HomeMy WebLinkAbout04/03/1984City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 2
Present: Paul Lanspery, Administrative Officer; Geoff Grote,
Assistant Administrative Officer; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Toby Ross, Community
Development Director; Wayne Peterson, City Engineer; Mike
Dolder, Fire Chief; Roger Neuman, Police Chief; Dave Romero,
Public Works Director; Jim Stockton, Recreation Director
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P R E S E N T A T I O N
A. PRESENTATION OF ANNUAL SAFETY AWARD
Mayor Billig presented Safety Award to Bill Hetland, representative of the
Utilities Division of the Public Works Department in recognition of their
achievement for being the safest employee division in fiscal year 1982 -83.
Bill Hetland gave special recognition to Doug Marks, Barry Dafren, Myron
Torik, Ralph Soto, Carl Young, Don Headley and Robert Newman, of those
divisions.
C O N S E N T A G E N D A
On motion of Councilman Settle, seconded by Councilman Griffin, the consent
agenda was unanimously approved as recommended by staff with the exception
of C -6 as noted, Councilman Dunin absent. The following actions taken as
indicated:
C -1 MINUTES
Minutes of Tuesday, January 17, 1984 - 7:00 p.m.; and Tuesday, February 7,
1984 - 7:00 p.m. approved as amended.
C -2 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders were ordered paid as recommended
by staff.
C -3 REPORT ON BIDS - STORM DRAIN IMPROVEMENT PROJECT (File #84 -03)
Award of bids was reported on for "Storm Drain Improvement Project in Hill
and Mountain View Streets "; City Plan No. F24; bid estimate $75,490,
without contingencies; opened March 15, 1984. The low bid was rejected and
Resolution No. 5330 (1984 Series) was adopted, a resolution of the Council
of the City of San Luis Obispo awarding contract to second low bidder
Walter Bros. Construction Company in the amount of $76,430 as recommended
and Mayor authorized to sign.
C -4 REPORT ON BIDS - OLD GARDEN CREEK DRAINAGE CHANNEL LINING (File
484 -02)
Report on bids was made for "Old Garden Creek Drainage Channel Lining -
Jeffrey Drive to Patricia Drive "; City Plan No. F06; bid estimate $175,100,
without contingencies; opened March 15, 1984.
Resolution No. 5331 (1984 Series) was adopted, a resolution of the Council
of the City of San Luis Obispo awarding contract to R. Burke Corp. in the
amount of $155,154.50 as recommended by staff with Mayor authorized to
sign.
C -5 PUBLIC SAFETY HEALTH FITNESS PROGRAM EXTENSION AGREEMENTS (File X1701)
Resolution Nos. 5332 and 5333 (1984 Series) were adopted, resolutions of
the Council of the City of San Luis Obispo approving agreements to extend
professional services with Dr. Bernhardt and Dr. Webb for medical testing
and exams to continue the Public Safety Health Fitness Program through June
30, 1984.
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City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 3
Resolution No. 5338 (1984 Series) was adopted, a resolution of the Council
of the City of San Luis Obispo extending agreement for facility services at
Cal Poly as recommended with Mayor authorized to sign.
C -6 STENNER CANYON HYDROELECTRIC PROJECT (File #81 -26)
Roger Picquet, City Attorney, reported on the financing and bids received
for "Stenner Canyon Hydroelectric Plant and Penstock Construction "; City
Plan Nos. F -25C and F -25B; bid estimates $1,024,500 and $452,200 respectively
' without contingencies. Staff was recommending adoption of resolutions
awarding the financing of the Stenner Canyon Hydroelectric Project to
Bankers Leasing and Financial Corp., and contracts to Kaweah Construction
in the amount of $967,529 and to Valley Engineers in the amount of $343,806
as recommended with Mayor authorized to sign.
