HomeMy WebLinkAbout09/05/1989M I N U T E S
CLOSED SESSION MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 5, 1989 - 3:00 - 5:00 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CLOSED SESSION
B" CALL
Councilmembers
Present: Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry
Reiss, Allen R. Settle and Mayor Ron Dunin
City Staff
Present: John Dunn, City Administrative Officer; Mike Dolder, Fire
Chief; Vicki Finucane, Acting City Attorney; Allen Short,
Water Division Manager
3:00 p.m., Mayor Dunin adjourned the meeting to Closed Session to discuss
per4'ing litigation regarding water quality control consent decree and
Personnel matters regarding Fire Meet and Confer issues.
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 5, 1989 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROM. CALL
Councilmembers
Present: Vice -Mayor Pinard, Councilmembers Penny Rappa, Jerry
Reiss, Allen R. Settle and Mayor Ron Dunin
City Staff
Present: John Dunn, City Administrative Officer; Pam Voges, City
Clerk; Randy Rossi, Iterim Community Development Director;
Dave Romero, Public Works Director; Vicki Finucane,
Acting City Attorney; Allen Short, Water Division Manager;
Jack Brazeal, City Arborist
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5:00 p.m.
Mayor Dunin
adjourned
the meeting.
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WWVED
BY COUNCIL:
10/17/89
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Pam oges, City
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 5, 1989 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROM. CALL
Councilmembers
Present: Vice -Mayor Pinard, Councilmembers Penny Rappa, Jerry
Reiss, Allen R. Settle and Mayor Ron Dunin
City Staff
Present: John Dunn, City Administrative Officer; Pam Voges, City
Clerk; Randy Rossi, Iterim Community Development Director;
Dave Romero, Public Works Director; Vicki Finucane,
Acting City Attorney; Allen Short, Water Division Manager;
Jack Brazeal, City Arborist
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497
City Council Minutes Page s'..'
Tuesday, September 5, 1989 - 7:00 p.m.
PUBLIC COMMENT
P.C.l. Lawrence McGowan, San Francisco, urged the Council to provide for
a homeless shelter.
P.C.2. Don Smith requested Council respond to County regarding State
Water Project Study issue (see letter dated 6/21/89 to Avila Beach Community° z
Water District). After discussion, this item was referred to staff for report
back.
P.C.3. Paul Ready, representing Channel Lumber Company, regarding appeal
of the Foothill Kiosk, urged early Council consideration of his appeal. After'"
brief discussion, and upon general consensus, staff was directed to set a
public hearing for 9/9/89 meeting.
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CONSENT AGENDA
Moved by Rappa /Pinard (5 -0), the Consent Calendar was unanimously approved
recommended by the City Administrative Officer with the exceptions of C -2, C-
3, C -4, C -5, and C -11 as noted.
C -1 COUNCIL MINUTES
The following minutes were approved (5 -0) as amended:
Tuesday, July 18, 1989 - 7:00 p.m.
Monday, July 24, 1989 - 1:30 p.m.
Monday, August 7, 1989 - 12:10 p.m.
Monday, August 14, 1989 - 12:10 p.m.
C -2 CONTRACT PAY ESTIMATES
Contract Pay Estimates and change orders were approved and ordered paid as
amended (5 -0).
C -3 WATER TREATMENT EXPANSION PROJECT (File No. 501)
Council considered approving professional engineering services for the Water
Treatment Plant Upgrade and Ozone Pilot Study not to exceed $125,000.00.
After brief discussion, moved by Rappa /Settle (3 -2, Councilmembers Pinard and
Mayor Dunin voting no), was adopted authorizing the City Administrative
Officer to negotiate a contract with Black and Veatch for professional
services for the Water Treatment Expansion Project as recommended.
C -4 THURSDAY NIGHT ACTIVITIES (File No. 476)
Council considered the adoption of two ordinances related to Thursday Night
Activities (continued from 8/15/89):
A. An ordinance prohibiting all animals on Thursday nights, and
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C:ty Council Minutes Page 3
Tuesday, September 5, 1989 - 7:00 p.m.
B: An urgency ordinance regarding BIA special events and street closures.
Councilman Settle requested that this item come back as a public hearing item.
Councilwoman Ravva requested that the urgency ordinance be revised to reflect
a standard ordinance unless a real urgency exists.
After brief discussion, and upon general consensus (5 -0), this item was
requested to come back as a public hearing item.
