bill Watson, applicant (continued from 8 -5 -86 &
8- 19 -86).
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt a resolution approving a use
permit for the partial conversion of the San Luis Hotel to non - residential
use.
Mayor Dunin declared the public hearing open.
T. Keith Gurnee, with Richmond, Rossi and Montgomery and representing the
applicant Dr. Watson, reviewed his client's concerns should they have to
add the residential units on the second floor. They requested that the
requirement be deleted, as it was not economically feasible and would not
effectively serve the commercial property well. They suggested a counter
proposal to reduce the required second floor residentail use to 20% rather
than 30% for housing should the Council support the mixed use concept.
Richard Crutchfield, representing the Housing Authority, spoke in favor of
retaining housing in the building.
Mayor Dunin declared the public hearing closed.
Councilwoman Rappa stated she was not supportive of eliminating the
residential use as this was not in keeping with the Housing Element and
other City policies.
Councilman Settle supported the mixed use concept and he would be willing
to go with the applicant's request of 20 %, rather than 30% residential use
on the second floor.
Councilman Griffin suggested that rather than setting an exact percentage,
that significant housing be required for the second floor, leaving the
final number up to the discretion of the Community Development Director.
Councilwoman Dove y suggested referring the item back to the applicant for
schematic drawings possibly including seven or eight studio units.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 3
After discussion, moved by Griffin /Settle (4 -1, Rappa voting no),
Resolution No. 6087 (1986 Series), was adopted approving the request to
allow partial conversion and grant the permit with a condition to provide
for a minimum of four residential units on the second floor.
2. WATER MANAGEMENT (File #517)
Council continued the consideration of a letter to the County Board of
Supervisors concerning City water requirements and commenting on the
County Water Master Plan (continued from 8- 19 -86).
Paul Lanspery, City Administrative Officer, reviewed the agenda report and
various points in the letter proposed by staff. He also reviewed changes
submitted by Councilmembers Dovey, Rappa and Griffin. He was recommending
that the Mayor be authorized to sign the letter to the County with any of
the additional amendments submitted by Councilmembers should they so
desire.
Mayor Dunin declared the public hearing open.
Charles Long, 145 South Street, spoke in support of the Council obtaining
additional water and urged them to look at the long term needs.
Maggie Cox, representing the Chamber of Commerce, stated they were in
support of going ahead with the Environmental Impact Report, and supported
looking at both the State and Nacimiento alternatives.
Rose McKeen spoke in support of additional water and urged that Cuesta
College be given necessary water needed.
Rosemary Green supported the EIR, she felt that the City's stated water
requirements were underestimated, and water levels for hotels and motels
were greater than estimated and would continue to increase.
Mayor Dunin declared the public hearing closed.
Council then reviewed the fourth draft letter, which included comments and
suggestions by Councilmembers Dovey, Griffin and Rappa.
Councilman Settle stated he could support the fourth draft.
Councilwoman Rappa also spoke in support of the latest amendments.
Councilman Griffin suggested adding an additional amendment to the fourth
draft adding the following sentence to the last paragraph of the letter to
read, "Based upon the above projections and concerns, the City urges the
County to proceed with a comprehensive Environmental Impact Report for
supplemental water on a regional basis."
Mayor Dunin would not support the letter if it included the 3,000 acre
foot planning subscription number or the benchmark year of 2015. He felt
this was short - sighted and that the City needed to provide for a longer
time span. He was pleased the letter urged working with other
governmental agencies.
After discussion, moved by Rappa /Settle (4 -1 -0, Dunin voting no), Mayor
was authorized to sign the letter to the County Board of Supervisors as
indicated in the fourth draft with amendment as proposed by Councilman
Griffin.
3. MADONNA ROAD ASSESSMENT DISTRICT (File #416)
Council held a public hearing to consider an assessment district to
finance acquisitions and improvements in the Madonna Road area (continued
from 7 -1 -86 8 8- 5 -86).
Toby Ross, Assistant City Administrative Officer, reviewed the agenda
report with the recommendation that Council adopt three resolutions which
modified and established an assessment district to pay for a portion of
Madonna Road bridge widening and would authorize the Mayor to sign a deed
of trust.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 4
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed assessment. Mayor Dunin declared the public hearing closed.
Roger Picuuet, City Attorney, asked that the record reflect that no
letters of protest were received.
Moved by Settle /Griffin (5 -0), Resolution Nos. 6088 6089 and 6090 (1986
Series), were adopted to: 1) order modifications to the assessment
district; 2) confirm the assessment and order the work done; and 3)
authorize the Mayor to sign a trust deed in the amount of $240,000 plus
expenses.
4. GARBAGE RATES (File 4142)
Council held a public hearing to consider adjusting garbage rates within
the City. The recommended rate increases to be effective January 1, 1987,
included: 1) elimination of per unit charge for multi -unit residential
dumpster customers; 2) establishment of a new multi -unit residential
dumpster rate set 33% above the commercial rate effective 1/1/87; 3)
increase of the commercial dumpster rates by 19 %; and 4) increase of all
other rates by 10 %.
