HomeMy WebLinkAbout12/18/1984City Council Minutes
Tuesday, December 18, 1984 - 7:00 p.m.
Page 2
C -4 LANDLORD /TENANT SERVICES (File 411041)
Resolution No. 5589 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving agreement with Lynn McLure and
Terry Mineau, dba Advocate for landlord /tenant inspection services as
recommended (5 -0).
C -5 BUS OPERATIONS /MAINTENANCE YARD (File 41153)
Resolution No. 5590 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing execution of agreement with the
Urban Mass Transportation Administration for a Section 3 Grant to design
and construct a bus operations /maintenance yard estimated to cost $952,900
(city's share $238,225) as recommended (5 -0).
C -6 TRANSIT COACHES (File 41153)
Resolution No. 5591 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing submission of application to Cal
Trans for an UMTA Section 18 Grant to purchase two transit coaches estimated
to cost $290,000 (city's share $58,000) during fiscal year 1985 -86 as
recommended (5 -0).
C -7 PUBLIC IMPROVEMENTS FOR TRACT 808 (File 41410 -808)
Resolution No. 5592 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted accepting public improvements for Tract 808
(Exposition Park, Unit 4), a 64 -lot subdivision located at Exposition Drive
and Woodbridge Street as recommended (5 -0).
C -8 HYDROELECTRIC PROJECT (File 41518)
Resolution No. 5593 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted establishing recruitment process for additional
hydroelectric power development as recommended (5 -0). '
C -9 SIDEWALK RECONSTRUCTION PROJECT (File 4183 -16)
Resolution No. 5594 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving agreement between the City and
United Pacific Insurance Co., for the completion of sidewalk reconstruction
project on Chorro and Monterey to Higuera Street, City Plan No. G -30
estimated to cost $62,906.97 as recommended (5 -0).
C -10 CALIFORNIA MENS COLONY LABOR AGREEMENT (File 41501)
Staff authorized to extend agreement with the State of California Mens
Colony to provide labor services to the City for fiscal year 1985 estimated
to cost $5,422. Mens Colony personnel to be utilized.in more visible
areas. Mayor directed to write a letter of thanks for their efforts (5 -0).
C -11 STATE HISTORICAL PRESERVATION GRANT PROGRAM (File 41454)
Resolution Nos. 5595 and 5596 (1984 Series), resolutions of the Council of
the Council of the City of San Luis Obispo were adopted authorizing grant
applications to State Historical Preservation Grant Program for the Jack
House and City /County Museum as recommended (5 -0).
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. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (File 41125) ,
Councilman Griffin reported on behalf of the Council Subcommittee (Griffin /Dovey)
for recommendation to fill a vacancy on the Human Relations Commission for
an unexpired term ending 3- 31 -85.
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to appoint
Steven Vines to the Human Relations Commission, term expiring 3- 31 -85.
Motion carried unanimously (5 -0).
City Council Minutes
Tuesday, December 18, 1984 - 7:00 p.m.
Page 3
B. APPOINTMENT TO THE PROMOTIONAL COORDINATING COMMITTEE (File 41125)
Councilwoman Dovey reported on behalf of the Council Subcommittee (Griffin /Dovey)
for recommendation to fill a vacancy on the Promotional Coordinating
Committee, term ending 3- 31 -85.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, to appoint
Dale Owen to fill an unexpired term on the Promotional Coordinating Committee,
term to expire 3- 31 -85. Motion carried unanimously (5 -0).
C. APPOINTMENTS TO THE MOBILEHOME RENT REVIEW BOARD (File 41125)
Councilwoman Dovey reported on behalf of the Council Subcommittee (Dovey /Billig)
for recommendations to fill one unexpired term on the Mobilehome Rent
Review Board, term ending 3 -31 -86 and two newly created terms ending
3 -31 -85 upon effective date of the Rent Stabilization Ordinance revision.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, to appoint
Gaye Benson to fill unexpired term ending 3- 31 -86. Motion carried unanimously
(5 -0).
Councilwoman Dovey stated the Subcommittee would ask to defer consideration
of the remaining two vacancies until Council took action on No. 3 regarding
the advisory body membership amendment which was later on in the agenda
this evening.
