HomeMy WebLinkAbout04/17/1990MINUTES
REGULAR CITY COUNCIL MEETING
' CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 17, 1990 - 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
1
1
ROLL CALL
Councilmembers
Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Pam Voges, City Clerk; Arnold Jonas, Community
Development Director; Ken Hampian, Assistant City
Administrative Officer; Mike Dolder, Fire Chief; Jim
Gardiner, Police Chief; Bill Statler, Finance Director;
Jim Stockton, Recreation Director; Bill Hetland, Utilities
Director; Allen Short, Water Division Manager; Dave Moran,
Associate Planner
CLOSED SESSION
6:30 p.m., Mayor Dunin adjourned the City Council to Closed Session to review
possible litigation concerning Evans vs. City, and Property Acquisition of
Bishop's Peak and the Dana Adobe.
7:00 p.m., City Council convened in regular session, all Councilmembers
present, Mayor Ron Dunin presiding.
------------------------------------------------------ --- --- ----------- - - - - --
PUBLIC COMMENT
P.C.I. Richie Ray walker urged removal of speed bumps on North Broad
Street.
P.C.2., Jim Ward asked that he be allowed to appeal the staff's
interpretation of how he could use his water allotment permit.
Upon genial consensus, this was referred to staff for report.
-----------------------------------------------------------------------------
CONSENT AGENDA
Moved by Reiss /Pinard (5 -0) the Consent Agenda was uanimously approved as
recommended by the City Administrative Officer.
187
;..
City Council Minutes Page 2
Tuesday, April 17, 1990 - 7:00 p.m.
C -1 COUNCIL MINUTES
The following minutes were approved as amended:
Wednesday, February 21, 1990 at 7:00 p.m.; Monday, February 26, 1990 at
7:00 p.m.; Thursday, March 8, 1990 at 8:00 a.m.; and Monday, March 19,
1990 at 8:00 a.m.
C -2 SURPLUS PROPERTY (File No. 165)
Council considered declaring surplus property and authorizing its sale at
public auction or direct sale to other public agencies.
Resolution No. 6793 adopted (5 -0) declaring property surplus and allowing sale
at public auction, sale to other public agencies, or another method of
disposal as determined by the Director of Finance as recommended.
C -3 FIRE EQUIPMENT SURPLUS- (File No. 165)
Council considered declaring Aerial Fire Truck -2 (1956 Seagraves) and related
equipment as surplus property and authorizing its sale.
Resolution No. 6794 adopted (5 -0) declaring property surplus and CAO
authorized to proceed with the sale of Aerial Truck -2 to Amigos /USA along with
related pieces of equipment as recommended.
C -4 FIRE ENGINE PURCHASE (F90 -1; A27- 90 -CCN)
Council considered a) approving specifications for a 1500 GPM four -door,
custom cab forward, triple combination fire engine estimated to cost less than
$230,000, and b) establishing a purchase and replacement schedule for fire
engines with a projected operating life of 20 years.
Specifications approved (5 -0) for a) fire engine, staff authorized to
advertise for bids and CAO authorized to award contract (A27- 90 -CCN); and b)
purchase and replacement schedule for fire engines approved as recommended.
C -5 ENS CONTRACT CANCELLATION (File No. 1151)
Council considered cancelling the Emergency Medical Services contract between
the City and County of San Luis Obispo to provide ambulance services to allow
for the development of a new contract.
Resolution No. 6795 adopted (5 -0) cancelling the EMS contract with the County
effective May 5, 1990, as recommended.
C -6 LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (File No. 710) ,
Council considered amendment to the 1987 Joint Powers Agreement between the
City of SLO and the City of Santa Barbara regarding the California Law City
. 0,
Council Minutes Page 3
Tuesday, April 17, 1990 - 7:00 p.m.
Enforcement Telecommunications System /Message Switching System
(C.L.E.T.S. /M.S.S.).
Resolution No. 6796 adopted (5 -0) approving amendments and Mayor authorized to
execute the agreement as recommended.
C -7 SINSHEINER PARR PRIORITIES (File No. 811)
Council considered priorities for use of facilities at Sinsheimer Park; San
Luis Obispo Baseball Stadium, SLO Swim Center, Sinsheimer Park Softball Field,
and Sinsheimer Park Tennis Courts to remain effective through March 1, 1991.
