HomeMy WebLinkAbout09/18/1990351
City Council Minutes Page 2
Tuesday, September 18, 1990 - 7:00 p.m.
P.C.4. Gary Kunkel, 571 Cuesta Drive, stated that a recently formed
committee called Citizens for Sensible Priorities was starting a recall
against Councilwoman Pinard. Referred to City Clerk.
P.C.S. Marshall Ochvlski spoke in support of the Council's proactive
stance on many difficult issues facing the community.
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CONSENT AGENDA
Moved by RaDOa /Roalman (5 -0) the Consent Calendar was unanimously approved as
recommended by the City Administrative Officer with the exceptions
of C -3, C -6 and C -11 as noted.
C -1 COUNCIL MINUTES
The following minutes were approved (5 -0) as amended:
Tuesday, August 7, 1990 at 7:00 p.m.;
Tuesday, August 14, 1990 at 7:00 p.m.;
Tuesday, August 21, 1990 at 7:00 p.m.; and
Monday, August 27, 1990 at 7:00 p.m.
C -2 RECYCLED PRODUCT PROCUREMENT POLICY (File No. 482)
Council considered giving final passage to an ordinance establishing a
Recycled Product Procurement Policy that would encourage the City to purchase
recycled products (continued from 9/4/90).
Moved by Ramm /Roalman, (5 -)0 Ordinance No. 1178 given final passage
establishing a Recycled Product Procurement Policy as recommended.
C-3 LAGUNA LAKE MASTER PLAN CONSULTANT (File No. 884)
Council considered hiring a consultant to develop a master plan for Laguna
Lake Park.
Moved by Ranfla /Roalman, (4 -1, Mayor Dunin voting no) authorizing the selection
of Crawford Multari and Starr as the consultant for the Laguna Lake Master
Plan Study and authorized the Mayor to execute the contract (Ali- 90 -CCN) for
the completion of study and preliminary design phase in an amount not to
exceed $26,010 as recommended.
C -4 FINAL MAP APPROVAL - TRACT 1823 (File No. 410)
Council considered final map approval for Tract 1823, a 6 -unit residential
airspace condominium development located at 591 Highland Drive; Cleeves and
Gillespie, subdividers.
Moved by Raooa /Roalman, (5 -0) adopting Resolution No. 6868 approving the final
map for Tract 1823 as recommended.
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City Council Minutes Page 3
Tuesday, September 18, 1990 - 7:00 p.m.
C -5 CONSENT DECREE - REGIONAL WATER QUALITY CONTROL BOARD (File No. 517)
Council considered a consent decree betweeen the City of San Luis Obispo and
the State of California Regional Water Quality Control Board necessary for
Wastewater Treatment Plant improvements and achieving compliance with the
City's Wastewater Discharge Permit.
Moved by Rappa /Roalman, (5 -0) Resolution No. 6869 was adopted approving and
authorizing the Mayor to execute the Consent Decree between the City and State
as recommended.
C -6 WASTEWATER SLUDGE DISPOSAL/RECLAMATION PROJECT (File No. 90 -41)
Council considered awarding a contract for Wastewater Sludge
Disposal /Reclamation Project, Spec. No. 90 -41 (A110- 90 -CA); total estimated
cost $91,350; bids opened on 8/16/90.
This item continued at the request of staff to date uncertain.
C -7 PREFUMO CREEK SILT REMOVAL (CP No. P -498)
Council considered plans and specifications for "Material Removal Project,
Prefumo Creek at Los Osos Valley Road", City Plan No. P -49H, estimated to cost
$70,000 excluding contingencies. it
Moved by Kappa /Roalman, (5 -0) plans and specifications approved for "Material
Removal Project (A126- 90 -CA) staff authorized to solicit bids, and CAO
authorized to award contract if lowest bid is within the engineer's cost
estimate as recommended.
C -8 AREA AGENCY ON AGING (File No. 1012)
Council considered appointing a citizen -at -large to serve on the Area Agency
on Aging to fill an unexpired term ending on 6/30/92.
Moved by Rappa /Roalman, (5 -0) Joan Lawrence appointed to serve on the Area
Agency on Aging Committee to fill a term ending on 6/30/92 as recommended.
C -9 COUNCIL LIAISON TO THE BUSINESS IMPROVEMENT ASSOCIATION (File No. 475)
Council considered a request by BIA President Tom Donat that the Council
appoint a member to attend the BIA's monthly Board of Directors' meeting.
Moved by Rama /Roalman, (5 -0) Councilwoman Rappa appointed as Council
representative to the BIA Board with no set time limit to the term as
recommended.
C -10 AWARD OF CONTRACT - WASTEWATER DIGESTER (CP No. P -38S)
Council considered awarding a contract for "Wastewater Treatment Plant
Digester No. 2, Empty and Clean, Phase II," City Plan No. P -38S, (File 90 -01)
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City Council Minutes Page 4
Tuesday, September 18, 1990 - 7:00 p.m.
bids opened on 9/4/90; engineer's estimate $15,000.
Moved by Rapp /Roalman, (5 -0) to award contract (A29- 90 -CA) for Wastewater
Treatment Plant Digester No. 2, Phase II, to Bicsystems Management
International in the amount of $29,200 as recommended.
C -11 LAGUNA LAKE PARK IMPROVEMENTS (File No. 881)
Council considered awarding A contract for "Laguna Lake Park Improvements ",
City Plan No. N -59Y, (File 90 -02; Agreement A127- 90 -CC), and appropriating
$144,000 from the Parkland Development Fund (park -in -lieu fees) to cover
construction costs and contingencies.
Moved by Raova /Roalman. (5 -0) contract A127 -90 -CC awarded to Whitaker
Contractors, Inc. in the amount of $137,318 for improvements to Laguna
Lake Park; and appropriation of $144,000 from the Parkland Development Fund as
recommended.
Councilwoman Pinard requested that 1) staff be sure to provide a safe restroom
area for children, and 2) that the playground equipment be made very
attractive in color as well as style.
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APPOINTMENTS
A. COUNCIL COMPENSATION COMMITTEE (File No. 123)
Council considered the appointment of a five - member Council Compensation
Committe to review and make recommendations of amendments to the 1991 Council
Compensation Plan.
Councilwoman Pinard reviewed the report stating that the Council Subcommittee
(Pinard /Reiss) were recommending the following five people to serve: Barry
Welchel (Personnel Board Member representative), Keith Gurnee (former
Councilmember representative), and Judy Martindale, Nancy Poe and Pierre
Rademaker (Citizens at Large) to the Council Compensation Committee.
Moved by Reiss /Roalman (5 -0) to approve the composition of the committee as
recommended. Motion carried unanimously.
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COUNCIL LIAISON REPORTS
L.R.1. Councilwoman RaDAa reported on 1) the recently established
advisory body consisting of members from the School Board, City of Morro Bay
and the City of San Luis Obispo; 2) workshop being conducted October 13, 1990
by the Community Partners and Child Care; and 3) that the final agreements
(JPA -MOA) pursuant to State AB 939 mandate should be coming to the Council for
approval within the next few weeks regarding recycling.
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City Council Minutes Page 5
Tuesday, September 18, 1990 - 7:00 p.m.
PUBLIC HEARINGS
1. STREET ABANDONMENT - RASKIN AVENUE (File No. 535)
Council held a public hearing to consider the abandonment of Raskin Avenue,
between Santa Barbara Street and the Southern Pacific right -of -way, with the
reservation of an easement for public sanitary sewer purposes (continued from
8/21/90).
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council adopt the resolution abandoning.Haskin Avenue
subject to reservation of sanitary sewer easement as recommended.
Mayor Dunin declared the public hearing open.
Tim Carmel, representing Lyon 8 Picquet, Attorneys at Law, stated he was
available for any questions.
Emmons Blake, 634 Al -Hil Drive, questioned the status of Emily Street, a
neighboring street.
Mayor Dunin declared the public hearing closed.
Moved by Raova /Reiss (5 -0) Resolution No. 6870 adopted approving the
abandonment of Baskin Avenue as recommended.
2. PARKING REVENUE PLAN (PHASE I) (File No. 544)
Council held a public hearing to consider Phase I of the Parking Revenue Plan
to include proposals that would 1) raise expired meter fines, 2) establish a
40 cents per hour rate for 350 core meters and, 3) raise parking -in -lieu fees
to $6,000.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council a) introduce an ordinance to print amending the
Municipal Code to raise expired meter and overnight parking fines from $5.00
to $10.00 effective January 1, 1991, b) introduce an ordinance to print
amending the Municipal Code to increase 350 core meters from 30 cents to 40
cents per hour effective January 1, 1991 and c) adopt a resolution to increase
parking -in -lieu fees for new construction from $4,000 to $6,000 per space and
use change from $1,000 to $1,500 per space effective January 1, 1991.
Bill Statler, Finance Director, reviewed the fiscal impact relative to the
program stating that the Parking Program is facing a serious cash flow
deficiency, and part of the action plan from the previous study session,
included developing a financial program to correct the revenue shortfall.
This would include a two phase program, both current and future. The first
phase would correct the present program's negative cash flow through 1) 100%
of parking fines to the Parking Fund, 2) increase parking fines for expired
meters, 3) increase meter rates in the core area, 4) implement business City
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City Council Minutes
Tuesday, September 18, 1990 - 7:00 p.m.
license supplemental fee program and, 5)
would be implemented by June, 1991. The
future expansion of parking lots and str
would include an assessment district and
Page 6
increase Parking -in -Lieu fees. That
second phase would only apply to fund
sctures. Possible funding options
higher phase 1 rates.
Keith Ovalewski, Parking Program Coordinator, reviewed the agenda report,
further reviewing the Parking Program and recommendations by the Parking
Committee. He stated that at the time of the review, it received support from
both the Dowtown BIA as well as the Parking Committee. At this time, there
seemed to be some matter of further clarification from those groups.
Mayor Dunin declared the public hearing open.
Monte Lukov, BIA Administrator, stated that when the BIA Members were
originally polled in the spring, they had been supportive, however recent fee
increases and the state of the nation's economic picture had made them
reconsider their decision.
Mike Spangler also expressed concern regarding the economic changes to the
downtown. He feels the timing would not be right for raising the rates now.
He felt there are developers who are hesitant in coming into the downtown, and
this rate increase could be enough to discourage them even more.
Michael Gilligan 1023 Chorro Street, expressed concern about raising the
parking fines. He preferred a heavier enforcment of current parking
violations.
Maggie Cox, representing the Chamber of Commerce, stated that no final action
had been taken as the Chamber was waiting for Council review of the Downtown
Master Plan.
John French submitted a letter into the record expressing his concerns about
increasing the in -leiu fee 50 percent.
Gary Fowler, 777 Mill Street, was opposed to the increases and felt that the
City should more actively pursue its enforcement program.
Ron Bearce, 1075 Capistrano, urged against the increase, specifically the in-
lieu fees and felt that it was too heavy a burden at this time.
Charles Long also urged against the Phase 1 increases, he felt it would
discourage business in the downtown.
Michael Frucht, 785 Higuera, urged against the increases as he felt it would
be a detrimental impact to the downtown.
Mayor Dunin declared the public hearing closed.
41 Councilwoman Rappa suggested that there might be some refinements to the
Parking Management Program. She could support part of the recommendations
regarding the meter rates, with the help of the BIA and the Chamber of .
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City Council Minutes Page 7
Tuesday, September 18, 1990
Commerce to review and come back with ways of how it could be implemented.
She also felt the City needed to do a better job of managing the current
program and enforcement.
Councilman Roalman felt additional revenues were needed to support the program
and balance the budget. To delay it would only make the problem worse. He
urged that the BIA come up with some specific recommendations as how to
balance the shortfall.
Councilman Reiss was reluctant to jeopordize the long arranged Parking Program
and could not support taking money from the General Fund. He was concerned
about this coming before the Downtown Master Plan and could support deferring
this until 1991. He also urged better enforcement by the downtown merchants
to find ways of getting their employees to park out of the core area.
After discussion, moved by Roalman/Rauna (5 -0) to direct staff to work with
the BIA and the Chamber of Commerce to recommend refinements and bring the
Parking Fund into balance and report back within six months. Motion carried.
9:05 p.m., Mayor Dunin declared a recess; 9:25 p.m., City Council reconvened,
all Councilmembers present.
3. SIDEWALK, CURB & GUTTER IMPROVEMENTS - SANTA BARBARA STREET
(File No. 533)
Council held a public hearing to consider a requirement that a property owner IN
install curb, gutter and sidewalk on westerly side of Santa Barbara Street,
between Church and Morro Streets; A.E. and S.I. Weipert, owners (continued
from 8/7/90).
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council adopt .a resolution determining that public
interest, convenience and necessity require the construction of_curb, gutter
and sidewalk on this portion of the street.
Mayor Dunin declared the
Allen Weipert, owner of
requirements.
Sherry Weipert felt that
the traffic was too fast
Mayor Dunin declared the
public hearing open.
the subject lot, asked for clarification as to the
the intersection by their property was unsafe, that
and urged staff to review this.
public hearing closed.
After brief discussion, moved by Roalman /Rappa (5 -0) Resolution No. 6871 was
adopted to determine that the public interest, convenience and necessity
required the construction of curb, gutter and sidewalk on this portion of the
street as recommended. Motion carried.
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City Council Minutes Page 8
Tuesday, September 18, 1990 - 7:00 p.m.
4. TENTATIVE MAP - 2046 SWAZEY STREET (File No. 410)
Council held a public hearing to consider a tentative map for Minor
Subdivision 90 -203. adjusting lot lines on two residential lots with exception
to lot depth at 2046 Swaney Street; Alan Michaels, subdivider.
Arnold Jonas, Community Development Director, reviewed the agenda report with
recommendation that Council adopt the resolution approving the tentative map
and subdivision exception as recommended by the Subdivision Hearing Officer.
Mayor Dunin declared the public hearing open.
Charles Crotser, 979 Osos Street, representing the applicant, stated he was
available for questions.
Sherry Weivert, nearby property owner, was concerned about the drainage in the
area.
Mayor Dunin declared the public hearing closed.
After brief discussion moved by Pinard /Reiss (5 -0) Resolution No. 6872 adopted
approving the tentative map and the subdivision exception as recommended by
the Subdivision Hearing Officer.
S. APPEAL - EARTHLING BOOKSTORE (File No. 407)
Council continued its considation of an appeal by Rosi Lusardi of an
Architectural Review Commission decision to deny a painted mural on the
Earthling Bookstore located at 698 Higuera Street; Penny and Terry Davies,
owners (continued from 8/7/90 and 8/21/90).
Jeff Jorgensen, City Attorney, reviewed for the Council, that both items 5, on
the Earthling Bookstore appeal, as well as item 7, Edna -Islay Specific Plan
had been subject to previous public hearings, and the hearings had been
closed, and it was his recommendation that they not be reopened as they had
not been sufficiently advertised for that purpose. If the Council was
desirous of taking public testimony, then they would need to have the items
readvertised.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution to uphold the Architectural
Review Commission's action denying the appeal. He reminded the Council that
at its meeting of 8/21/90, the Council tied on a 2 -2 vote, with Councilman
Reiss absent, and so the item was continued for a full complement of the
Council.
Councilman Reiss stated for the record that he had reviewed all materials
pertaining to the record, including listening to the tapes of the previous
public hearing.
City Council Minutes Page 9
Tuesday, September 18, 1990 - 7:00 p.m.
Moved by Raooa /Reiss (3 -2, Councilmembers Pinard and Roalman voting no)
Resolution No. 6873 was adopted to uphold the Architectural Review
Commission's action denying the appeal as recommended.
6. CURB, GUTTER AND SIDEWALK IMPROVEMENTS - 1205 ELLA STREET (File No. 533)
Council heard a request by Martha Reed regarding property at 1205 Ella Street,
that it be exempted from curb, gutter and sidewalk installation under the
provision of the 1911 Act (continued form 3/20/90 and 8/21/90).
Dave Romero, Public Works Director, reviewed that at the March 20, 1990,
Council Meeting, a protest hearing was held regarding installation of curb,
gutter and sidewalk for 64 properties at various locations throughout the
community. As a result of the testimony, 22 properties were exempted. The 6
properties on the south side of Ella, between Osos and Binns Court, were
considered for installation, representing 338 of the frontage of this block.
The Council exempted one property, 1013 Ella, near Osos, but did not exempt
very difficult installations at 1205 and 1215 Ella. Ms Reed protested the
installation and staff concurred with her protest, however, it was not
exempted and Ms. Reed wished to have an opportunity to again address the
Council.
Martha Reed, P.O. Box
1054, San Luis
Obispo, again urged Council to exempt her
property based on the
high cost that
would be required, and also felt that the
need for this side of
the street had
not been proved.
i�
Bob Vesslev supported Ms. Reed's request and felt there was no increase in
pedestrian use that would require the finding that public necessity existed.
After brief discussion moved by Rapoa /Reiss (4 -11 Councilman Roalman voting
no) Council gave conceptual approval to exempt curb, gutter and sidewalk
improvements at 1205 and 1215 Ella Street, with the resolution to come back to
Council at the next available meeting. Notion carried.
7. EDNA -ISLAY SPECIFIC PLAN (File No. 410)
Council continued its discussion of A) approval of a tentative map for Tract.
1750, a subdivision to create 245 single - family lots, 88 medium - density
airspace condominiums, a neighborhood park and a small historical park, and B)
a planned development rezoning to allow exceptions to lot sizes, yards and
density. The proposals affect property on the east side of the railroad
tracks in the Edna -Islay Specific Plan area; Pacifica Corporation, applicant
(continued from 5/1/90, 6/6/90, 6/18/90, 7/3/90 and 8/21/90 ).
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council introduce the ordinance to print which would
1) amend the Zoning Map for the property from R -1 -SP and C /OS -40 -SP to R -1-
SP -PD, R- 2 -SP -PD and C /OS- 40 -SP -PD as recommended, and 2) to approve the
tentative map for Tract 1750 with findings and conditions as recommended in
the staff report.
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City Council Minutes Page 10
Tuesday, September 18, 1990 - 7:00 p.m.
Jeff Jorgensen, City Attorney, reviewed a memorandum he previously sent to the
Council on the issue of this item not being open for public hearing as the
Council had closed the hearing at the last meeting. If the Council was
desirous of accepting additional public testimony, he recommended that this
item be continued to a future meeting to allow it to be readvertised.
However, there was a timing constraint. If the Council continued the matter,
they would only have until the October 2, 1990 meeting to make a final
approval or it would be deemed automatically approved by October 6, 1990.
Councilman Roalman urged this item be readvertised as he felt that additional
public testimony might be beneficial. There were people in the audience that
had not previously spoken to this itme.
Mayor Dunin reviewed for the record that a letter had been received on the day
of the meeting from Richard Schmidt with concerns about the project, as well
as a petition signed by 100 plus persons expressing concerns about the project
EIR.
After discussion, moved by Raooa /Reiss (3 -2, Councilmembers Pinard and Roalman
voting no) Ordinance No. 1179 was introduced to print amending the Zoning Map
for the property as recommended.
Moved by Ranva /Reiss (3 -21 Councilmembers Pinard and Roalman voting no)
Resolution No. 6873 was adopted approving the tentative map for Tract 1750
with findings and conditions, with amendments to conditions 14, 49 and the
deletion of condition number 54 as discussed.
11:30 p.m., there being no further business to come before the City Council,
Mayor Dunin adjourned the meeting to Tuesday, Sep er 25, 17 7:00 p.m.
APPROVED BY COUNCIL: 11/7/90 /)
PV:nlo Pam Voges, di y Clerk
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 25, 1990 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None