Dave Elliott, Administrative Analyst, reviewed the agenda report with the
recommendation that Council adopt the draft solid waste resolution
effective - January 1, 1987, which would levy a truer cost of service upon
all customers and provide a 10% overall revenue increase. He also
suggested an amendment to the resolution in the first section to read,
"The base monthly rate for the weekly collection and disposal of up to one
cubic yard of refuse for residential customers from standard garbage cans
or from waste wheeler containers provided by the franchisee shall be $6.80
Per residence." This would help to clarify in the event there were second
units or duplexes on the property.
' Mayor Dunin declared the public hearing open.
Olive Markham spoke in support of allowing a discount for senior citizens
that are on fixed incomes. She was opposed to any additional rate
increases and would ask that the Council rescind the previous increase.
She suggested that the dollar amount be frozen at $5 per month.
LaVerne Schneider, 1356 Marsh Street, gave a lengthy history of the
franchisee and the history of the rates and rate structure. She also
suggested various amendments as follows: 1) citizens not have to pay
garbage rates two months in advance; 2) side yard pickups be reinstated
(curbside pickup in older neighborhoods could be a considerable eyesore);
3) pursuant to Federal Law 93 -112, consideration be given to the elderly
if the franchise was more than $2,500; and 4) no additional rate increases
be given as the percentage increase in the last few years have been
excessive.
Charlie Cattaneo, franchisee, spoke to some of the comments made by the
public. He also stated that if the Council did want to look at some sort
of discount for seniors it might be accomplished by having a separate
charge for those providing only one can.
Councilman Settle and Mayor Dunin expressed support for reviewing the
senior rate structure, possibly provide for a lifeline rate for low- income
or seniors.
' Councilwoman Dovey spoke in support of the rate increase. She did not
think it was feasible to provide a discount just for seniors, although one
could possibly look at it for the low- income. She also did not feel that
putting the franchise out to bid would result in lower rates as someone
else could probably not be as competitive as the current franchise
holder. It would be difficult for someone else to obtain a disposal site
which Mr. Cattaneo already has. She felt the company had done an
excellent job, and stated they provided recycling for aluminum and glass
at no extra charge to the customer. This was an important issue and
should be considered for mandatory recycling.
After discussion, moved by Griffin /Rappa (5 -0), Resolution No. 6091 (1986
Series), was adopted adjusting the garbage rates effective January 1,
1987, with the amendment proposed by staff.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 5
Moved by Griffin /Settle (5 -0), that staff be directed to include in the
next two -year budget process consideration and development of a
comprehensive statement on lifeline rate policies for city utilities and
related services.
9:35 p.m. Mayor Dunin declared a recess. 9:50 p.m. City Council
reconvened, all Councilmembers present.
P U B L I C C 0 M M E N T P E R I O D
P.C. -1 David Lawrence, 111 Kentucky, living at the corner of Kentucky and
Hathway, complained about the noise from a house located directly across
from their home which was near Cal Poly. He was concerned that the
students were too loud; they relieved themselves on the neighboring
properties; and left beer cans strewn on the yards.
Councilman Settle suggested that Mr. Lawrence contact Russ Brown, Dean of
Students, at the University.
This item was referred to the City Administrative Officer for report and
response.
P.C. -2 Barry Whelchel, 1351 Royal Way, stated that his condominium
association had repeatedly complained to the Laguna Village Shopping
Center about various noise problems with no resolve. This included:
1) trucks making deliveries before 7:00 a.m. and after 7:00 p.m.; 2)
maintenance crews working in the middle of the night; 3) garbage being
dumped that was not properly sacked; 4) liablility because of
skateboarders riding the sidewalks with cars traveling faster than the 5
miles per hour posted speed limit.
This item was also referred to the City Administrative Officer for report
and response.
5. TREE APPEAL (File #505)
Council held a public hearing to consider an appeal by Diana Atiya of a
decision by the Tree Committee to deny her request to remove or replace a
Chinese Elm tree located at 305 Santa Lucia Street (continued from 9- 2 -86).
Lane Wilson, Parks & Building Manager, reviewed the agenda report with the
recommendation by the Tree Committee that the Council adopt the resolution
and deny Mrs. Atiya's appeal to remove an elm at 305 Santa Lucia and to
consider a system for mitigation measures.
Mayor Dunin declared the public hearing open.
Mrs. Atiya. 305 Santa Lucia, spoke in support of her request. She did not
feel that the survey accurately reflected many of her neighbors' feelings
and urged the Council's support of her appeal.
Jim Lathrop, 225 La Canada Drive, spoke in support of Mrs. Atiya's
request.
Mayor Dunin declared the public hearing closed.
Councilwoman Dove y suggested relooking at the Tree Ordinance, amending if
necessary, and evaluating those neighborhoods with older trees that may
cause similar nuisances..
Councilman Settle supported the policy changes and would recommend
replacement rather than removal.