Moved by Reiss /Pinard (5 -0) priorities approved (5 -0) for use of facilities
and staff directed to forward to the SLCUSD Board of Trustees for concurrence
as recommended.
C -8 SALES TAX INCREASE SURVEY (File No. 293)
Council considered a request by the San Luis Obispo Area Coordinating Council
for $3,000 for an expanded public opinion survey of attitudes towards a sales
tax increase for transportation and open space.
Moved by Reiss /Pinard (5 -0) CAO authorized to disburse $3,000 to the Area
Coordinating Council to augment the budget for survey of transportation, parks
and open space as recommended.
C -9 LA FIESTA FUNDING (File No. 833)
Council considered an agreement with La Fiesta to provide $25,000 in funding
to La Fiesta for the purpose of hiring an administrator to organize the 1990
celebration (continued from 1/16/90).
Moved by Reiss /Pinard (5 -0) CAO authorized to execute an agreement with La
Fiesta (A09- 90 -CC) for $25,000 once non -profit status is obtained as
recommended.
C -10 1990 -91 BUDGET PROCESS (File No. 123)
Council considered the budget calendar and review.process for Fiscal Year
1990 -91.
Process and calendar approved (5 -0) as recommended.
ADVISORY BODY APPOINTMENT
A -1 HUMAN RELATIONS COMMISSION (File No. 123)
Council considered an
appointment to
the Human Relations Commission to fill an
'
unexpired term ending
3/31/92 due to
resignation of Eileen Wheeler Cavalier.
IF s
City Council Minutes Page 4
Tuesday, April 17, 1990 - 7:00 P.M. I
After brief discussion, moved by Pinard /ROalman (5 -0) to appoint Carole Hansen
to the Human Relations Commission for an unexpired term ending 3/31/92 as
recommended. Notion carried unanimously.
------------------------------------------------------ ---------- ------- --- ---
BUSINESS ITEM
1. MANDATORY WATER CONSERVATION PROGRAM 6 METHODOLOGY (File No. 517)
Council considered a report by staff on projected water action levels for the
remainder of the year and a revised water conservation program based on
percentage reductions (continued from 2/26/90, 3/6/90 and 3/20/90).
Allen Short, Water Division Manager, reviewed the agenda report with the
recommendation that Council receive the Reservoir Status and Proposed 1990
Water Conservation Program Reports and direct staff to make changes in the
Mandatory water Conservation Program, which would include seven specific
areas:
1) Develop a 358 Mandatory Water Conservation Program for implementation by
June 1, 1990,
2) Reduce the residential life -line to 16 units, and the ceiling to 30
units water per billing cycle,
3) Eliminate the seasonal adjustment,
4) Establish an alternative residential allocation method based on the City
average of 16 units plus 2.0 units for each person over 3 in a household,
5) Increase commercial conservation to 208 overall, with a variation in
ranges for different categories,
6) Establish an alternative commercial allocation method based on unit
water use amounts,
7) Review the 1990 Water Conservation Program and the Phase III Groundwater
Program and provide direction as necessary.
Bill Hetland, Utilities Director, reviewed the reservoir status, giving a
short slide presentation.
Mayor Dunin asked for public comment.
Amy Arsenio suggested better signage in the public restrooms, and urged that
residential users be given the same break as the business users.
Rower Volk urged Council to look at ways to bring in water from any possible
outside sources.
Jim Carlyle urged a credit be given those water users who provide a special
effort in conserving water.
Richie Ray Walker suggested a building moratorium. ,
Gary Kunkel, founder of the Water Action Committee, stated that he would like
to see the City identify other means of alternative water sources. He was
191
City Council Minutes Page 5
Tuesday, April 17, 1990 - 7:00 p.m.
' concerned with the loss of landscaping, insufficient signage, and that rate
increases were likely to occur as a result of the Water Conservation Program.
Ron Lundt, owner of apartment houses on Woodside Drive, felt that there were
some inequities of the smaller businesses such as apartment buildings, and
urged Council direct staff to look at ways to lessen this inequity.
Tim Blair, Mustang village Manager, agreed that besides addressing the
inequities, that the City needed to look at ways of finding more water.
Brian Wool, Cabrillo Care Center, urged special consideration be given to care
centers.