The City Attorney submitted a legal opinion that any substitution of "Apco"
air vacuum valves must be in compliance with the standards and procedures
set forth in the specifications and that the previous rejection of all bids
in March is consistent with well - established legal principles and totally
supported by the facts. He was requesting Council support on this as he
had received two communications from other bidders who had concerns with
either the bidding process or the award as recommended by staff.
After brief discussion it was moved by Councilman Settle, seconded by
Councilman Griffin, to adopt Resolution No. 5334 (1984 Series), a resolution
of the Council of the City of San Luis Obispo awarding financing of "Stenner
Canyon Hydroelectric Project" to Bankers Leasing and Financial Corp.;
contract for "Stenner Canyon Hydroelectric Plant" awarded to Kaweah Construction
in the amount of $967,529.00; and contract for "Stenner Canyon Hydroelectric
Project - Penstock Construction" awarded to Valley Engineers in the amount
of $343,806.50 as recommended by staff, including support of the legal
opinion submitted by the City Attorney for the "Apco" substitution and the
previous findings with regard to the rejection of the bids in March.
Resolutions unanimously approved, Councilman Dunin absent.
C -7 PURCHASE OF PROPERTY (File #168)
Resolution No. 5335 (1984 Series) was adopted,•a resolution of the Council
of the City of San Luis Obispo approving an agreement with Mann Theatres.
Corp. for the purchase and sale of property at 999 Monterey in the amount
of $215,000 as recommended by staff with Mayor authorized to sign.
C -8 ADVISORY BODY APPOINTMENTS -(File 1125)
Council gave unanimous approval to the recommendation by the Administrative
Officer for the following appointments to three•Advisory Bodies:
A. J. Randolph Hampton, reappointed; Thomas.Harrington, reappointed; Joan
Leon, appointed to the Citizens Advisory Committee for two -year terms
expiring 3/31/86.
B. Lois Barton and Ken Maclntyre reappointed to the Handicapped Board of
Appeals for two -year terms expiring 3/31/86.
C. Wanda Strassberg (business community member) reappointed to the Mass
Transportation Committee for a two -year term expiring 3/31/86.
A D V I S O R Y B 0 D Y A P P O I N T M E N T S
A. APPOINTMENTS TO ARCHITECTURAL REVIEW COMMISSION (File 11125)
On motion of Councilman
Tom Priest and Pierre R.
two -year terms expiring
two -year terms expiring
term expiring 3/31/85.
absent.
Griffin, seconded by Councilwoman Dovey, to reappoint
3demaker to the Architectural Review Commission for
3/31/86, appoint Pat Hill,and:Allan.Cooper for
3 /31 186;:and reappoint Terry Simons for a.one -year
Motion unanimously carried, Councilman Dunin
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 4
B. APPOINTMENTS TO PLANNING COMMISSION (File #125)
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to appoint
Dick Cleeves, Steve Scanlon, Richard Schmidt and Randy Dettmer to the
Planning Commiccion for two -year terms expiring 3/31/86. Motion unanimously
carried, Councilman Dunin absent.
C. APPOINTMENTS TO HUMAN RELATIONS COMMISSION (File #125)
On motion of Councilman Griffin, seconded by Councilman Settle, to reappoint
Josef Kasparowitz, Gary Deno, Carol Tingel and Kevin McReynolds to the
Human Relations Commission for two -year terms expiring 3/31/86. Motion
unanimously carried, Councilman Dunin absent. :The remaining two vacancies
to be filled at the April 17, 1984 Council meeting.
D. APPOINTMENTS TO PROMOTIONAL COORDINATING COMMITTEE (File 1125)
On motion of Counilwoman Dovey, seconded by Councilman Settle, to reappoint
Margaret Bond, Leslie Ramsey and Rob Sexton to the Promotional Coordinating
Committee for two -year terms to expire 3/31/86, the remaining vacancy to be
filled at the April 17, 1984 Council meeting. Motion unanimously carried,
Councilman Dunin absent.
