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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 1 497 5:00 p.m. Mayor Dunin adjourned the meeting. tooL L WWVED BY COUNCIL: 10/17/89 ]?V :. to 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 1 497 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. ---------------------------------------------------------------------------....- 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 J WC 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. 500 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. 1 I L C 1 CS.t_. Council Minutes Page 5 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. . 4 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. I 2 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. 1 1 1 1 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. 0 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 n L J 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 ----------------------------------------------------------------------------- 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 n L J 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 ----------------------------------------------------------------------------- 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