HomeMy WebLinkAbout09/01/1987City Counc i l Minutes p,•ra
;ilesday, SF�ptembNr 1. 1987 - 7:00 p.m.
r0NSE:Nr AGENDA
Moved by DoveyiRappa (5 -0), the Consent Agenda was approved as recommended
by the City Administrative Officer with the exception's of k.',.2. C -!) o-,,nd
C -13 as noted.
C -1 COUNCIL MT-NUTES
Cuuncii minutes of Tuesday. June 310. 1987 - 7:00 n. n.: Tuesday July -7.
1987 - 6:30 p.m.: Tuesday. J.cl_, i. 19E7 7:00 p.m.: :Monday. July 27. 19..7
1:00 o.m., were approved ,is amended (5 -0) .
C -2 CONTRACT PAY ESTIMATES
Contrart nay estimates and change orders approved and ordered pie id ns
amended. (5 -0) .
C -3 STREET ABANDONMENT (File #535)
Resolution of Intention No. 6298 (1987 Series), was adopted as recnmmencte,i
to abandon a portion of Prado Road right -of -way, easterly of South H.igoera
Street and public hearing set for October 20, 1987• at 7:10 p.m. (5 -0).
C -4 CONFLICT OF INTEREST (File #342)
Resolution No. 6299 (1987 Series). was adopted updating list of city
PM..oioyees and advisory body members required to file Conflict of Interest.
statements and Resolution No. 6102 rescinded as recommended (5 -ni.
C -5 FINAL MAP - TRACT 1260 ( Fiile =410 -1260)
Resolution__ No. 6300 (1987 Series), was adopted approving final mrp for
' Tract 1260, a 23 -unit residential condominium project located at 795
Nipomo Street; R -3 -S and R -3 zones; SLOBAK, Inc. (Cliff Hiatt).
subdivider, as recommended (5 -0).
C -6 PROPERTY ACQUISITION (File #161)
Resolution No. 6301 (1987 Series). was adopted approving acquisition of
property from Cal Trans for widening at Madonna Roa(i and Higuera Street
($68.300) and Mayor authorized to sign (5 -0).
C -7 APPOINTMENT TO BUSINESS IMPROVEMENT ASSOCIATION (File #475)
Bob Fuhrman appointed to the Business Improvement Association ilo.,ird of
Directors to fill an unexpired term ending 12 -31 -87 as recommended (5 -0).
C -3 AWARD OF BID - LAGUNA HILLS PARK (File x8 7-18)
Resolution No. 6302 (1987 Series) , was adopted awarding contract to Dennis
Landscape Company in the amount of 5163,367 for "Development of La!_Yuna
Hills Park." City Plan No. L19Y as recommended (5 -0).
C -9 MISSION PLAZA RESF.RVF, POLICY (fILE #113)
Resolution No. 6303 (1987 Series) , was adopted approving the !d.i::si.on Plaza
Reserve Policy Statement to contribute 550.000 annually with minor
amendment as suggested by Councilwoman Dovey (:5 -0).
C -10 PROMOTIONAL GRANTS (File =1051)
Resolution Nos. 6304 thru 6320 (1987 Series). were adopted approving
grants -in -aid contracts with 17 promotional groups for flsr_;1 yerg• 1087 -88
totaling $46.100: conceptually approved by Council on July 21. 1987 as
recommended. (5 -0).
C -11 AREA COORDINATING COUNCIL JPA (File x1155)
Resolution No. 6321 (1987 Series), was adopted approving the 1987 -88
annual JPA with the San L*nis Obispo Coordinating Cuunr.il as recommended
(;5 -0).
Ci n;% ,ouoc 1 :Minutes
Tuesday. September 1. 1987 - 7:00 p.m.
C -12 CREEK }i.al:\T=?'ANCE (F, i:e =597)
Resolution No. 6322 (1987 Series), Was adoptel approving agreement between
the City and San Iu.s Obispo County Flood Control District Zone 9 for
maintenance responsibility of Zone 9 creeks within city .limits as
recommended ( 5 -0) .
C -13 OLD MISSION WALL (File #872)
Staff recommendation approved authorizing city crews
the Mission wall adjacent to the plaza where damaged
- ir.tivities. ARC and Parks and Recreation Commission
the city as to appropriate bench or planner schemes
exceed $3.000 (5 -0).
to repair r n i
by "lission Pia-a
dirrctrld to ac(Visc'
Cot :_lie area not to
A D_V_I_S_0_R Y B 0 D Y A P P 0 T\ T M E N T
A. _HUMAN RELATIONS COMMISSION (File #125)
Council Subcommittee (Dovey /Rappa) recommended Lewis Benson to the Human
relations Commission for a term to expire 3- 31 -88.
!loved by Dovey /Rappa (5 -0), to appoint Lewis Benson to the Human Relations
Commission to fill an unexpired term expiring 3 -31 -88 as recommended.
P U B L I C H E A R I N G S
1. REZONING - OSOS (R 1310 ) (File #463)
Council held a public hearing to consider giving final passage to
Ordinance No. 1098, rezoning property at 1819 Osos Street from service
commercial /light industrial with special considerations /historic (C- S -S -H)
to retail- commercial with special considerations /historic (C- R- S -Ii): ,
Vintage Properties, applicant (continued from 8- 4 -87).
Hike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council give final passage to
Ordinance No. 1098. rezoning the property as recommended.
Mavor Dunin declared the public hearing open.
Mayor Dunin declared the public hearing closed.
Moved by Duvey / Rappa (5 -0), Ordinance No. _1093 (1937 Series). was given
final passage with minor ammendments as suggested by Councilwoman Dovey.
2. UNDERGROUND UTILITIES (File #563)
Council held a public hearing to consider granting final passage to
Ordinance No. 1097, modifying Underground Utility District NO. 11 to
provide undergrounding of overhead public utility lines and poles on So.
Higuera Street near South Street (continued from 7- 21 -87. 7 -27 -87 and
8- 4 -87).
Dave Romero. Public Works Director, briefly rev
with the recommendation that Council {rive final
Mt vor Dunin declared the public hearing open.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Griffin (4 -1, Rappa voting no),
Series), was given final passage, modifying the
District No. 11 as recommended.
3. APPEAI. - B.I.A. (File x536)
iewed the agenda report
passage as recommendori.
Ordinance :No. 1097 (.1937
Underground Utility
6ouncil held a public hearing to consider an .tppeai by Michael Frucht of a
decision by the Business Improvement Association to deny him the use of
re street in front of his business (Michael's Delicatessen) at 725
Hig.iera Street. on Thursdriy nights (continued from 3- 4 -87).
City Council Minutes Page 4
Tuesday, September 1. 1987 - 7:00 p.m.
Dodie Williams, B.I.A. Administrator, briefly reviewed the agenda report
with the recommendation that Council adopt a resolution denying the appeal
and supporting the B.I.A. Board decision. Staff was also recommending
that it work with the B.I.A. to further examine the existing rules and
regulations dealing with the process of issuing permits.
Doug Warschauer, co -owner of Etcetera, spoke against Mr. Frucht's appeal.
Pierre Yonkee representing the Farmer's Market. spoke in support of the
B.I.A.'s decision and urged denial of the appeal.
Tom Brown, owner of Brown's Shoe Fit, spoke in support of the B.I.A.'s
decision.
Ken Frommelt, Yogurt Shop, spoke against the appeal and urged the Council
to continue with the Thursday night activities as proposed by the B.I.A.
Dave Garth, 2046 San Luis Drive, spoke in support of the activities of
Thursday night and was opposed to Mr. Frucht's appeal.
John French, 973 Higuera St., urged denial of the appeal.
Dave Cox, 270 Foothill Blvd., an owner of Nothing But The Best, spoke in
support of the B.I.A.'s position.
John Bushnell, 1474 Perfumo Canyon, spoke in support of the B.I.A.'s
decision.
Ray Hartman, owner of a business on Broad St., did not support the appeal
and felt that no decision should be made tonight until additional
discussion had taken place between the B.I.A. and.Mr. Frucht.
Billy Parker, a contractor in the downtown area, did not feel that the
B.I.A.'s denial was justified. He therefore felt that an owner should be
given the first right of refusal and urged support of Mr. Frucht's
appeal.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Rappa (5 -0), Resolution No. 6323 (1987 Series), was
adopted denying the appeal and upholding the decision with suggested minor
amendments proposed by Councilwoman Dovey and Councilmember Griffin.
Further that staff be directed to work with the B.I.A. Board's existing
rules and regulations dealing with the process of issuing permits.
8:35 p.m., Mayor Dunin declared a recess. 8:45 p.m., City Council
reconvened, all Councilmembers present.
Public Comment: Staff was directed to report back regarding Mr. James
Maxwell's concerns regarding wastewater consultant issue. Also his
concerns regarding the homeless and his "Model Mugging" program.
4. BRUSH HAZARDS ADJACENT TO CITY (File #723)
Council considered vegetation and brush hazards adjacent to the City.
Mike Dolder, Fire Chief, brief.ly reviewed the agenda report with the
recommendation that Council direct staff to meet with the County to
discuss abatement of the 107 parcels peripheral to the City and
authorization to commit city funds.