E. APPOINTMENTS TO PARK AND RECREATION COMMISSION (125)
On motion of Councilman Griffin, seconded by Councilman Settle, to appoint
Diedra Lackey, Sayonna Martin and Carroll Price to the Park and Recreation
Commission for two -year terms expiring 3/31/86, Susan Langston recommended for
the next available vacancy. Motion unanimously carried, Councilman Dunin absent.
P U B L I C H E A R I N
1. TIME EXTENSION FOR TRACT 912 (File 11410 -912)
Public hearing was held to consider a Planning Commission recommendation '
for the approval of a 12 -month time extension to file the final map for
Tract 912 ( Orcutt Heights) creating a 15 -lot residential subdivision on
approximately 8.1 acres located at'1250 Orcutt Road; R -1 zone; Richard
Burke and Frank Truchan, subdividers.
Toby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution granting
the 12 -month time extension to file the final.map subject to the findings,
variances and conditions of previous tentative map approval and extension.
Mayor Billig declared the public hearing open.
Dan Lloyd, from Engineering Associates and representing the applicant,
stated he was available for any questions, was supportive of the staff
recommendation and would urge Council's approval.
Mayor Billig declared the public hearing closed.
On motion of Councilman Griffin, seconded by Councilman Settle, to approve
Resolution No. 5336 (1984 Series), a resolution of the Council of the City
of San Luis Obispo approving a 12 -month time extension to file the final
map for Tract 912 as recommended. Resolution adopted unanimously, Councilman
Dunin absent.
2. GENERAL PLAN AMENDMENT (GP 1136)/NEIGHBORHOOD- COMMERCIAL USES (File 1
11463)
A. Public hearing was held to consider a resolution amending the Land Use
Element text regarding goals and policies for neighborhood- convenience
commercial areas (GP 1136); City of San Luis Obispo, applicant (continued
from 2/21/84).
B. Public hearing was held to consider an ordinance revising the Zoning
Rgulations regarding uses allowed in the neighborhood - commercial (C -N) zone
(continued from 12/13/83, 1/10/84 and 2/21/84).
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 5
Toby Ross reviewed the council agenda reports with the recommendation that
Council adopt the resolution amending the General Plan and introduce the
ordinance in synopsis form to amend the Zoning Code allowing additional
types of uses in the C -N zone with individual and cumulative floor area
limits and to approve a negative declaration of environmental impact.
Mayor Billig declared the public hearing open.
T. Keith Gurnee, with Richmond Rossi and Montgomery, stated he was representing
1 a number of C -N property owners who had been working with staff and was
urging approval of the recommended actions after having spent considerable
time and study with staff, the Planning Commission and the City Council.
Three primary issues were: 1) the Zoning Regulations had changed so rapidly
in previous years that many uses in the C -N zone had now become nonconforming;
2) functions of these centers were becoming primarily food centers rather
than retail; and 3) convenience outlets were needed in the C -N neighborhood.
He felt many uses not.allowed in the C -N zone were allowed in other cities
and would also be appropriate here. He reviewed three arguments that were
previously brought up that: 1) the function was more important than
profit, reminding the Council that the tenants had no problem in renting of
the spaces but rather were more concerned about what they could offer their
clientele. 2) The issue of the size scale versus the use; and 3) would
propose that Council if they wished to have certain limitations include
them rather than adopt absolute prohibitions in the C -N zone. He reiterated
that the C -N ordinance was the most restrictive of any city, even with the
expanded uses as proposed in the C -N. He too would urge staff's recommendation
be approved. He sensed that the majority of the Council was still having
some problems with the definition of professional uses and hoped that
rather than curtail the entire ordinance Council would limit the types of
offices proposed.
Rose McKeen, representing Laurel Lane Shopping Center, stated that-although
she had no immediate plans for the expansion of the center, she was supportive
' of the proposed ordinance and expanding of C -N uses.