Final action on Item C taken following Item No. 3. On motion of Council-
woman Dovey, seconded by Councilman Griffin, to appoint Dennis Wheeler and
Tom Swem to fill newly created positions on the Mobilehome Rent Review
Board with terms to expire March 31, 1985, upon the effective date of the
Rent Stabilization Ordinance revision. Motion carried unanimously (5 -0).
P R E S E N T A T I O N
1. , PRESENTATION OF ANNUAL AUDIT (File 41223)
Presentation was made by Tom Snow, partner with Peat, Marwick, Mitchell &
Co., the city's independent public accountant. He reported on the city's
Annual Financial Report for fiscal year ending June 30, 1984. He stated
that the city was in a sound financial position and in compliance with the
standards set forth by the National Committee on.Governmental Accounting.
On motion of Councilman Griffin, seconded by Councilman Settle, to receive
and file the report as submitted. Motion carried unanimously (5 -0).
2. FINAL PASSAGE OF ORDINANCE NO. 1029 - ORCUTT HEIGHTS (File 41463)
Council held a public hearing to consider final passage of Ordinance No.
1029, an ordinance rezoning property at 1250 Orcutt Road from low- density
residential (R -1) to medium -high density residential with a planned development
(R -3 -PD) to develop a 100 -unit retirement home on approximately 8 acres;
Holiday Management, applicant..
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report stating that the recommended action was for final passage of
Ordinance 1029 as recommended.
Mayor Billig declared the public hearing open. No one spoke for or against
the final passage. Mayor Billig declared the public hearing closed.
On motion of Councilman Settle, seconded by Councilman Dunin, Ordinance No.
1029 rezoning property at 1250 Orcutt Road from R -1 to R -3 -PD was given
final passage as recommended. Motion carried unanimously (5 -0).
3. ADVISORY BODY MEMBERSHIP AMENDMENT (File #428)
Council held a public hearing to consider an ordinance amending the.Mobilehome
Rent Stabilization ordinance regarding membership qualifications.
City Council. Minutes
Tuesday, December 18, 1984 - 7:00 p.m.
Page 4
Roger Picquet, City Attorney, briefly reviewed the Council agenda report
stating that the recommended action was for introduction of the ordinance
which would amend the membership qualifications deleting certain restrictions
on the eligibility for Mobilehome Rent Review Board membership.
Mayor Billig declared the public hearing open.
Lee Willard, tenant of Chumash Village Mobilehome Park, would hope that
this amendment not result in the board becoming overly weighted with real
estate individuals.
Ward Spencer, 3960 South Higuera Street (Creekside Mobilehome Park) stated
his opposition to the ordinance.
Charles Long, owner of Village Mobilehome Park, spoke in support of the
ordinance.
Art Jack stated that he could support portions of comments made by both Mr.
Spencer and Mr. Long. His primary concern being that there be fair representa-
tion on the Board.
Michael Nolan, attorney speaking on behalf of Craig Amspoker, agreed that
perhaps some relaxation of this code amendment was warranted, however, he
would like to see additional safe guards and suggested other possible
alternative amendments.
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, Ordinance
No. 1030 was introduced to print amending the membership qualifications as
recommended by staff. Motion carried unanimously (5 -0).
4. GENERAL PLAN AMENDMENT GP 1170 /PD 1193 - JOHNSON AVENUE (File 4463)
Council held a public hearing to consider Planning Commission recommendation
to:
A) consider a resolution to amend the Land Use Element Map to change the
designation from low- density residential (R -1) to Office (0) at 2306
Johnson Avenue; and
B) consider an ordinance to rezone property at 2306 Johnson Avenue from
low- density residential (R -1) to Office with a planned development (0 -PD)
to develop a medical office complex on approximately 3.9 acres; James
Harrison, applicant (continued from 12- 4 -84).
Glenn Matteson, Senior Planner, reviewed the Council agenda report and
reviewed the difference between the staff and Planning Commission recommenda-
tion. The Planning Commission recommendation was to approve the request to
adopt the resolution amending the Land Use Element Map from (R -1) of (0)
and introduce the ordinance to print which would rezone the property from
(R -1) to (0 -PD). Staff was recommending denial but encouraged the applicant
and the County to plan for private office development in the vicinity
consistent with long -term use of the hospital site. He cited that in the
event the Council supported the Planning Commission's recommendation, staff
did have a list of suggested conditions that they would like to see added
to the ordinance.
Mayor Billig declared the public hearing open.