Moved by Settle /Griffin (5 -0), staff was directed to meet with the County
to discuss abatement and authorized up to $15,000 for this purpose.
(Staff would bring back an accounting regarding final expenditure levels).
Mayor Dunin declared the public hearing open.
Michael Frucht, appellant, spoke in support of his appeal. He stated that
the B.I.A. had
previously
deviated from its adopted rules and regulations
and could again
amend them
to reflect rules that would allow him the right
to conduct his
business in
front of his shop.
Doug Warschauer, co -owner of Etcetera, spoke against Mr. Frucht's appeal.
Pierre Yonkee representing the Farmer's Market. spoke in support of the
B.I.A.'s decision and urged denial of the appeal.
Tom Brown, owner of Brown's Shoe Fit, spoke in support of the B.I.A.'s
decision.
Ken Frommelt, Yogurt Shop, spoke against the appeal and urged the Council
to continue with the Thursday night activities as proposed by the B.I.A.
Dave Garth, 2046 San Luis Drive, spoke in support of the activities of
Thursday night and was opposed to Mr. Frucht's appeal.
John French, 973 Higuera St., urged denial of the appeal.
Dave Cox, 270 Foothill Blvd., an owner of Nothing But The Best, spoke in
support of the B.I.A.'s position.
John Bushnell, 1474 Perfumo Canyon, spoke in support of the B.I.A.'s
decision.
Ray Hartman, owner of a business on Broad St., did not support the appeal
and felt that no decision should be made tonight until additional
discussion had taken place between the B.I.A. and.Mr. Frucht.
Billy Parker, a contractor in the downtown area, did not feel that the
B.I.A.'s denial was justified. He therefore felt that an owner should be
given the first right of refusal and urged support of Mr. Frucht's
appeal.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Rappa (5 -0), Resolution No. 6323 (1987 Series), was
adopted denying the appeal and upholding the decision with suggested minor
amendments proposed by Councilwoman Dovey and Councilmember Griffin.
Further that staff be directed to work with the B.I.A. Board's existing
rules and regulations dealing with the process of issuing permits.
8:35 p.m., Mayor Dunin declared a recess. 8:45 p.m., City Council
reconvened, all Councilmembers present.
Public Comment: Staff was directed to report back regarding Mr. James
Maxwell's concerns regarding wastewater consultant issue. Also his
concerns regarding the homeless and his "Model Mugging" program.
4. BRUSH HAZARDS ADJACENT TO CITY (File #723)
Council considered vegetation and brush hazards adjacent to the City.
Mike Dolder, Fire Chief, brief.ly reviewed the agenda report with the
recommendation that Council direct staff to meet with the County to
discuss abatement of the 107 parcels peripheral to the City and
authorization to commit city funds.
Moved by Settle /Griffin (5 -0), staff was directed to meet with the County
to discuss abatement and authorized up to $15,000 for this purpose.
(Staff would bring back an accounting regarding final expenditure levels).
City Council Minutes Page 5
Tuesday, September 1, 1987 - 7:00 p.m.
C O M M U N I C A T I O N S
Comm. 1 TORT REFORM LEGISLATION
Roger Picquet, City Attorney, briefly reviewed the reform legislation and
suggested that Council contact him for additional explanation if needed.
Comm. 2 CALIFORNIA MENS COLONY
Council requested that the Mayor and Councilwoman Rappa meet with CMC
Warden to review expansion and legislation concerns as indicated in
Assemblyman Seastrand's letter of 8/31%87. Council also encouraged the
Mayor and Councilwoman Rappa to amend draft letter to the Governor
expressing the city's concern regarding this issue.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 9:30 p.m. to Tuesday, September 8, 1987 at
5:30 p.m. (Joint City Council /Planning Commission Meeting).
Pam Voges, 'ty Clerk
APPROVED BY COUNCIL: 10 -20 -87
lb
ROLL CALL:
Councilmembers
Present
Absent
M I N U T E S
ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
TUESDAY, SEPTEMBER 8, 1987 - 5:30 P.M.
GlennaDeane Dovey, Penny Rappa and Mayor Ron Dunin
Vice -Mayor Robert E. Griffin and Allen K. Settle
Planning Commission Members
Present: Donna Duerk, Patrick Gerety, Linda Hainline, Jerry Reiss,
Richard Schmidt and Chair Janet Kourakis
Absent: Charles Crotser
City Staff
Present: John Dunn, City Administrative Officer; Roger Picquet,
City Attorney; Pam Voges, City Clerk: Michael Multari.
Community Development Director
A. GENERAL PLAN UPDATE (File #461)
Michael Multari, Community Development Director, gave brief introductions
to each of the Agenda items (please see staff report, File # 461).
Mayor Dunin reviewed agenda format and procedures.
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