Brett Cross, Mariner's Cove, felt there needed to be better management of the
City's resources, and not let water management go the way the air quality and
circulation has gone.
Mr. Schroeder, 1772 Canejo, suggested at looking at other solutions for
available water.
Dave Garth, Executive Director of SLO Chamber of Commerce, supported the
staff's recommendation and thanked the Council for considering some of the
recommendations made by the Chamber of Commerce.
Ms. Tours, Manager of Madonna Apartments, also urged better equity with
apartment owners.
Nick Burger, also concerned with equality for apartment buildings.
Roy Banff spoke in support of the Water Conservation Program.
8:55 p.m., Mayor Dunin declared a recess; 9:10 p.m., City Council reconvened,
all Councilmembers present. .
Councilman Reiss expressed concern that retrofit inspections should be given a
higher priority.
Councilwoman Ravpa stated she could support 1) 25 lifeline units as opposed
to 30 units; 2) that retrofitting credit be given to residential users as well
as commercial users; and 3) supported the toilet retrofit program. She would
like to see the City's ordinance enforced, and would support deferral of
landscaping and retrofitting upon sale of house. The City should target the
student population for Water Conservation Education Programs and supported
alternatives outlined in the staff report.
Councilman Reiss agreed with Councilmember Rappa's comments, including the
lower lifeline of 25 units.
Councilman Roalman asked for explanation of how the apartments' water
conservation was figured. He would like staff look at a possible sliding
scale and provide for a billing period with a 2 -month overlap. He could City
192
Council Minutes Page 6
Tuesday, April 17, 1990 - 7:00 p.m. 1
support reducing the residential lifeline to 16 units, with a ceiling to 28
units per billing cycle.
Councilwoman Pinard stated she supported the per capita method and would not
support giving any savings allotment for new development. She also supported
the awareness program.
Mayor Dunin would be interested in a sliding scale, and allow a credit to
those who have proved their water saving efforts. He would encourage drilling
wells in backyards only.
After discussion, moved by Ravna /Reiss (5 -0) to direct staff to a) develop a
Mandatory Water Conservation Program for implementation by June 1, 1990,
reflecting a 35 water reduction for single families, and 28 percent for multi-
family users, b) reduce the Water Conservation Program residential lifeline to
16 units and the ceiling to 25 units of water per billing cycle, and c)
eliminate the seasonal adjustment. Notion carried unanimously.
Moved by Ravna /Reiss (4 -1, Councilwoman Pinard voting no) to establish an
alternative residential allocation method based on the City average of 16
units plus 2.0 units for each person over 3 in the household. Notion carried.
Moved by Rawoa /Roalman (5 -0) to increase commercial conservation to 208
overall with a variation in ranges for different categories (to return to
council for final approval and implementation by June 1, 1990). Notion
carried.
Moved by Ravna /Reiss (5 -0) that staff be directed to report back with a credit
retrofit program applicable to both residential and commercial users; a toilet
rebate program available to both residential and commercial users. Staff to
proceed with the pilot program using a select /a /flush. Council supported the
increased City awareness and educational materials on water conservation.
Motion carried.
Moved by Rama /Reiss (5 -0) to establish under the Mandatory Water Conservation
Program for commercial users, an allocation method for different categories.
Notion carried unanimously.
Moved by Roalman / Dunin (2 -3, Councilmembers Pinard, Rappa and Reiss voting no)
to direct staff to report back with a sliding scale for penalties; and provide
adjustments over a two month billing cycle and require all landscaping be
deferred with credit to those who save water. Notion failed.
Moved by Dunin / Roalman (4 -1, Councilman Reiss voting no) that staff be
directed to develop a credit for water savers. Motion carried.
Moved by Dunin / Roalman (5 -0) that Council declare that water supply is the
City's number one priority, superceding all other issues during the drought I
period. Notion carried unanimously.
193
City Council Minutes Page 7
Tuesday, April 17, 1990 - 7:00 p.m.
Moved by Pinard /Roalman (1 -4, Council - embers Rappa, Reiss, Roalman and Mayor
Dunin voting no) to delete the portion of the retrofit program that allows
credit earned by retrofitting.