T. Keith Gurnee, representing the applicant, gave a lengthy presentation
and reviewed the project and the amenities it would afford. He felt the
project was consistent with the Land Use Element. Also, General Hospital
was the only hospital without medical offices available near the site.
Further, the residential use proposed by staff would not be consistent for
residential uses. All other areas of concern were easily mitigated, that
being those cited regarding access; drainage, height, noise, buffers, etc.
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City Council Minutes
Tuesday, December 18, 1984 — 7:00 p.m.
Page 5
Enrico.Bongio, 2075 Sierra Way, stated his opposition to the proposed
project and requested that the project be left as is.
MaryBeth Shroeder, 2085 Wilding Lane, submitted a petition signed by 272
persons citing noise, traffic and pollution problems associated with the
proposed project urging Council's denial.
Curtis Morem, 2263 Flora Street, agreed with Dr. Roland and supported the
1 requested rezoning as mentioned in his letter.
Gary Simms, 1625 Sidney Street, spoke in opposition to the rezoning and
would prefer to see it left as R -1.
Bill Zweifel, 2275 Flora Street, spoke in support of the proposed rezoning.
Mike Suess, 1987 Wilding Lane, spoke in support of the current zoning. He
would encourage residential use for this area, which he felt was more
appropriate.
Richard Johnson, 2252 King Street and a member of the Consumer Advisory
Committee-who reviewed this with their recommendations, spoke in support of
the request.
Peggy Morem, 2263 Flora Street, stated she had originally been opposed to
the project but after working with the developer was now in support of the
project and felt it would be a. good one for the area.
T. Keith Gurnee then responded to various concerns raised by those people
who had spoken against-the project.
Art Jack, also with the Consumer Advisory Committee, spoke to concerns
earlier raised about the handicapped. He stated that the agency had
reviewed it and "in talking with the developer and Mr. Gurnee, he felt that
the project would adequately safeguard the handicapped.
Mayor Billig declared the public hearing closed.
9:20 p: m. Mayor Billig declared a recess.' 9:35 p.m. City Council reconvened,
all Councilmembers present.
Councilman Settle stated he could support the project. He felt the access
should be at signalization, which was proposed. He felt office use was
important and did not feel that the access and noise would be as compatible
with residential area as it would be for the office use. He would, therefore,
uphold the Planning Commission recommendation. The applicant should pay
for any signalization that might be required. He felt that access should
be onto Johnson-Avenue through Bishop Street. He would support lowering
the building height on building A.
Councilman Dunin felt that circulation was the key consideration, Johnson
Avenue was a major thoroughfare and he would; therefore, be supportive of
the Planning Commission recommendation to support office use rather than
residential. The project had been thoroughly reviewed by the Planning
Commission and in working with the County and city staff, he felt the
out — patient use would be a plus. The parking, drainage, access and crosswalks
could be mitigated between staff and the developer with final review coming
back to Council. He supported that access be where the signalization area
occurs.
1 Councilwoman Dovey stated she could not support the Planning Commission
recommendation. She felt this would be spot zoning and the access was a
problem. If the project was approved, she would wish to include some of
the conditions recommended by "staff:— She-would, therefore, vote to deny
the project.
Councilman Griffin apologized for not being available when this issue first
came to Council on December 4. He did feel that the project was somewhat
premature. He would have preferred to have had the County, developers and
City Council Minutes
Tuesday, December 18, 1984 - 7:00 p.m.
Page 6
staff be supportive first. He questioned the practicality and suitability
of this land for residential use. He did feel that there were several
design features that made it viable project. He would want to spend some
time on the-conditions if, in fact, this project were to be approved: .
Mayor Billig felt that the Johnson Avenue area was primarily residential
and should, therefore, be left as is. She felt that homes were more in
demand than office and was afraid that it would be precedent setting for
additional requests for offices on the perimeter of the city. She felt
medical offices would generate a tremendous amount of traffic, did not
agree that the long -term feasibility of General Hospital would depend upon
these offices.
Council then went through the conditions recommended by staff, reaching
consensus.
On motion of Councilman Dunin, seconded by Councilman Settle, to approve
the Planning Commission recommendation with amendments as generally agreed
on by the Council, which included adoption of Resolution No. 5597 (1984
Series), a resolution of the Council of the City of San Luis Obispo amending
the Land Use Element Map from R -1 to 0 and introduction of Ordinance No.
1031 (1984 Series), an ordinance of the Council of the City of San Luis
Obispo rezoning property at 2306 Johnson Avenue from low- density residential
to office with a planned development. Resolution and.ordinance adopted on
a 3 -2 vote, Councilwoman Dovey and Mayor Billig voting no.
5. FIRE PERMIT FEES (File #722)
Council reviewed and considered the Fire Department permit fees that were
adopted by Council on July 3, 1984.
Paul Lanspery, Administrative
asking that Council.reaffirm
include them as a part of the
Mayor Billig asked for public
Mat Benson, P.O. Box 226, San
opposition to the fees urging
in effect.
Officer, briefly reviewed the agenda report
the fees that were previously approved and
1985 -87 budget process.
comment.
Luis Obispo, from.Mat's Alignment, spoke in
the Council to repeal the previous resolution
Frank Sheahan, 1720 Fixlini and speaking as President of the Chamber of
Commerce, stated that the Executive Board had reviewed the fees, felt that
they were unfair, and if there were to be fees, they should have been more
equitable if made equally across the board. He would hope that the-City
would suspend the fees and wait until the Fire Master Plan was implemented.
He would suggest immediate repeal of Resolution No. 5404. He would hope
that a city -wide policy would be established first concerning all fees.
Roy Parsons, 236 Higuera, felt that businesses were already paying for
these kinds of inspections held by the Fire Department through other taxes,
this was a nit - picking type of taxation opening an entire "Pandora's Box"
for other similar kinds of fees. He would urge Council's repeal.
Dave Garth, Executive Manager of the Chamber of Commerce, also spoke to the
equity level and felt that a fee policy statement should be made by Council.
Charles Long, representing the Motel /Hotel Association, spoke in opposition
to the fees. '
Mayor Billig closed the public portion.
After Council discussion and on motion of Councilman Griffin, seconded by
Councilman Dunin, to direct staff to prepare a resolution to.repeal Resolution
5404 effective June 30, 1985, with the understanding that these fees would
be tied in as part of the 1985 -87 budget process. Motion failed on a 2 -3
vote, Councilmembers Dovey, Dunin and Mayor Billig voting no.
City Council Minutes
Tuesday, December 18, 1984 - 7:00 p.m.
Page 7
On motion of Mayor Billig, seconded by Councilwoman Dovey, to move the
recommended action to reaffirm the fees as a part of the 1985 -87 budget
process. Motion failed on a 2 -3 vote, Councilmembers Dunin, Griffin and
Settle voting no.
On motion of Councilman Dunin to repeal Resolution 5404. Motion failed for
lack of a second.
On motion of Councilman Griffin, seconded by Councilman Settle, to reconsider
the original motion. Motion failed on a 2 -3 vote, Councilmembers Dovey,
Dunin and Mayor Billig voting no.
On motion of Mayor Billig, seconded by Councilwoman Dovey, to move the
recommended action to reaffirm the fees as a part of the 1985 -87 budget
process. Motion carried unanimously (5 -0).
6. DRAFT CAPITAL FACILITIES PLAN (File 41241)
Council reviewed the draft five -year Capital Facilities Plan for 1984 -89.
Geoff Grote, Assistant Administrative Officer, briefly reviewed the agenda
report stating that it was staff's recommendation that Council review the
draft plan and have it forwarded to the Planning Commission for their
review. If Council had any particular questions, address them to staff so
that they might be forwarded to the Planning Commission.
Upon general consensus, Council referred the draft CFP to the Planning
Commission with direction to staff to prepare a transmittal letter to the
Planning Commission with comments as to the review process and what the
Council's expectations would be (5 -0).
C O M M U N I C A T I O N S
C -1 Staff
directed
to write a letter to Ken Haggard
denying
request to
'
co- sponsor
quality
control public hearings regarding
Diablo
Canyon (5 -0).
C -2 On motion of Councilwoman Dovey, seconded by Councilman Dunin, to deny
request by Melissa Morton for waiver of use permit fee. Motion carried
unanimously (5 -0).
There being no further business to come before the City Council, Mayor
Billig adjourned the meeting at 11:45 p.m. to Tuesday, January 8, 1985, at
7:00 p.m.
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Pa.ela Voges, Ci Clerk
APPROVED BY COUNCIL: 2/19/85
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