C -5 EIR PROFESSIONAL SERVICES CONTRACT (File No. 410)
Council Considered approving EIR professional services for the preparation of
an environmental impact report for the Stoneridge II Annexation and
Subdivision Project proposed at a site located west of existing Stoneridge I
Tract off Broad Street; EIR not to exceed $35,000.00 . with full payment coming
from John King, applicant.
Moved by Ravva /Pinard (4 -0 -1, Councilmember Settle voting no) Resolution No.
6671 adopted (4 -1, Councilman Settle voting no) authorizing the City
Administrative Officer to execute contract with Environmental and Energy
Services Co. as recommended.
' C -6 FROOM RANCH PROPOSAL (File No. 441)
Council considered a county general plan amendment for the Froom Ranch to
rezone the property on Los Osos Valley Road and Highway 101 from agricultural
to commercial; Alex Madonna, subdivider.
Mayor Dunin authorized to sign letter to the Board of Supervisors reaffirming
the City's position to deny requested General Plan amendment (tentatively
scheduled for action before the Board of Supervisors in December) as
:-ecommended.
-7 FREEWAY BUSINESS DIRECTOR SIGNAGE (File No. 1424)
.owed by Ranna /Pinard (5 -0) Resolution No. 6672 adopted asking the League of
:_slifornia Cities to sponsor enabling legislation to allow City - sponsored
:,isiness sign programs along state highways as recommended.
-8 CONFLICT OF INTEREST (File No. 345)
:3ved by Rapua /Pinard (5 -0) Resolution No. 6673 adpopted updating the list of
pity employees and advisory body members reauired to.file Conflict of Interest
Statements and rescinding previous resolution in conflict as recommended.
C -9 TRANSIT JPA AGREEMENT (File No. 1151)
Council considered ratifying the annual San Luis Obispo Area Coordinating
Council's Joint Powers agreement as recommended.
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City Council Minutes
Tuesday, September 5, 1989 - 7:00 p.m.
Page 4
Resolution No. 6674 adopted (5 -0) approving the ratification of the SLO Area
Coordinating Council's Joint Powers agreement as recommended.
C -10 TRANSIT SUBSIDY AGREEMENT (File No. 556)
Moved by Rappa /Pinard (5 -0) Resolution No.6675 approving the San Luis Obispo
Transit Route Subsidy Agreement between Cal Poly and the City of San Luis
Obispo for fiscal year 1989 -90 and authorizing the Mayor to execute the
agreement as recommended.
C -11 HUMAN RELATIONS COMMISSION (File No. 1042)
Council considered giving final passage to Ordinance No. 1150 amending the
Human Relations Commission's enabling ordinance to be consistent with the
recently adopted Advisory Body Handbook (continued from 8/15/89).
Moved by Rappa /Pinard (4 -0 -1, Councilman Settle voting no) Ordinance No. 1152 -.
given final passage amending the Human Relations Commission's enabling
ordinance as recommended.
C -12 MISSION PLAZA (File No. 872)
Council considered a request to consider dedication of the Bear and Native
American Child Fountain in the Mission Plaza and appropriate accolade to
former Mayor Ken Schwartz for his contributions to Mission Plaza.
Request referred to the Park and Recreation Commission for review as
recommended.
C -13 LEAGUE VOTING DELEGATE (File No. 331)
Council considered designating voting delegate for the Annual League
Conference scheduled October 22 through October 25, 1989.
Councilman Reiss approved as delegate and Councilman Settle as alternate as
recommended (5 -0).
PUBLIC HEARINGS
1. PARKING USER FEES (File No. 554)
Council held a public hearing to consider establishing parking user fees for
Railroad Square property owners and businesses (continued from 8/15/89).
Pam Voaes, City Clerk, stated that upon request by staff, this item be
continued to date certain 9/19/89.
Moved by Settle /Rappa (5 -0) item continued to date certain as requested.
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Tuesday, September 5, 1989 - 7:00 p.m.
2. APPEAL - ARCHITECTURAL REVIEW COMMISSION (File No. 407)
Council held a public hearing to consider an appeal by Joseph C. Boone of an
Architectural Review Commission's action approving design for a new house on a
sensitive site at 1460 Andrews Street; Joseph C. Boone, owner and appellant.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that the Council deny the `appeal; upholding the
Architectural Review Commission's action, to grant final approval subject to
reducing the building height by one foot, with landscaping details to return
to staff.
Mayor Dunin declared the public hearing open.
Joseph Boone, appellant, spoke in support of his appeal.
Tor.- Aakestraw, architect representing the appellant, also supported the
appeal.
Mayor Dunin declared the public hearing closed.
Councilwoman Raooa suggested that this item be referred to the Architectural
Review Commission to again review the color of the driveway.
After discussion, moved by Settle /Reiss, Resolution No. 6676 (3 -2,
Councilmembers Pinard and Rappa voting no) was adopted upholding the
Architectural Review Commission's action to grant final approval subject to
reducing building height by one foot, with landscaping details to return to
staff as recommended.
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Council also encouraged the architect to work with staff for toning down the
colors of the structure.
8:25 p.m., Mayor Dunin declared a recess. 8:40 p.m., City Council reconvened,
all Councilmembers present.
3. WATER AND WASTEWATER MANAGEMENT ELEMENT (File No. 517)
Council held a public hearing to consider A) amending the Water and Wastewater
Element of the General Plan to change the effective point in time when new
water sources can be counted toward Safe Annual Yield and partially allocated
to development (GP 1456); and, B) introducing to print an ordinance amending
the water allocation regulations.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that Council approve a Negative Declaration of
Environmental Impact, and amend the Element and the Regulations so new sources.
would be counted only when they actually provided water to the City water
system.
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City Council Minutes
Tuesday, September 5, 1989 - 7:00 p.m.
Page 6
Bill Hetland, Utilities Director, provided clarification of the regulations.
Mayor Dunin declared the public hearing open.
Don Smith, Vista del Lago, San Luis Obispo, felt that the city had been
overdrafting its water for a long period of time and urged adoption of the
regulations.
Brent Cross, Mariner's Cove, asked for clarification as to how the amendment
would effect building permits next year.
Roy Hanff, urged the Council not to exceed the Safe Annual Yield.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Pinard /Reiss to amend the Water and Wastewater
Management Element with the requirement that supplemental water resources not,
be included toward the Safe Annual Yield. After additional discussion, motion
was withdrawn.
Moved by Pinard /Settle (5 -0) Resolution No. 6677 was adopted, amending the
Water and Wastewater Management Element with requirement that supplemental
water resources not be included toward the Safe Annual Yield unless it is
shown proven reliability.
Moved by Pinard /Reiss (5 -0) that staff be directed to report back by the
October 3, 1989, City Council Meeting on 1) reducing the Safe Annual Yield, S)
retrofitting, and 3) effect on exempt projects. Motion carried unanimously.
4. ENVIRONMENTAL MONITORING PROGRAM (File No. 719)
Council held a public hearing to consider the adoption of an environmental
mitigation monitoring program as a part of the City's California Environmental
Quality Act procedures pursuant to AB 3180 (1989).
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that Council adopt a resolution establishing
environmental monitoring policies and procedures as recommended in the staff
report.
Mayor Dunin declared the public hearing open.
Judy Newhauser; 314 Higuera St., spoke in support.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Ravva (4 -1, Mayor Dunin voting no) Resolution No. 6678 was
adopted establishing the environmental monitoring policies and procedures as
recommended.
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City Council Minutes
Tuesday, September 5, 1989 - 7:00 p.m.
5. PRIVATE GROUNDWATER WELLS (File No. 517)
Page 7
Council was given a presentation by Allen Short, Water Division Manager,
regarding groundwater wells and recent well permit activity within the City
and surrounding areas.
Staff recommended that Council accept the report as informational, and if they
desire further action, to look at the following three alternatives: 1)
continue to monitor the present well drilling situation; 2) report back to
Council on the approach and cost of a comprehensive underground water yield
study; and, 3) direct staff to investigate whether the City can legally ban
private well development in the City. If by the end of March, and legally
approved, reservoir levels are not to 678 of capacity, that staff would
consider preparing an emergency ordinance.
Jack McKean, realtor, spoke against the proposed action as he felt that it was
a type of inverse condemnation.
Vic Montgomery spoke to concerns of imposing additional standards without
first sufficient study of groundwater wells.
David Brody urged the Council to monitor all water use.
Roy Hanff, 565 Lawrence Frive, was concerned about the legal right of the City
to ban private well water use.
Paul Rice was concerned that he be able to continue to use agricultural wells
on his property.
After discussion, and upon Council consensus, Councilwoman Pinard was directed
to advise the County Water Advisory Committee to work with City staff
concerning well permit standards for City and County users. Also, upon
general consensus, staff directed to report back on various issues discussed
this evening, including; 1) requiring wells to be tested if permit applied for
is for domestic purposes; 2) developing a log book; and, 3) exploring legal
options related to imposing standards to private well water users.
6. TREE REGULATIONS (File No. 505)
Council considered adoption of an ordinance amending Chapter 12.24 of the
Municipal Code regarding tree regulations in order to address problems with
planting, maintaining and preserving trees in the city (continued from
8/15/89).