-----------------------------------------------------------------------------
PUBLIC HEARINGS
2. APPEAL.- ARCHITECTURAL REVIEW COMMISSION (File No. 407)
Council held a public hearing to consider an appeal by Marshall Ochylski of an
Architectural Review Commission action denying a request to delete "divided
light" windows from the second story of a new commercial building at
81 Higuera Street (Pacific Coast Center); Interweat Investment Group,
applicant (continued from 3/20/90).
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution which would deny the appeal
and uphold the decision of the Architectural Review Commission approving store
front window systems for ground floor tenant spaces and requiring "divided
light" windows to be installed on the second story of 81 Higuera Street.
Mayor Dunin declared the public hearing open.
I Marshal Ochvlski spoke in support of his appeal.
Jeff Baaai, project architect, also spoke in support.
Mayor Dunin declared the public hearing closed.
Moved by Pinard /Ravva (3 -2, Councilmembers Reiss and Roalman voting no) to
adopt Resolution No. 6797 approving an appeal of the Architectural Review
Commission's action thereby allowing a revision to the approved window design
for a new commercial building at 81 Higuera Steet (The Pacific Coast Center).
3. APPEAL - PLANNING COMMISSION - APPLE FARM (File No. 407)
Council held a public hearing to consider appeals by Bonnie Garritano, et al,
and Robert Binkele (two separate appeals) of Planning Commission approval of a
use permit allowing a twenty percent mixed use parking reduction at 2015 and
2121 Monterey Street (Apple Farm); Bob Davis, applicant.
Moved by Roalman /Reiss (5 -0) that this item be continued to date certain,
Tuesday, May 1, 1990 at the request of the applicant and the appellants.
Notion carried.
4: APPEAL - PLANNING COMMISSION - BUSHNELL STREET (file No. 407)
Council held a public hearing to consider an appeal by the applicants of a
' Planning Commission action to deny setback reductions for a detached garage
and storage building to be built behind an existing house at 2374 Bushnell
Street; John and Jeannie Spencer, applicants.
194
City Council Minutes Page 8
Tuesday, April 17, 1990 - 7:00 p.m. '
Moved by Roalman /Reiss (5 -0) that this item be continued to date certain,
Tuesday, May 1, 1990 at the request of the applicant.
S. APPEAL - PLANNING COMMISSION - VINEYARD CHRISTIAN FELLOWSHIP
(File No. 407)
Council held a public hearing to consider an appeal by the applicant of a
Planning Commission action to conditionally approve a request to allow a
church and accessory private elementary school, and to allow reduced parking
based on mixed use, and off -site parking; to be located in an existing service
commercial complex at 271 -277 South Street; Christian vineyard Fellowship,
applicant.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution in the Council packet to
deny the appeal and approve the use permit A- 163 -89 subject to findings and
conditions adopted by the Planning Commission, with modification to Condition
No. 2 to allow maximum weekday assembly of 172 persons based upon 43 parking
spaces and 4 occupants per vehicle.
Mayor Dunin declared the public hearing open.
Kenny Morgan, representing the applicant, spoke in support.
Vince Maloney, representing the church, also spoke in support. '
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Dunin /Reiss (3 -2, Councilmembers Pinard and
Roalman voting no) Resolution No. 6798 to uphold the appeal and approve the
application subject to findings and conditions as adopted by the Planning
Commission, with modification to condition No. 2 to allow assembly of a
maximum of 172 persons on weekdays based upon 43 parking spaces being
available.
CONDOMINIUM CONVERSION (File No. 434)
Council held a public hearing to consider a request by Southwood Village
Homeowners Association to convert 9 condominium duplexes into 18 individual
condominium units at a residential complex located at 1330 Southwood Drive.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution in the Council's packet
to approve the condominium conversion CON -90 -01 authorizing conversion of 9
condominium duplexes into 18 individual units as recommended by staff.
Mayor Dunin declared the public hearing open.
Rob Strong spoke in support of the request on behalf of the applicant. 1
Roy Girsten, Pismo Beach, spoke in opposition to the conversion request.
M
City Council Minutes Page 9
1 Tuesday, April 17, 1990 - 7:00 p.m.
Rob Strong then responded to questions that were raised.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by RaoDa /Roalman (5 -0) Resolution No. 6799 was
adopted approving the condonimium coversion application with amendments to
Condition No. 1, regarding fire flow deficiency; Condition No. 3 re: fenced
yards; and additional Condition No. 7 to require bathroom retrofit, to low -
flow standards.
