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HomeMy WebLinkAbout03/19/1985City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 2 C -2 CLAIM AGAINST THE CITY - R. STOWE (File #189) Claim against the City by Roy Richard Stowe in the amount of $442.84 for damage to windshield allegedly caused by debris falling from city vehicle was denied as recommended. C -3 APPOINTMENTS THE CITIZENS' ADVISORY COMMITTEE (File #125)' Veronica French, Ingrid Reti and Henry W. Rible, III were reappointed to the Citizens' Advisory Committee for two -year terms expiring 3 -31 -87 as recommended. C -4 APPOINTMENTS TO THE HANDICAPPED BOARD OF APPEALS (File #125) Bill Bailey (handicap), David Singleton (member -at- large), and Peter Zuiderweg (construction) were reappointed to the Handicapped Board of Appeals for two -year terms expiring 3 -31 -87 as recommended. C -5 APPOINTMENT TO THE TREE COMMITTEE (File #125) Michael Zohns appointed to the Tree Committee to fill an unexpired term as recommended. C -6 APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE (File #125) Walter Johnson (senior), Walter Rice (Technical), Joseph Risser (Cal Poly), and Robert Traversi (public -at- large) were reappointed to the Mass Transportation Committee for two -year terms expiring 3- 31 -87; Gary Label (public -at- large) was reappointed for a one -year term expiring 3 -31 -86 as recommended. C -7 PUBLIC IMPROVEMENTS FOR TRACT 585 (File #410 -585) Resolution No. 5641 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted accepting public improvements for Tract 585 as recommended. C -8 PUBLIC IMPROVEMENTS FOR TRACT 807 (File #410 -807) Resolution No. 5642 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted accepting public improvements for Tract 807 as recommended. C -9 GROWTH MANAGEMENT REGULATIONS REVISION (File #466) Ordinance No. 1036 (1985 Series), an ordinance of the Council of the City of San Luis Obispo was introduced to print as recommended amending the Growth Management Regulations making Council consideration of requests for. student housing exemptions optional instead of mandatory. C -10 FINANCIAL MANAGEMENT SYSTEM (File #203) Resolution No. 5643 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving agreement with City National Bank for the lease purchase financing of the city's Financial Management Information System as recommended. C -11 HYDROELECTRIC FACILITY (File #521) Resolution No. 5644 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted authorizing staff to negotiate with Energy Partners to prepare a contract for the design, financing and construction of a hydroelectric facility. P R E S E N T_A T I 0 N A. EXCELLENCE IN PROGRAMMING - SLO RECREATION City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 3 Terry Conner, Chairman of the Park and Recreation Commission, presented the award "Excellence in Programming" from the California Park and Recreation Society and the National Park and Recreation Association to the City Council. The award was given for outstanding triathalon competition with other cities in the Pacific Southwest. A D V I S O R Y B 0 D Y A P P O I N T M E N T S B. APPOINTMENT TO THE HOUSING AUTHORITY (File #125) ' On motion of Councilman Dunin, seconded by Councilman Settle, to reappoint Steve Nelson to the Housing Authority for a four -year term expiring 3- 31 -89. Motion carried unanimously (5 -0). C. APPOINTMENTS TO THE PARK AND RECREATION COMMISSION (File #125) On motion of Councilman Griffin, seconded by Councilman Settle, to reappoint Norma Bixby, Terry Conner and Barry Karleskint to the Park and Recreation Commission and to appoint Susan Langston to the Commission for two -year terms expiring 3 -31 -87 and Bruce Langford and Paul Orton for one -year terms expiring 3- 31 -86. Motion carried unanimously (5 -0). D. APPOINTMENTS TO THE PLANNING COMMISSION (File #125) Councilman Dunin stated as Chair of the Planning Commission appointment subcommittee (Dunin / Billig), that the subcommittee was unable to make a unanimous report and were, therefore, submitting separate reports. He explained his appointment selection pursuant to his memorandum dated March 18, 1985, with the recommendation that Council reappoint Patrick Gerety, Tom Patterson and Jerry Reiss for two -year terms to expire 3- 31 -87. Mayor Billig stated that she also was supportive of reappointments for Mr. Gerety and Mr. Reiss and although there was nothing