Councilwoman Rappa supported the Tree Committee's recommendation and felt
that the ordinance was put in place to protect these types of trees and
felt there was not adequate reason or findings to support the request.
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 6
After discussion, moved by Dunin /Settle (4 -1, Rappa voting no), Resolution
No. 6092 (1986 Series), was adopted to uphold Mrs. Atiya's appeal and
denying the action taken by the Tree Committee with the findings proposed
by the City Attorney.
Councilman Griffin suggested adding an additional section in the
resolution to provide that this did not establish a precedent but to
recognize the circumstances that are common to older neighborhoods.
' After discussion and upon general consensus, Council directed staff to put
in outline form a schedule and process for evaluating the street tree
maintenance program including the financial impacts (5 -0).
6. HAZARDOUS MATERIALS (File #706)
Council held a public hearing to consider giving final passage to
Ordinance No. 1075, giving the City fire Department authority to implement
specific business plans for emergency response to a release or threatened
release of hazardous materials (continued from 8- 5 -86).
Mike Dolder, Fire Chief, reviewed the agenda report with a recommendation
that Council give final passage to the ordinance and to continue to take
input from business owners and citizen groups prior to the - adoption of the
permit fees.
Mayor Dunin declared the public hearing open.
Ken Dewar, representing J. B. Dewar, agreed with staff that the City
should be the controlling agency regarding hazardous materials and was
willing to work with the City on trying to keep a cap on the fees.
Mayor Dunin declared the public hearing closed.
Moved by Settle/Dove y (5 -0), Ordinance No. 1075 given final passage as
recommended and consideration of establishing the permit fee continued to
allow additional input as recommended.
7. PUBLIC STREET ACCEPTANCE (File #532)
Council considered a request to allow a substandard street (La Vineda) to
provide access from Johnson Avenue to a proposed subdivision between La
Vineda and Flora Street.
Mike Multari, Community Development Director, reviewed the report
recommending that the Council approve in concept acceptance of an improved
half- street to allow access from adjacent properties.
Mayor Dunin asked for public comment.
Martha Reed, the applicant, was available for questions.
Moved by Settle/Dove y (5 -0), to approve the recommendation to give
conceptual approval to the improved half- street. (Final Council approval
to be made concurrent with review of proposed development project at
subject property).
8. SOLID WASTE MANAGEMENT_ PLAN (File #524)
Council reviewed the final draft of the San Luis Obispo County Solid Waste
Management Plan.
Mike Dolder, Fire Chief, reviewed the report with a recommendation that
Council review the draft plan and set a public hearing on September 22 in
order to approve the plan by the deadline needed for the County.
Norma Dengler, representing the County of San Luis Obispo, gave a lengthy
review of the draft plan and the process. She explained that the State
was currently suing the County for failure to have met the deadline to
provide for an adopted plan. They were anxious for the City to give final
approval, and stated that a commission would be established to work on the
plan and to incorporate suggestions and amendments proposed by the various
cities. She hoped that the Council would have their concerns met in this
manner. The commission would be made up of a representative from each
CITY COUNCIL MINUTES - TUESDAY, SEPTEMBER 16, 1986 - 7:00 P.M. PAGE 7
city including a civil engineer and a member from the County Board of
Supervisors.
Councilman Griffin felt that the document would be better if used as a
basic policy framework. He did not feel that there was a great deal of
resource commitment and action programs.
Bill Briam, County Administrative Officer, stated that they would review
the language in revised resolution, and that he saw the document to be
used as a policy framework for planning purposes only.
After discussion, moved by Settle /Dover that a public hearing be set for
Monday, September 22, 1986 as recommended.
Councilman Griffin suggested that County staff draft a letter for the
County Board of Supervisors' approval that would insure the progress of
the future review of the Solid Waste Management Plan.
Bill Briam, County Administrative Officer, agreed that a letter could be
prepared and brought back by the September 22 date.
11:45 p.m. Mayor Dunin adjourned the meeting to Closed Session to discuss
pending litigation - Olson vs. City of San Luis Obispo, Superior Court
Case #60703; and Groves vs. City of San Luis Obispo, Superior Court Case
#60345.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 12:25 a.m. to Monday, September 22, 1986,
at 12:10 p.m.
Pam la Voges, City erk
APPROVED BY COUNCIL: 11 -18 -86
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M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, SEPTEMBER 22, 1986 - 12:10 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Councilmembers
Present: Vice -Mayor GlennaDeane Dovey, Councilmembers Robert Griffin,
Penny Rappa, Allen K. Settle and Mayor Ron Dunin
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney: Steve Henderson, Assistant to the Administrative
Officer; Mike Dolder, Fire Chief; Bill Hetland, Utilities
Manager; Dave Elliott, Administrative Assistant; Jim Kemper,
Student Intern II: Sharon Jones, Recording Secretary
Others Present: Pat Barlow, Chairman of the Mobilehome Rent Review Board
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Mayor Dunin stated that a letter had been received from Mr. Perry,
Attorney representing the Creekside Homeowners' Association, requesting
continuance of the appeal item #2 for two weeks so he could be present.