Loading...
HomeMy WebLinkAbout01/07/1986CITY COUNCIL MIUTES - TUESDAY, JANUARY 7, 1986 - 7:00 P.M. PAGE 2 C O N S E N T A G E N D A Moved by Settle/Rapp a (5 -0), to approve the consent agenda as recommended by the Administrative Officer with amendments to items C -3 and C -5 as noted. The following actions taken as indicated: C -1 COUNCIL MINUTES (VOGES) Council minutes of Tuesday, November 19, 1985 - 7:00 p.m. were approved as amended (5 -0). C -2 CONTRACT PAY ESTIMATES (ROMERO) Contract pay estimates and change orders approved and ordered paid as recommended (5 -0). C -3 DECLARING SURPLUS PROPERTY (LANSPERY - 165) Moved by Griffin /Settle (4 -1, Mayor Dunin voting no), to adopt Resolution No. 5862 (1986 Series), as revised declaring building at 979 Palm Street as surplus and CAO authorized to solicit request for proposals for its relocation with recommendation to be returned by March 18, 1986 (5 -0). C -4 B.I.A. BYLAWS AMENDMENT (LANSPERY - 472) Resolution No. 5863 (1986 Series), was adopted approving amendment to the Business Improvement Association bylaws to include the Thursday Night Shopping Committee to the list of standing committees as recommended C -5 DEEP POCKET LEGISLATION (HENDERSON - 322) Resolution No. 5864 (1986 Series), was adopted supporting "Fair Responsibility Act of 1986" initiative for the June ballot as amended A P P O I N T M E N T S A. ADVISORY BODY APPOINTMENTS (DOVEY /DUNIN - 326) Moved by Settle/Rapp a (5 -0), to appoint Mike Morris, Ken Schwartz, J.H. Fitzpatrick, Lynn Cooper, Conrad Byars, Hazel Jones and Marlaine Hubbard to the Election Campaign Regulations Ordinance Committee as recommended. B U S I N E S S I T E M 1. SOLICITORS /PEDDLERS (PICQUET /478 - 15 min.) Council considered a.report from the City Attorney regarding solicitors, peddlers and related subjects (continued from 12- 17 -85). Roger Picquet, City Attorney, reviewed the agenda report with the. recommendation that Council reach consensus on the commercial use of public streets which would include discussion of pushcarts, etc. throughout the city, including the downtown area. Further, that staff be directed to prepare the necessary code text amendments as discussed. Giselle Naylor, 1721 Johnson Avenue, gave a lengthy report and spoke in opposition of restricting peddlers from participating on Thursday nights. John French, 973 Higuera Street and President of the B.I.A., spoke in support of making necessary amendments to the current ordinance which would allow the B.I.A. to continue to have jurisdiction over commercial use in the B.I.A. district. He felt that the events on Thursday nights Mayor. Dunin asked for public comment. John Bushnell, 55 Lawrence Drive and representing the B.I.A., spoke in support of leaving the process as is and permit B.I.A. business participation on Thursday nights and restrict outside businesses from selling within the B.I.A. boundary. This would conform with a primary purpose of establishing the B.I.A. i.e. to promote the downtown. Giselle Naylor, 1721 Johnson Avenue, gave a lengthy report and spoke in opposition of restricting peddlers from participating on Thursday nights. John French, 973 Higuera Street and President of the B.I.A., spoke in support of making necessary amendments to the current ordinance which would allow the B.I.A. to continue to have jurisdiction over commercial use in the B.I.A. district. He felt that the events on Thursday nights CITY COUNCIL MIUTES - TUESDAY, JANUARY 7, 1986 - 7:00 P.M. PAGE 3 should be considered a special -event activity and felt it would be unfair to allow other businesses to participate as the B.I.A. merchants are required to provide clean -up fees, barricades, insurance, etc. Further, the B.I.A. is concerned about the activity itself. He felt that they were the ones that meet on a regular basis and work hard to keep the downtown active. Upon question, he stated that they had established guidelines but would welcome the Council's review on a yearly basis. Maggie Cox, Director of Governmental Affairs for the Chamber of Commerce, I asked that the Chamber be involved in any future discussions and recommendation concerning this matter. Edward Tuleja, 1348 Royal Way and owner of Chapter One, stated that he had contacted the City over a year ago in regard to this matter and had still not received a response. He urged that the B.I.A. not be granted exclusive rights and that other groups should be allowed to participate in Thursday night activities. Pete Evans, 2040 Rachel Street, agreed with comments made by the previous speaker that no one should be denied the right to sell in the downtown area. John Sakelson felt that it would only be fair to charge some $ amount to outside vendors should they desire to sell downtown. Dudsley Groot, President of the Farmers Market in Santa Maria, 2250 Crystal Street, stated he used to sell flowers at the Farmers Market and has now been restricted. He urged that the Farmers Market, who's policy is to sell what you grow, should not restrict his flower business. He would also support keeping the Farmers Market separate from the B.I.A. Councilman Griffin felt it was important that the downtown also be given an opportunity to be rejuvenated. He would suggest that staff be directed to propose amendments to the Municipal Code which would provide an authorizing framework for the B.I.A. to apply and obtain an annual exclusive permit authority for Thursday night activities in public streets with the understanding that the guidelines for those activities be recommended by the B.I.A. and approved by the City Council. He did feel there was a connection between peddlers and Thursday night activities and would not be opposed to reviewing the sidewalk sales ordinance as well. Councilman Settle stated he could support an exclusive permit for the B.I.A. as they were the ones who have made the investment and have provided for insurance, etc. He felt that other areas of the city could establish a similar activity as the B.I.A. has. He would urge the Chamber of Commerce to be involved in this review as well. Councilwoman Rapp a stated she basically agreed with the provision to allow an exclusive permit. She felt that the permit should be considered as a special event. After discussion and upon consensus, staff was directed to bring back amendments to the Muni Code providing a framework to allow B.I.A. to hold an annual exclusive permit for Thursday night activities in public streets (guidelines to be recommended by B.I.A. and approved by Council). Staff directed to work with the B.I.A., Chamber, peddlers, solicitors, and other interested individuals /groups, to recommend ordinance(s) amendments (broadly defined) to limit sidwalk vendors /peddlers to special events and establish criteria for permit application. Staff to review the relationship between the Farmers Market and B.I.A. (5 -0). P U B L I C H E A R I N G S 2. SUBDIVISION APPROVALS (ROMERO /410- 926 -1034 -1064 - 5 min.) Council held a public hearing to consider the following actions relating to the Terrace Hill Development; R -1 -PD zones; Cuesta Valley Properties (John French), subdivider (continued from 12- 17 -85): A. consideration of granting final street abandonments of portions of Florence, Leona, Haskin, Bushnell and William Streets; continued from 4- 15 -80; CITY COUNCIL MIUTES - TUESDAY, JANUARY 7, 1986 - 7:00 P.M. PAGE 4 B. consideration of granting final map approvals for: 1) Tract 926 (Buena Vista Estates), creating a 27 -unit residential planned development condominium complex at 2030 -2031 Binns Court; 2) Tract 1034 (Leland Terrace), creating a 40 -unit residential planned development condominium complex at 2200 Florence Avenue; & 3) Tract 1064 (Bishop Street), creating a 9 -lot residential subdivision at 1300 Bishop Street. 2A. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt the resolution abandoning portions of William and Bushnell Streets, Haskin, Florence, and Leona Avenues in the Terrace Hill planned development area. Mayor Dunin declared the public hearing open for item 2A. Pete Evans stated he was opposed to using William Street as a feeder street. Jesse Treanor, 2290 Augusta Street, stated that he was still opposed to the project. He was primarily concerned about the property the city had taken for a pump station many years ago which he now understood had been sold to the subdivider when in fact it should have been deeded back to the property owner. Mayor Dunin declared this portion of the public hearing closed. After discussion and clarification it was moved by Settle /Griffin, (5 -0), to adopt Resolution No. 5865 (1986 Series), granting final street abandonments as recommended. 2B. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt the resolution approving the final maps for Tracts 926, 1034 and 1064 as recommended. Mayor Dunin declared the public hearing open. Pete Evans again questioned the abandonment of Rachel Street. He was opposed to any access given to Rachel. John.French, as the developer, explained the requirement by city staff that he participate in the future possible improvement of Rachel Court. He stated that they would be happy to get back the $1,000 that was required by the City to pay for a share of future improvements. Mayor Dunin_ declared the public hearing closed. After brief discussion, moved by Settle/Dove y (5 -0), to adopt Resolution No. 5866 (1986 Series), granting final map approvals for Tracts 926, 1034 and 1064 as recommended. City Attorney was directed to review and report back on Mr. Jesse Treanor's concerns (5 -0). 3. ENERGY CONSERVATION (ROSS /494 - 5 min.) Council held a public hearing to consider giving final passage to Ordinance No. 1052, amending the findings required to grant exceptions to condominium development standards (continued from 12- 17 -85). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council give final passage to the ordinance as introduced. Mayor Dunin declared the public hearing open. Rick Webster, 1715 LaLuna, again urged that the Council not adopt this ordinance. If the ordinance was to be adopted, he would prefer that the Council delete the solar water requirement. He would still like some means by which his future subdivision would be able to qualify for the exception provided when Council initially directed staff to provide for CITY COUNCIL MIUTES - TUESDAY, JANUARY 7, 1986 - 7:00 P.M. PAGE 5 solar exceptions. It was his understanding that this ordinance was before the Council as a direct result of the project that he had previously submitted. The Council at that time could not make the findings necessary to allow an exemption and, therefore, directed staff to prepare the ordinance. He felt that the problem still existed in that the regulations before the Council would still not make the project eligible for an exception. Upon question, Toby Ross stated that the developer would be eligible to apply for an exception but would not necessarily be granted it. Mr. Webster again reminded the Council that the regulations committee had also recommended against the solar heating requirement. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Dovey /Rappa (5 -0), to give final passage to Ordinance No. 1052 (1986 Series), amending the findings required to grant exceptions to condominium development standards as recommended. 4. APPEAL - 651 FOOTHILL BLVD. (ROSS /407 - 30 min.) Public hearing to consider an appeal by Jacob Roberta Foster of a decision by the Community grant a negative declaration of environmental 132 -unit air -space condominium complex at 651 Las Colinas Partnership (Patrick Smith), repr 12- 17 -85). Feldman and Theodore & Development Director to impact for a proposed Foothill Blvd. (Tract 1343); >sentative (continued from Pam Voges, City Clerk, stated that the Council had received a letter from the applicant, Patrick Smith, stating that they were withdrawing their project and, therefore, the appeal was moot. Council concurred (5 -0). 5. APPEAL - HIGUERA STREET WIDENING (ROSS /407 - 20 min.) Council held a public hearing to consider an appeal by James F. Gates, representing the Ark, of a decision by the Community Development Director to approve a negative declaration concerning the widening of Higuera Street based on an initial study of environmental impact; (Estate of Gerald B. Evans, property owners). Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution which would deny the appeal of the Community Development Director's approval of a negative declaration for widening Higuera Street between High Street and Cal Trans Offices. Mayor Dunin declared the public hearing open. Jim Gates, 158 Higuera Street, stated that he and another tenant of the Ark, Mark Geneski, had some concerns as to how the tenants might be later displaced as a result of the proposed widening. He stated there were approximately 18 tenants and the rent was low- -only about $70 /month. That being the case, it would be very difficult to find housing of a similar cost elsewhere in the city. He would ask that the Council deal with them fairly at the time of displacement. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Griffin /Rappa (3 -2, Dovey & Dunin voting no), to adopt Resolution No. 5867 (1986 Series), upholding the appeal with direction to staff to prepare an expanded initial study of environmental impact to include a further evaluation of socio- economic factors and project mitigation options relating to potential housing displacements. 6. GROWTH MANAGEMENT (ROSS /466 - 20 min.) Council considered a request for Growth Management Exception for a student housing project consisting of a 21 -unit residential condominium complex at 1139 Foothill Blvd.; R -4 zone; J. Michael Brady, AIA, applicant. 1 n III 1 CITY COUNCIL MIUTES - TUESDAY, JANUARY 7, 1986 - 7:00 P.M. PAGE 6 Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution which would deny the exception with recommended findings. Mayor Dunin asked for public comment. Michael Brady, applicant, spoke in support of the exemption. Mayor Dunin closed the public portion. Moved by Dovey /Griffin (4 -1, Dunin voting no), to adopt Resolution No. 5868 (1986 Series), denying student housing exception to the Growth Management Regulations for condominium complex at 1139 Foothill Blvd. as recommended. Mayor Dunin felt that the student housing need was an over - riding public purpose and, therefore, could not support the denial. C O M M U N I C A T I O N S C -1 RADIOACTIVE WASTES Council consensus to hold a future educational workshop on the status of hazardous materials and their transportation throughout the City. 10:35 p.m. Mayor Dunin adjourned the meeting to closed session under Govt. Code Section 54956.8 to give instructions to the Administrative Officer and Public Works Director concerning negotiations with Kathy Vargus representing the Lietcher family to purchase real property interests at the south east side of Monterey Street between Broad and Nipomo; in addition the Council would discuss pending litigation under Govt. Code Section 54956.9(A) in the matters of Chumash Village Investments vs. San Luis Obispo (superior court) and Ricardo Vieulleauz vs. San Luis Obispo. 11:30 p.m. City Council reconvened in open session, all Councilmembers present. There being no further business to Come before the City Council, Mayor Dunin adjourned the meeting at 11:30 p.m.�t�uesday, January 14, 1986, 7:00 p.m. J ) APPROVED BY COUNCIL ROLL CALL Councilmembers 4 -15 -86 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 14, 1986 - 7:00 P.M. COUNCIL CHAMBER, CITY HALL, 990 PALM STREET SAN LUIS OBISPO.-CALIFORNIA at Present: Vice -Mayor GlennaDeane Dovey, Councilmembers Robert Griffin, Penny Rappa, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Roger Picquet, City Attorney; Pamela Voges, City Clerk; Dave Romero, Public Works Director; Roberta Goddard, Finance Director; Bill Hetland, Utilities Manager; Dixon Flynn, Financial Systems Manager