Dave Romero, Public Works Director, briefly reviewed the agenda report with
the recommendation that Council introduce the ordinance to print as
recommended in the staff report.
IMayor Dunin declared the public hearing open.
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City Council Minutes Page 8
Tuesday, September 5, 1989 - 7:00 p.m.
Wes Connor, 216 O'Conno r Dri ve di
sagreed with staff report that a certified
arborist be regiured to cut down a tree, which he felt was unnecessary.
Jack McKeen, realtor, agreed with Mr. O'Connor that a certified arborist was
not necessary.
Bob Boyer, representing P.G. & E., clarified that P.G. &.E. only trimmed trees
that were near high voltage lines, above 750 volts.
David Brody, San Luis Obispo, encouraged the Council to maintain incentives
for people to plant trees, as he would like to see more of an "urban forest"
effect.
Mayor Dunin closed the public portion of the meeting.
Considerable Council discussion was held, with suggested amendments to the
Tree Regulations. Upon general consensus, staff was directed to look at
increasing fines relative to taking down trees without permission;
removing Section 12.24.150, Subsection C., regarding replacement of city trees
at property owners expense; and adding a section regarding tree planting and a
section for protecting trees in new developments.
7. WATER STORAGE TANK AT GOLF COURSE (N -56L)
Council considered the approval of plans and specifications for "Water Storage '
Tank at Golf Course," City Plan No. N -56L; engineer's estimate $90,000.00.
Dave Romero, Public Works Director, briefly reviewed the agenda report with
the recommendation that Council adopt a resolution approving the plans and
specs and authorizing staff to advertise for bids, and authorize the City
Administrative Officer to award the contract if bids are within the engineer's
estimate.
Moved by Dunin /Reiss (4 -0 -1, Councilwoman Pinard voting no) Resolution No.
6679 was adopted to approve the project to construct the Water Tank at the
Golf Course, authorizing staff to advertise, and authorizing the CAO to award
the contract as recommended.
8. CREEK IMPROVEMENT PROJECT (J -14H)
Council considered approval of plans and specifications for "Creek Improvement
Project; Old Garden Creek - Center Street to 250' southerly," City Plan No. J-
14H;.engineer's estimate $39,000.00.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that a resolution be adopted approving plans and specifications
for creek improvement project, authorizing staff to advertised for bids, and
authorize City Administrative Officer to award contract as recommended.
Moved by Settle / Dunin (4 -1, Councilmember Pinard voting no), Resolution No.
City Council Minutes Page 9
Tuesday, September 5, 1989 - 7:00 p.m.
' 6680 was adopted approving plans and specs for creek improvement project,
staff authorized to advertise for bids, and CAO authorized to award a contract
as recommended. Staff directed to bring back Flood Control Policy Book of
1983 for Council review and include revision to pro Ade for vegetated gabions.
11:35 p.m., Mayor Dunin adjourned the meeting to Closed Session - Thursday,
September 7, 1989, at 3:00 p.m. n I I
APPROVED BY COUNCIL: 10/17/89
PV:nlo
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Pam Toges,
M I N U T E S
CLOSED SESSION MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 7, 1989 - 3:00 P.M.
COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CLOSED SESSION
Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss,
Allen K. Settle and Mayor Ron Dunin
None
Present: John Dunn, City Administrative Officer; Kay Jimno, Consultant;
and Bill Hanley
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3:00 p.m., Mayor Dunin adjourned the meeting to Closed Session, all
Councilmembers present, to interview City Attorney Candidated.
5:00 p.m., there being no further business to come before the City Council, Mayor
Dunin adjourned the meeting to Friday, September 8,�riTa9, at 8:00 a.m. for Closed
Session.
APPROVED BY COUNCIL:
PV:nlo
10/30/89
Voges, Ci
ROLL CALL
Councilmembers
Present:
Absent:
City Staff
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Pam Toges,
M I N U T E S
CLOSED SESSION MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 7, 1989 - 3:00 P.M.
COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CLOSED SESSION
Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss,
Allen K. Settle and Mayor Ron Dunin
None
Present: John Dunn, City Administrative Officer; Kay Jimno, Consultant;
and Bill Hanley
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3:00 p.m., Mayor Dunin adjourned the meeting to Closed Session, all
Councilmembers present, to interview City Attorney Candidated.
5:00 p.m., there being no further business to come before the City Council, Mayor
Dunin adjourned the meeting to Friday, September 8,�riTa9, at 8:00 a.m. for Closed
Session.
APPROVED BY COUNCIL:
PV:nlo
10/30/89
Voges, Ci