7. TOURISM WATER AWARENESS PROGRAM (File No. 1055)
Council held a public hearing to.consider a proposal from the Promotional
Coordinating Committee to jointly sponsor a tourism water awareness program
with the Chamber of Commerce at a cost of approximately $9,000.
After brief discussion, moved by Roalman / Dunin (5 -0) Council approved $3,000.
from the Utility Department Conservation Budget to sponsor a tourism water
awareness program as recommended.
8. MARGARITA SPECIFIC PLAN "GUIDANCE PACKAGE" (File No. 441)
Council held a public hearing to consider an outline of staff and consultant
' tasks and a schedule for preparing a draft specific plan for the Margarita
expansion area, east of Margarita Avenue (SP 1404 /GP /R 1403) (continued from
1/31/89 and 12/5/89).
Moved by Roalman /Reiss (5 -0) to continue this item upon request by staff to
date certain May 15, 1990.
----------------------------------------------------- ------------------ - - - - --
Comm. 1 Council agreed (5 -0) to reschedule the Regular June 5, 1990
Council Meeting to Wednesday, June 6, 1990, due to the State Primary Election,
and as requested by Councilman Reiss.
There being no further business to come before the City Council, Mayor Dunia
adjourned the meeting at 11:45 p.m., to Monday, April 23 1990 at 8:30 a.m.
for Closed Session regarding appointed officials review prgces .
APPROVED BY COUNCIL: 6/6/90 l I
PV:nlo Om voges, y Clerk
---------------------------------------------- ---------- ---- --- -------- ------
I N U T E S
CLOSED SESSIO F THE CITY COUNTIL
CITY OF SAN-LUIS _OBISPO
MONDAY, APRIL 23, 1990 8 :30 A.M.
COUNCIL HEARING ROOM - CITY EALLL- -990 PALM STREET
SAN LUIS OBISPO, CALIFO \
1
196
City Council Minutes Page 9
Tuesday, April 17, 1990 - 7:00 p.m. '
Rob trcucr then responded to questions that were raised.
declared the public hearing closed.
After brie discussion, moved by Raova /Roalman (5 -0) Resolution No. 6799 was
adopted app wing the condonimium coversion application with amendments to
Condition No. regarding fire flow deficiency; Condition No. 3 re: fenced
yards; and adds 'onal Condition No. 7 to require bathroom retrofit, to low -
flow standards.
7. TOURISM WATER AWARENESS PROGRAM (File No. 1055)
Council held a public h ring to consider a proposal from the Promotional
Coordinating Committee to •oiatly sponsor a tourism water awareness program
with the Chamber of Commerce at a cost of approximately $3,000.
After brief discussion, moved by Roalman /Dunin (5 -0) Council approved $3,000.
from the Utility Department Conservation Budget to sponsor a tourism water
awareness program as recommended
S. . MARGARITA SPECIFIC PLAN "GUIDANCE PACKAGE" (File No. 441)
Council held a public hearing to conside an outline of staff and consultant
tasks and a schedule for preparing a draft specific plan for the Margarita ,
expansion area, east of Margarita Avenue (SP \404 /GP /R 1403) (continued from
1/31/89 and 12/5/89).
Moved by Roalman /Reiss (5 -0) to continue this it upon request by staff to
date certain Ma 15, 1990.
--- -- - -- ---
-------- - - - - -- y---- ------ -------------- ----- -- ----------- - - - ---
Comm. 1 Council agreed (5 -0) to reschedule the Regular June 5, 1990
Council Meeting to Wednesday, June 6, 1990, due to the State Primary Election,
and as requested by Councilman Reiss.
There being no further business to come before the.City Council Mayor Dunin
adjourned the meeting at 11:45 p.m., to Monday, April 23, 1990 a 8.30 a.m.
for Closed Session regarding appointed officials review process.
APPROVED BY COUNCIL: 6/6/90
PVsulo Pam Voges, City C or
k
----------------------------------------------------------------------°-----
M I N U T E S
CLOSED SESSION OF THE CITY COUNTIL
CITY OF SAN LUIS OBISPO
MONDAY, APRIL 23, 1990 - 8:30 A.M.
COUNCIL HEARING ROOM - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA