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HomeMy WebLinkAbout08/04/1981M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 4, 1981 - 7:00 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Invocation by Rabbi Harry Manhoff, Beth David Congregation ' Roll Call Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Allen Settle and Mayor Melanie C. Billig Absent: Alan Bond City Staff Present: Bill Hanley, Interim City Administrative Officer, Pamela Voges, City Clerk, Henry Engen, Community Development Director; Wayne Peterson, City Engineer; Geoff Grote, Legal Assistanct; Jim Stockton, Director of Parks; David Romero, Public Services Director; Roger Neuman, Polic Chief C -1 Claims Against the City Council considered claims against the City for the month of August, 1981. On motion of Councilman Settle, seconded by Councilwoman Dovey, claims be approved and ordered paid subject to approval of the CAO. Motion carried, all ayes. C -2 Council Minutes Council considered the following minutes: June 9, 1981 - 7 :00 p.m. June 12, 1981 - 12:10 p..m. June 15, 1981 - 12:10 p.m. June 20, 1981 - 11:00 p.m. June 29, 1981 - 11:00 p.m. July 2, 1981 - 12:10 P.M. July 14, 1981 - 7:00 P.M. July 21, 1981 - 7:00 P.M. July 23, 1981 - 3:15 p.m. July 27, 1981 - 12:10 p.m. On motion of Councilman Settle, seconded by Councilwoman Dovey, the minutes were approved as amended. Motion carried, all ayes. C -3 Contract Pay Estimates Consideration of contract pay estimates and change orders. On motion of Councilman Settle, seconded by Councilwoman Dovey, contract pay estimates and change orders were approved and ordered paid. Motion carried, all ayes. C -4 Amendments to Resolution No. 3567 - City's Position on Acquisition Of Salinas Project Council considered a resolution amending Resolution No. 3567 regarding the City's position on acquisition of the Salinas Project. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: City Council Meeting August 4, 1981 - 7:00 p.m. Page Two Resolution No. 4567 (1981 series): a resolution of the Council of the City of San Luis Obispo stating the position of the City in regard to its continuing desire to acquire the Salinas Dam and related facitilites. Motion adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Bond C -5 Plans and Specifications for Water Line Improvements Council considered plans and specifications for "Santa Maria -Santa Ynez Waterline Improvements," City Plan No. E -51, bid estimate $47,232 without contingencies. On motion of Councilman Settle, seconded by Councilwoman Dovey, to approve the plans and specifications and authorize staff to call for bids. Motion carried, all ayes. C -6 General Plan Conformity Report - Mission Plaza Project Council considered Planning Commission's determination that land between Broad and Nipomo Streets, for the extension of Mission Plaza and building facilities, conforms to the General Plan. On motion of Councilman Settle, seconded by Councilwoman Dovey, to approve the Planning Commission recommendation that land acquistion for the Mission Plaza project is consistent with the General Plan. Motion carried, all ayes. C -7 Final Acceptance of Tract 827, Woodglen Park Consideration of a Resolution granting final acceptance of public improvements in Tract No. 827, located at 2800 Johnson Avenue; R. Burke, subdivider. On motion of Councilman Settle, seconded by Mayor Billig, the following resolution was introdued: Resolution No. 4568 (1981 series): a resolution of the Council of the City of San Luis Obispo accepting the public improvements in Tract 827, Woodglen Park, with the additional requirement of a 2 to 1 replacement of fast growing trees with the selection of the trees left to the review of the Community Development Director. Passes and adopted on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Bond C -8 Agreement with Emlyn Jones for Landlord /Tenant Inspection Services Consideration of a resolution renewing an agreement with Emlyn Jones for Landlord/ Tenant Inspection Services from July 1, 1981 through June 30, 1982. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following reso- lution was introdued: Resolution No. 4569 (1981 series): a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Emlyn G. Jones for personal services provided from July 1, 1981 through June 30, 1982 to provide Landlord /Tenant Inspection Service. Passed and adopted on the following roll call vote: City Council Meeting August.4, 1981 - 7:00 P.M. Page Three AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Bond C -9 Wastewater Treatment Plan - Digester No. 3 - Empty and Clean City Clerk's report of bids received for "Wasterwater Treatment Plan - Digestor No. 3, Empty and Clean," City Plan No. D -51A, bid estimate $15,000 without contingencies. Bids opened on July 24th, 1981. On motion of Councilman Dunin, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4570 (1981 series): a resolution awarding contract to United Liquid Waste, Inc. in the amount of $11,250. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond C -10 Travel Credit Cards Consideration of a resolution authorizing .travel credit cards for the Mayor and members of the City Council. On motion by Councilman Dunin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4571 (1981 series): a resolution of the Council of the City of San Luis Obispo authorizing the Finace Director to obtain City charge cards. Additionally, to prepare a policy statement on allowed uses of the credit cards. Passes and adopted on the following roll call vote: AYES: Councilmembers Dunin, Dovey and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Bond Item E -1 Application for Grant Funds Under the Roberti- Z'Berg Urban Open - Space and Recreation Program Council to consider a resolution approving the application for grant funds under the Roberti- Z'Berg Urban Open -Space and Recreation Program for completing the Swim Center at Sinsheimer Park and including a solar water heating system for the acquatic facilities. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced. Resolution No. 4574 (1981 series): a resolution of the Council of the City of San.Luis Obispo approving the application for grant funds under the Roberti -Z' Berg Urban Open -Space and Recreation Program for completing the Swim Center at Sinsheimer Park and including a solar water heating system for the acquatic facilities. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond City Council Meeting August 4, 1981 - 7:00 P.M. Page Four 1. Tenative Map For Minor Subdivision 81 -106 Public hearing to consider a Planning Commission recommendation to approve the tentative map for Minor Subdivision No. 81 -106 to create four lots from one .lot located at 1150 Laurel Lane, M and PO -S zones; Scott Mullis (Vetter Corporation), subdivider. Henry Engen, Community Development Director, stated that the Planning Commission on a unanimous vote, recommended that the Council adopt the resolution granting approval of the tentative parcel map with a negative declaration on the environ- mental impact and subject to the five findings and six conditions listed in the resolution. Mayor Billig declared the public hearing open. Scott Mullis, 1452 Federicks, and Vice President of Vetter Corporation, stated that he was in agreement with staff recommendations with the exception of two items: 1) access to Laurel Lane - he would like to see more access available; 2) with regard to condition 3, he would like to see another word used other than dedication. Mike Maino, 1420 Mill Street and Vice President of Maino Construction Company, supported Mr. Mullis and urged the Council to reword condition number 3 as requested by the applicant. May Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4572 (1981 series): a resolution of the Council of the City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 81 -106 subject to the five findings and six conditions listed with amendments to conditions 1, 2 & 3 as follows: 1. Final map shall show parcels land 4 and parcels 2 and 3 served by common driveways easement. Subdivider shall prepare for city recordation common driveways agreements for parcels.:l and 4 and parcels.'2 and 3 to the approval of the Community Development Department staff. 2. Subdivider shall pave the common driveway to city standards servin parcels 1 and 4 to the approval of the Community Development and Public Services Departments prior to final map approval. 3. Final map shall note than vehicular access rights to Laurel Lane for parcel 1 and for _all of parcel 2, except for the common access drive shall be offered for dedication to the City. The determination of whether to permit additional access to Laurel Lane for parcel 3 shall be made as part of the review of a specific project proposal.on parcel 3. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Bond 2. Revised Tenative Map For Tract No. 807 Public hearing to consider request to revise the boundary of the tenative map for Tract No. 807 creating a 15 -unit residential air -space condominium located at 1260 Ella Street, R -2 zone; Merilee Peck, subdivider. A. Consideration to rescind final approval of tentative map for No. 78 -131 B. Consideration to modify conditions.,of approval of tentative map for Tract 807. 1 1 City Council Meeting August 4, 1981 - 7:00 P.M. Page Five Henry Engen, Community Development Director, stated there were three actions that had taken place on this property: In September of 1980, the Council abandoned portions of Iris and George Streets and approved the final map for Minor Subdivision 78 -131, but neither had been recorded. On October 6, 1979, the Council approved the tentative map for Tract 807. This map is pending Council approval. The subdivider, Marilee Peck, was asking the Council to approve revisions to the tentative map boundary for Tract No. 807 prior to final map approval and was to include the previous minor subdivision into the revised tentative tract map and rescind previous final approval of minor sub 78 -131. He continued that staff did not have a problem with rescinding the previous action on the minor subdivision. All those conditions had been incorporated into the draft resolution before the Council this evening for the revised tentative map for Tract 807. While the final abandonment of Iris and George Streets had been granted by the Council, the document had not been recorded and staff would not record it until a final map was approved by the Council for Tract 807. Mayor Billig declared the public hearing open. Vic Montgomery, 555 Chorro Street, spoke on behalf of the applicant, Marilee Peck, but would like to see condition 17 amended to read: "no occupancy permits be issued until all on on -site driveways, nonstructural improvments as approved by the Architectural Review Commission, and utilities shall be installed as subdivision improvements." Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4573 (1981 series): a resolution of the Council of the City of San Luis Obispo rescinding prior approval of the unrecorded final map (minor sub 78 -131) granting approval of revised tentative tract no. 807 located at 1260 Ella Street, with condition number 17 amended as requested by the applicant. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Bond 3. Revised Tentative Map For Minor Subdivision 80 -174 Public hearing to consider request to revise the boundary of the tentative map for Minor Subdivision No. 80 -174 to combine 15 lots into 2 lots and reflect abandoned street located at 2238, 2246, and 2252 Broad Street, C -N zone, Mid -State Bank, Subdivider. A. Consideration of previous Council action giving notices of intention of to abandon Emily Street. B. Consideration to modify conditions of approval of tenative map for minor subdivision No. 80 -174. Henry Engen, Community Development Director, explained that the Council had on July 3, 1979, passed a resolution of intention to abandon a portion of the Emily Strret right -of -way with the requirement that the parcel map be approved and recorded showing readjusted lot lines and easement. He stated that final abandonment was continued until a final parcel map was approved. On March 17, 1981, the Council approved a tentative parcel map to combine 16 lots into 3 lots and reflect the abandoned Emily Street right -of -way. One of the property owners, Southern Pacific Transportation Company, did not wish to be a part of this street abandonment or parcel map process. The other property owner Mid - State Bank, was asking the Council for revisions to the approved tentative map City Council Meeting August 4, 1981 - 7:00 P.M. Page Six to exclude the Southern Pacific Transporation Company property. He stated that the revisions were as follows: 1. Take action to abandon the portion of Emily Street right -of -way without the requirement of a parcel map. 2. Amend approved tentative parcel map by eliminating the proposed parcel C and to relocate the propsoed Alphonso Street cul -de -sac closer to Broad Street. Staff was recommending that the Council amend the amend the action taken on July 3rd, 1979, to not require a parcel map.as a condition of abandoning a portion of Emily Street right -of- wat.and to adopt a resolution approving the revised tentative parcel map for Minor Subdivision No. 80 -174. He stated that the conditions in the draft resolution were identical to previous approval, except that condition five was revised and condition seven was being eliminated. Mayor Billig declared the public hearing closed. Vic Montgomery, representing the applicant, Carol Pruitt (Mid -State Bank),. urged the Council to support these revisions for the tentative map for Minor Subdivision 80 -174. Carol Pruitt, 1026 Grand Avenue, Arroyo Grande, also spoke in suppor of.these requested revisions. Mayor.Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, to amend the 1 action taken on July 3, 1979, to not .require a parcel map as a condition of abandoning a portion of the Emily Street right -of -way and adopt the resolution approving the revised parcel map for Minor Subdivision 80 -174 as submitted with modification to condition number six. Motion failed on the following roll call vote: AYES: Councilmembers Settle and Dovey NOES: Counilman Dunin and Mayor Billig ABSENT: Councilman Bond On motion of Councilman Dunin, seconded by Mayor Billig, to adopt the resolution approving the tentative map for Minor Subdivision 80 -174 with the provision that the street trees are not to be planted on the south street, and drive -up window to be omitted. Aftrer brief discussion, Councilman Dunin withdrew his motion. On motion of Councilman Dunin, seconded by Mayor Billig, to continue.this item for additional'.clarification from staff on legal ramifications. Motion carried on the following roll call.vote: AYES: Councilman Dunin, Mayor Billig, and Councilwoman Dovey NOES: Councilman Settle ABSENT: Councilman Bond 4. Appeal Of Planning Commission.