Jack McKeen, also representing the Laurel Lane Shopping: Center, stated he
too supported the comments made by Mr. Gurnee and the recommendation by
staff. He felt that offices were appropriate in the C -N zone. He himself
was enjoying the fact that he had his office there and would like to see
more of them.
Councilman Dunin arrived at the meeting at 7:55 p.m. (some of the hearing
issues were taken out of order).
Rosemary Green spoke in support of staff recommendation.
Mayor Billig declared the public hearing closed.
Councilwoman Dovey stated that she still would be unable to support the
ordinance as long as there was any discussion of medical offices.
Councilman Settle stated that he too had his reservations about,allowing..
professional offices;•however, he was supportive of the-.remainder of the
ordinance.
Councilman Dunin stated he had always been supportive of the ordinance and
the additional uses to allow expansion in the C -N zone to include retail
and professional offices. He was not pleased with the procedure that had
' been used to date. He again would urge his colleagues to support the
ordinance as recommended. '
Councilman Griffin suggested that the professional office language be
deleted from the ordinance at this time, with staff-to make further analysis
.of this particular use. With that he would support the ordinance.
After discussion it was moved by Councilman.Dunin, seconded by Councilman
Griffin-, to accept staff- recommendation and pass to print the ordinance as
recommended by staff.
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 6
Motion failed on the following roll call vote:
AYES: Councilmembers Dunin and Griffin
NOES: Councilmembers Dovey, Settle and Mayor Billig
ABSENT: None
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to introduce
the ordinance in synopsis form amending the Zoning Code to allow the '
additional types of uses in the C -N zone with individual and cumulative
floor area limits, approving the negative declaration of environmental
impact but to delete professional offices as stated in Sections 3 and 4.
Ordinance No. 1008 (1984 Series); introduced to-print in synopsis form as
amended and on'the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Settle and Mayor Billig
NOES: Councilman Dunin
ABSENT: None
On motion of Mayor Billig, seconded by Councilman Griffin, Resolution No.
5337 (1984 Series), be adopted, a- resolution of the Council of the City of
San Luis Obispo amending the General Plan Land Use Element text regarding
the goals and policies for neighborhood- convenience commercial areas -with
the deletion of professional offices. Resolution adopted with.Councilman
Dunin voting no.
After brief discussion it was moved by Mayor Billig, seconded by Councilman
Settle, to direct staff to analyze current professional uses in zones as to
appropriateness of change and uses. Analysis to include information from
the strategic plan, amount of office space available, appropriateness of
location; and services and impact on neighborhoods. Motion carried unanimously.
8:25 p.m., Mayor Billig declared a recess.
8:40 p.m., City Council reconvened, Councilman Dunin having left the.
meeting.
3. CORNER CUT- OFFS /ZONING REGULATIONS AMENDMENTS (Vile # 463)
A. Council considered a policy establishing parking restrictions at.
intersections.
B. Council held a public hearing to consider an ordinance revising property
development standards concerning intersection visibility (corner cut_
-offs)
and setback lines (continued from 1/17/84).
Toby Ross, Community Development Director, and Dave Romero, Public Works
Director, reviewed the council agenda report recommending that Council
approve the policy that would control parking at corners and further to
introduce -the ordinance to-print increasing corner cut -off areas to 30 feet
from measured property lines.
Mayor Billig declared the public hearing open.'
No one spoke for or against the proposed policy or ordinance.
Mayor Billig declared the public hearing closed.
A. On motion of Councilwoman Dovey, seconded by Councilman Settle, to
approve the policy establishing parking restrictions at intersections as
recommended by staff.- Motion carried unanimously, Councilman Dunin absent.
B. Ordinance No. 1009 (1984 Series) was given introduction to print as
recommended by staff to revise the property development standards to -
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 7
increase corner cut -off areas to 30 feet from the.property lines. Unanimously
cirrie'd,'Councilman Dunin absent.
4. NEIGHBORHOOD REQUEST = HATHWAY /SLACK.STREET TRAFFIC CIRCULATION (File
#777)
Council reviewed the traffic circulation on Hathway and the surrounding
neighborhood.
Mayor Billig reviewed the procedure that was going to be used this evening.
Although staff had initially recommended closure of Hathway Street at Slack
Street and installation of stop signs at Slack and Longview Lane, additional
information would suggest Council defer its decision with regard to staff
recommendation. Public testimony would be taken and the public urged to
suggest alternatives to staff to be included in a later analysis and
resubmission to Council at a future meeting.
Dave Romero, Public Works-Director, and Wayne.Peterson, City Engineer,
reviewed the original staff recommendations and some of the problems
inherent with the neighborhood traffic patterns and circulation.
Mayor Billig asked for public testimony.
Melanie Simmons, 20 Hathway Street, urged support of staff recommendation
for street closure. She felt that Hathway was an extremely dangerous
street, children being the most negatively impacted, and would urge Council's
resolution.
Sherry Lewis, 209-Longview, stated that .although she had signed the original
petition urging Council review with some recommendation for solution. to the
problems on Hathway, she was not supportive of the current staff recommendation
as she felt it was going to have an adverse impact on the neighborhood.
Diane McCracken, 304 Longview,- ' stated her opposition to the closure of the
street-and felt that the real problem here was excessive speed and would
like to see that addressed.
Dr. Stanley Reichenberg, 308 Longview Lane, submitted a statement signed by
19 residents, primarily residents living on Albert Drive,:who are opposed
to the street closure.
Grant Menan, 250 Grand Avenue, suggested stronger police enforcement, but
certainly no street closure. .
Lillian Rabat, 285 Chaplain Lane, was opposed to the staff recommendation
and suggested posting of stop signs or the installation of a cul -de -sac.
Mr. Kay 269 Chaplain Lane, asked that the Council continue its study and
dome up with some better recommendations than currently submitted.
Marlin Vix, 16 Hathway,:was supportive of cross walks in the neighborhood.
He felt it was a very dangerous condition for pedestrians and would like to
see more attention placed on-the bicycles as he felt that they contributed
much of the blame. He would also suggest, rather than closure of Hathway,
the closure-of a portion of Motley..
A woman resident of Kentucky Avenue stated she would not be supportive of
the installation of stop signs. She too felt that the bicycles were a
' problem and would be supportive of closing Slack Street. She suggested
posting more signs on Frederick and enlist the help of Cal Poly.
JeanAnn Forsythe, 1616 Frederick Street, stated her opposition to the
proposed recommendation.
Gene Rapf, 18 Hathway, reiterated the dangerous condition existing. He
felt that the speed was one of the primary considerations and would suggest
immediate remedial reaction by the city.
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 8
Joanne Ruggles, resident on Hathway Street, stated she has been involved.:
with trying to reach resolution of this problem since 1980. She had worked
with staff and walked the neighborhoods trying to get input from the
residents and felt that there had been a great deal of work in trying to
come up with these recommendations, recognizing that no one recommendation
was going to be the perfect solution, but that certainly it emphasized the
fact that a problem did exist and did need remedial action. . -
Herb Kabat, 285 Chaplain Lane, also felt the traffic was excessive and
would urge Council's support to reduce it.
John Evans, resident on Longview.Lane, agreed that this was.a Cal Poly
problem. That!the current recommendation was a "band -aid" approach, and
that he -would urge both .city officials and Cal Poly officials to meet.in
helping to resolve these problems.
Dorothy Pippin, 174 Carpenter, also felt that speed was a problem, and did
not feel that stop signs would help as it would cause additional congestion
which would only make the problem worse.
C. H. Gregory, 213 Albert Drive, was opposed.to cul- de- sacing.
David Lawrence, resident at Kentucky and Hathway, also felt the speed was
excessive and that any mention of street closure should.be a last resort..
He was also opposed to the installation of stop signs. ..He urged the city
to pursue this problem to make the neighborhood safe._.
Rob Collins, 1400 Frederick Street, was opposed to shifting the traffic
from one street to another and would hope that additional alternatives
could-be found: _
Mayor Billig closed the public portion of the testimony,:thanked the.people
for attending, again reiterating that Council recognized that there was a
definite serious safety problem existing and urging.residents.to submit '
alternatives and work with staff. She would be meeting next week with Cal
Poly representatives also on this same issue and hoping that some remedies
could be discussed.
After brief discussion it was moved by Mayor Billig, seconded by Councilman
Settle, that contingent upon the fact that no previous ordinance be.in
effect providing additional legal requirements, that Council accept the
Police Chief's recommendation to reduce.the speed on Hathway from 30.mph to
25 mph. Unanimously approved, Councilman Dunin having arrived at .the
meeting and participating in the discussion.
Further, staff was directed to review and explore alternatives.and suggestions
made by public testimony this evening, including other alternatives for
remedial action of the excessive speed and dangerous traffic.circulation on
Hathway and the surrounding neighborhoods. City officials encouraged to
work with Cal Poly officials for additional input and recommendations.
Report to come back to Council as quickly as possible.
5. 1984 -85 BUDGET PROCESS SCHEDULE.(File 41233)
Paul Lanspery, Administrative Officer,.reviewed the budget process schedule
for fiscal year 1984 -85 and after brief discussion Council gave concurrence
of the schedule as proposed by staff (4- 0 -1)..
6., RESOLUTION OF CONDEMNATION (File 41554)
City Council adjourned, Parking Authority Board convened.
ROLL CALL
Commissioners
Present: Dovey, Dunin, Griffin, Settle and Chairperson Billig.
City Council Minutes
Tuesday, April 3, 1984 - 7:00 p.m.
Page 9
Roger Picquet, City Attorney, stated that this had been continued to date
certain which was why it -was before.the Council this evening, however, no
recommendation was ready for an action and the staff was recommending this
be continued one last time to June 19; 1984 for Council's consideration of
the resolution.to condemn property at 861 Palm Street, this was the Shanghai
Low Restaurant which would be required for the construction of the city's
parking structure which has now been defeated by the voters.
On motion "of Commissioner Settle, seconded by Commissioner Dovey, to
continue this item to date certain June 19, 1984, and unanimously approved.
Parking Board adjourned, City.Council reconvened in regular session.
C O M M U N I C A T I O N S
C -1. Council supported the staff recommendation to participate in amicus
curiae concerning redevelopment agency vs. Gilmore as recommended by the
City Attorney.
C -2. Mayor Billig briefed the Council on the Santa Rosa project being done
in conjunction with.Cal Trans stating that it was proceeding on time and
doing very well.
C -3 Council requested to submit any suggested..names.to the Mayor for
possible appointments to the Mobilehome Rent Review Board to fill terms
expiring on June 30.
C -4 Mayor Billig reported.on the League of California Cities Subcommittee
meeting concerning local land control issues. She stated she was very
disappointed of the:subcommittee's.review process. After•brief discussion
Council suggested a letter be directed to the League concerning this issue.
10:30 p.m. there being no further business to come before the City Council,
Mayor Billig adjourned the meeting to April 17, 1984,.at 7:00 p.m.
P ela Voges, u: Clerk .
APPROVED BY COUNCIL: 6/5/84
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M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 17, 1984 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert.Griffin; Allen K.
Settle and Mayor Melanie C. Billig
1 Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant
Administrative Officer; Roger Picquet, City Attorney; Pamela
Voges, City Clerk; Toby Ross, Community Development Director;
Wayne Peterson, City Engineer; Mike Dolder, Fire Chief; Ann
Crossey, Personnel Director; Roger Neuman, Police Chief;
Dave Romero, Public Works Director; 'Jim Stockton, Recreation
Director