personal as far as Mr. Patterson was concerned, she felt that in order to have a better balanced commission, she would recommend the appointment of Janet Kourakis to that position. Councilman Griffin stated that he supported the recommendation by Councilman Dunin, however, if the majority was to support a different person, he would not vote against the person as he was not opposed to someone else in that position. He felt that Mr. Patterson had not had sufficient opportunity to be evaluated properly. Councilmembers Settle and Dove y also felt the Commission could be better represented by changing the Commission to provide for a better balance and could support appointment of Janet Kourakis to the Planning Commission. On motion of Councilman Griffin, seconded by Councilman Settle, to reappoint Patrick Gerety and Jerry Reiss to the Planning Commission for two -year terms expiring 3- 31 -87. Motion carried unanimously (5 -0). On motion of Councilman Dunin, seconded by Councilman Griffin, to reappoint Tom Patterson to the Planning Commission for a two -year term expiring 3- 31 -87. Motion failed on a 2 -3 vote, Councilmembers Dovey, Settle and Mayor Billig voting no. On motion of Mayor Billig, seconded by Councilman Griffin, to appoint ' Janet Kourakis to the Planning Commission for a two -year term expiring 3- 31 -87. Motion passed on a 4 -1 vote, Councilman Dunin voting no. P U B L I C H E A R I N G S 1. UNION OIL FRANCHISE (File #145) Council held a public hearing to consider an ordinance granting a franchise to Union Oil Company (continued from 8- 21 -84, 9- 18 -84, 10 -2 -84, 10 -16 -84 and 2- 19 -85). Wayne Peterson, City Engineer, reviewed the agenda report stating that the recommended action was to introduce the ordinance to print which would grant a franchise to the Union Oil Company. He then reviewed some of the problems that had been inherent with the Union 011 lines in Elks Lane at City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 4 San Luis Creek. Staff had raised the issue with Union Oil over the years that this area needed to have these lines relocated. Union Oil agreed, however, it would be at the cost to the city. Mr. Peterson suggested that it might be possible to include this as a part of the franchise. Mayor Billig declared the public hearing open. Michael Morris, representing Union Oil Company, urged the Council to go ahead with the franchise this evening and let staff resolve with Union Oil the other issue at a later date. Councilman Griffin also questioned why that a shorter franchise term might not be more practical than the standard 25 years. Mr. Morris felt that the standard lease throughout the State provided for 25 years or longer and would urge the Council to leave it as is. Mayor Billig declared the public hearing closed. On motion of Mayor Billig, seconded by Councilman Settle, to continue the public hearing with direction to staff to work with Union Oil on the issue of relocating the line in Elks Lane at San Luis Creek to the satisfaction of the Public Works Director in a timely manner. Also, that section 4 -3 entitled "Emergency Excavation" be amended to provide a better notification procedure and further, that staff relook at the term of the franchise to a lesser term than the 25 years. Motion carried on a 4 -1 vote, Councilman Griffin voting no. 2. TENTATIVE MAP - TRACT 1232 (File #410 -1232) Council held a public hearing to consider a Planning Commission recommendation to deny tentative map approval for Tract 1232, creating a 14 -unit residential planned development condominium complex at 1490 Descanso Street; R -1 zone; Laguna Hills Estates, subdivider. Staff recommendation was that this item be continued to date certain April 2, 1985. On motion of Councilman Settle, seconded by Mayor Billig, to continue the hearing to April 2, 1985, to allow additional discussion on the necessary project changes as recommended. Motion carried unanimously (5 -0). 8:16 p.m. Mayor Billig declared a recess. 8:25 p.m. City Council reconvened, all Councilmembers present. 3. TENTATIVE MAP - TRACT 1148 (File #410 -1148) Council held a public hearing to consider a Planning Commission recommendation to grant tentative map approval for Tract 1148 (Rustic Gardens), creating an 8 -unit residential air -space condominium complex at 670 Chorro Street; R -4 zone; Chorro Street Partnership (Barry Williams), subdivider. Toby Ross, Community Development Director, reviewed the agenda stating that it was staff recommendation to approve the tentative map as submitted. Mayor Billig declared the public hearing open. Barry Williams, project architect, reviewed some of the amendments that they had made since it was originally submitted and urged Council's approval. Morris , owner of a condominium project next to the proposed subdivision, was concerned about who would occupy it. He felt that it would probably be students and did not feel that there was sufficient parking available. If it was to be for the elderly, he did not feel that the stairs would allow proper access. He felt the building was too high and incompatible with the surrounding neighborhood. Mayor Billig declared the public hearing closed. City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 5 Mayor Billig felt that the site was a difficult one to develop. She was concerned about the height, noise, parking and guest parking areas. Councilman Settle was concerned about the density issue. Councilwoman Dove y agreed with comments made by Councilman Settle and Mayor Billig. Councilman Dunin felt it was a good project and did not feel that the density was excessive. On motion of Councilman Griffin, seconded by Mayor Billie, to deny the project without prejudice to provide applicant opportunity to resubmit the map addressing those concerns as expressed by Council this evening. Motion passed on a 4 -1 vote, Councilman Dunin voting no. 4. ROUGEOT PLACE (File *463) Council held a public hearing to consider a Planning Commission recommendation to amend the land use element map for property at 814 Rougeot Place to change the designation from low- density residential to medium - density residential and consideration of rezoning property from R -1 to R -2 -PD to develop a 32 -unit residential condominium and a 24 -space commercial parking lot; Medici Equities, applicant. Jeff Hook, Associate Planner, reviewed the agenda report and gave a slide presentation on the project. He stated that staff recommended the Council adopt the resolution to amend the General Plan and introduce the ordinance to print which would rezone the site from R -1 to R -2 -PD and approve the preliminary development plan. Mayor Billig declared the public hearing open. Greg Di Rienzo, 23 Pinor Street, Newport Beach and applicant, stated that ' they were in various stages of several of these kinds of affordable elderly housing projects and that they had been most successful throughout the State. He responded to several concerns that had been raised previously by Councilmembers. He was concerned with the effect that some of the recommended conditions might have on the saleability of the units. Bruce Fraser, project architect, reviewed the project and explained that there were also a couple of members in the community who had wished to speak in support of the project but were unable to be present, the Housing Authority and Frank Piperato, a neighbor. Robert Barrows, 770 Meinecke Street, felt that the density was too high and urged the Council to deny the proposal. Rick Kirk, 747 Rougeot Place, was concerned about the density and parking issues and referred to his letter dated'March 18, 1985, and also felt the project was incompatible with the surrounding neighborhood. Roberta Foster, 748 Meinecke Street, was opposed to the project, it was not in a good location and was afraid that it would revert to student housing. Ken Kohlen, 75 Benton Way, was opposed to the project, particularly because of who would live there. Chrissi Hewitt, 69 Benton Way, stated her opposition to the project primarily due to the poor access, traffic circulation, etc. Betty Nicholson, 30 Chorro Street, was opposed to the project due to access, noise and incompatibility with the neighborhood, traffic problems, circulation, and parking. Arlene Zanchuck, 26 Chorro Street, also was opposed to the project and felt that the entire area was growing in the wrong direction. The parking was the most critical problem and that was due to Burger King. Ted Foster, 748 Meinecke Street, agreed with comments made by the previous speakers and he too would oppose the project. City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 6 Mark Adams, 783 Rougeot Place, felt that the speed was excessive. George Wiech, 862 Meinecke Street, was opposed. John Phillips, 741 Meinecke, was concerned with lack of compatibility with the adjacent residential neighborhood. Don Smith agreed with previous speakers opposed to the project and urged the Council to leave it as R -1. Bruce Fraser, project architect, then responded to some of the concerns I again urging Council's approval. Mrs. Nicholson also stated that she was concerned with the fire hazards in this area. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Mayor Billig, to deny the project. Motion carried unanimously (5 -0). 10:30 p.m. Mayor Billig declared a recess. 10:50 p.m. City Council reconvened, all Councilmembers present. B U S I N E S S I T E M 5. PUBLIC ART PROGRAM (File #477) Council considered a resolution establishing a city -wide art -in- public - places program (continued from 1- 8 -85). Jeff Hook, Associate Planner, reviewed the agenda report recommending that Council adopt the resolution to support an art -in- public - places program, which was primarily an incentive program rather than mandatory. Mayor Billig asked for public comment. 1 Pat Gerety, representing the Planning Commission, reviewed their comments in more detail than the minutes reflected in the Council's packet. Deborah Spatafore, 1794 San Luis Drive and President of the San Luis Obispo Arts Council, urged the Council to support this kind of program. Gini Allen, also spoke in support of this program, felt it was important that it be encouraged and as many incentives as possible be offered. She would urge support of Alternative #2. Donna Duerk, 543 Dana Street, agreed with previous comments. Also, would hope that the community might get behind this. Chrissie Hewott, 69 Benton Way, urged support of the Arts program. Councilman Griffin was concerned that the city not get involved with judging actual art projects. He was supportive of the program and offered some minor amendments to the resolution. Councilwoman Dove y stated she would also support Alternative #1. Councilman Dunin also made some suggestions to the resolution and suggested the possibility of some kind of a grant fund be established to help in this way. On motion of Councilman Griffin, seconded by Councilman Settle, Resolution No. 5645 (1985 Series), a resolution of the Council of.the City of San Luis Obispo be adopted establishing an arts -in- public - places program with amendments as suggested by Councilmembers Griffin and Dunin. Resolution adopted unanimously (5 -0). C O M M U N I C A T I O N S C -1 Staff directed to respond to Kesterson issue. City Council Minutes - Tuesday, March 19, 1985 - 7:00 p.m. Page 7 C -2 Staff directed to respond to Leon Panetta's request on behalf of the Social Security Administration need for space to hold hearings. C -3 Mayor announced that gifts received (1 painting /1 sculpture) from Austrian officials, the picture to be placed at City Hall and Mayor to hold sculpture until a secure space is available. (Eventually to be placed in community library center or performing arts center.) C -4 Mayor directed to look into request by City of Mondsee, Austria, regarding possible sister city or development of cultural activities exchange program. C -5 Budget review schedule approved (5 -0). 11:35 p.m. Council convened to closed session to discuss pending lititigation: 1) Rodgers v. City, case #65931; 2) closed session under Government Code Section 54956.8 to give instructions to the city's negotiator regarding negotiations with Knight, Towle, Sage and Johnson, CPA's Inc., concerning the purchase of the property located at 860 Pacific Street, San Luis Obispo. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 1:00 a.m. Tuesday, April 2. 1985, at 7:00 p.m. i I Pa la Voges, City C1 k APPROVED BY COUNCIL: 4 -16 -85 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 2, 1985 - 7:00 P.M. COUNCIL CHAMBER, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Vice -Mayor Allen K. Settle and Mayor Melanie C. Billig Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Geoff Grote, Assistant Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk: Toby Ross, Community Development Director; Dave Romero, Public Works Director; Wayne Peterson, City Engineer: Mike Dolder, Public Safety Director; Bill Hetland, Utilities Manager; Jeff Hook, Associate Planner ------------------------------------------------ -------------------- - - - - -- 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 the Administrative Officer (5 -0). The following actions taken as indicated: I . I �i-