- V0957 - Linderthaler Public hearing to consider an appeal by Jonathan Linderthaler on behalf of Avis A. Brown, onwer, appealing a decision by the Planning Commission to deny his request to reduce required parking from 74 spaces to 53 spaces for proposed addition to Cabrillo Extended Care Center located at 3033 Augusta Street, R -4 City Council Meeting August 4, 1981 - 7:00 P.M. Page Seven zone, Lindenthaler and Courtney Associates, applicant. Henry Engen, Community Development Director, stated that on July 8, 1981, the Planning Commission denied the variance request on a 4 -1 vote. The Commission felt there were no exceptional circumstances applying to the site, such as size, shapr or topography, that granting the variance request would be a grant of special privilege and would adversely affect the health, safety or general welfare of persons residing or working in the vicinity becuase of the existing parking problem in the are. These were findings that must be made positive to grant a variance. Staff was recommending the appeal be denied and the Commission's action to deny be upheld. Staff did not feel the three required findings to grant the variance request could be made. Mayor Billig declared the public hearing open. Jonathan Lindenthaler, 115 -C Toro Street, explained that his client had made a survey on the parking in that area and they felt that there was sufficient parking to handle the additional proposed addition. He stated that the bowling alley was not willing at this time to sign an agreement for additional space but that the owner of property adjacent to the other side of the Cabrillo Care Center was willing to sign an agreement for twenty spaces to be used when they were not using it. He would urge the Council to look to revising the City's adopted parking requirements and grant a variance in this case. J.J. Brown, Santa Monica, administrator of the care center, spoke on behalf of his appeal and again urged the Council to grant the variance. Dustin Brown, 2040 Oak Street, Santa Monica, also spoke on behalf of the appeal Mayor Billig declared the public hearing closed. On motion of Councilwoman Dove y, seconded by Mayor Billig, to deny the appeal with directions to staff to immediately start researching the possibility of amending the zoning regulations on parking requirements for skilled nursing facilities and intermediate care facilities. Motion carried on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig, Councilmembers Dunin and Settle NOES: None ABSENT: Councilman Bond 6. Rezoning Lower Slopes-Of San Luis Mountain Public hearing to consider Planning Commission recommendation to rezone approx- imately 55 acres west of Highway 101 (San Luis Mountain) from R -1, R -4 and C -R -S to A/C 20 to conform with the City's adopted General Plan; Maino and Madonna, owners, City of San Luis Obispo, applicant. Vic Montgomery stated that he was here to represent Mr. Alex Madonna and he stated that if it were the City's intent to support tourist commerical, that ' there were only two lots still available within the City. Therefore, he would recommend the Council approve their request to put the property in interim agriculture, which would give the Council's indication that this property could be developed within the next 20 years for some other purpose. Mike Maino spoke on behalf of Verna and Rusty Maino who also wished to go on record supporting this property as interim agriculture with direction to staff and to the applicant that development would be possible on this property at a later date. Alex Madonm spoke against the proposed rezoning to agriculture /conservation -20. He state he would like to be able to consider building at some future date. Richard Delgado spoke in support of Alex Madonna's request. He felt that Mr. Madonna was attempting to improve his property and that he was helping the City Council Meeting August 4, 1981 - 7:00 P.M. Page Eight community and should be allowed to keep his property in- interim agriculture. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following ordinance was introduced to print: Ordinance No. 897 (1981 series): an ordiance of the City of San Luis Obispo amending the official zone map of the City to rezone property at the foot of San Luis Mountain west of Highway 101 from R -1, R -4 and C- R -S_to A/C 20. Introduced to print on the following roll call vote: AYES: Councilmembers Dovey, Settle and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Bond On motion of Councilwoman.Dovey, seconded by Councilman Settle, direct staff to proceed with the Hillside Specific Plan with utmost speed with this property and other affected Hillside properties and to recommend General Plan and zoning changes to be consistent with the Hillside Development Plan. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Bond 7. ORDINANCE NO. 896 - ARC Approval Of Single - Family Dwelling Consideration of final passage of Ordinance No. 896, an ordinance amending certain provisions of Chapter 5 of the Municpal Code to provide for ARC review of certain single - family dwellings, to clarify appeals rights, and to revise terms fo appointment. Mayor Billig declared the public hearing open. On motion of Councilwoman Dovey, seconded by Councilman Dunin, the following ordinance was given final passage: Ordinance No. 896 (1981 series): an ordinance providing for ARC review of certain single - family dwellings. Finally passed on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: Councilman Settle ABSENT: Councilman Bond 8. Ordinance No. 895 - Revised Tree Ordinance Consideration of final passage of Ordinance No. 895, an ordinance amending Section 4300.7 of the Municipal Code dealing with tree regulations. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, the following ordinance was given final passage: City Council Meeting August 4, 1981 - 7:00 P.M. Page Nine Ordinance No. 895 (1981 series): an ordinance amending Section 4300.7 of the Municipal Code dealing with tree regulations. Finally passed on the following roll call vote: 1 AYES: Councilmembers Dunin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond 9. Quarterly Water Program and Fire Hydrant Installations Review A. Council review of the $25,000 Quarterly Water Program Priority Rating System. Dave Romero, Public Services Director, explained that Mr. Mote had prepared the staff report and though the Priority Rating System was complicated one, he felt it represented a fair allocation of the resources and should be continued sub- stantially in its present form. After brief discussion, it was moved by Councilman Settle, seconded by Councilman Dunin, to reaffirm the Quarterly Priority Rating System as recommended by staff. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond B. Consideration of City policy on participation in required fire hydrant installations. Dave Romero, Public Services Director, urged the Council to adopt the policy recommended by staff regarding the City participation in fire hydrant installations. On motion of Councilman Settle, seconded by Councilman Dunin, to approve staff recommendation regarding participation in fire hydrant installations. Motion carried on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Bond 10. Los Osos Valley Road Extension Over San Luis Creek To Hiehwav 101 Council considered a request from the City Engineer to work with Caltrans in the preparation of a cooperative agreement in connection with the Los Osos Road extension. Wayne Peterson, City Engineer, explained that a letter was recently received from Caltrans indicating that they had agreed with the City as to the type of project that could be built that could result in the connection of Los Osos Road across San Luis Creek and connecting with the Highway 101 overcrossing. The letter laid out the estimated cost both for the City and for the State for the project. Of importance to the City was the fact that we had $568,000 in Federal Aid Urban Funds which had been designated for this project. More funds may become available in the future, depending on future Federal budgets. In the meantime, these funds could be designated towards a portion of the City's share of the project. Since F.A.U. required that the local agency contribute at least 13% toward-the project, it would appear that this was an ideal project for the City, inasmuch as the State was estimating that the City's contribution towards its portion of the project would be 16 %. He would recommend the Council support the project and City Council Meeting August 4, 1981 - 7:00-P.M. Page Ten direct staff to work with Caltrans in the preparation of a cooperative agree- ment between the City and State. On motion of Councilman Settle, seconded by Mayor Billig, to approve staff recommendation to support the project and direct staff to work with Caltrans in the preparation of a cooperative agreement between the City and State, to proceed with the necessary envionmental studies and to direct staff to begin preparation of plans and specifications for the City's portion of the project. Motion carried on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Bond 11. Joint Recreational Use Of School District Property Committee Appointments. Council considered nominations by the Administrative Officer for appointments to fill four vacancies on the Advisory-Committee on Joint Recreational Use of School District Property. On motion of Mayor Billig, seconded by Councilman Settle, to approve the following four people for appointment to this board: Don King; Steve Gale; Jan Goodrich; Sharon Gripp. Motion carried, all ayes, Councilman Bond absent. On motion of Councilwoman Dovey, seconded by Mayor Billig, to appoint Don King to a one year term; Steve Gale, two year term; Jan Goodrich, two year term; Sharon Gripp, two year term, and to set terms of office for Larry Meek for a one year term and Ken Rodman for a one year term, with staff directed to bring back a resolution outlining terms of office and general guidelines as presently being done with the other advisory boides and being consistent with those committees and commissions. Motion carried on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig, Councilman Dunin NOES: Councilman Settle ABSENT: Councilman Bond 11:40 p.m. Council adjourned to closed session to discuss personnel matters. 1:10 a.m. Council reconvened in .regular session. 1:11 a.m. Council adjourned to Monday, August 10, 1981 at 12:10 p.m. APPROVED BY COUNCIL ON: 8/18/81 i Pamela Voges, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 10, 1981 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 1 1