HomeMy WebLinkAbout11/19/1985M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 19, 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; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Toby Ross, Community
Development Director; Dave Romero, Public Works Director;
Mike Dolder, Fire Chief; Steve Henderson, Assistant to the
City Administrative Officer; Jim Stockton, Recreation
Director; Jeff Hook, Associate Planner; Mike Alamo, Senior
Recreation Supervisor
C O N S E N T A G E N D A
Moved by Settle /Dunin, (5 -0) the consent agenda was approved as D
recommended by the Administrative Officer with the exception of Continued
items C -9 and C -14 as noted. The following actions taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Tuesday, September 3, 1985 - 7:00 p.m.; Monday,
September 23, 1985 - 12:10 p.m.; Tuesday, September 24, 1985 - 7:00 p.m.;
Tuesday, October 1, 1985 - 7:00 p.m.; Tuesday, October 15, 1985 - 7:00
p.m.; Tuesday, October 22, 1985 - 12:10 p.m. were approved as amended
(5 -0).
C -2 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders approved and ordered paid as
recommended (5 -0).
C -3 CLAIM AGAINST THE CITY - CALIFORNIA CASUALTY CO. (NUNGARAY) (File
#189)
Claim against the City by California Casualty Co. in the amount of $1,721
for damages to vehicle owned by Tom Nungaray allegedly caused by City fire
truck was denied as recommended (5 -0).
C -4 CLAIM AGAINST THE CITY - LEPLEY (File #189) D
Claim against the City by Melba Lepley in the amount of $1,046.50 for
damages allegedly caused by improper sewer line connection at 520 Kentucky
Avenue was denied as recommended (5 -0).
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 2
C -5 ADVISORY BODY APPOINTMENTS (File #475)
Appointments of Nancy Poe and Bob Vasquez approved to the Business
Improvement Association confirmed with terms to expire 12 -31 -86 as
recommended (5 -0).
C -6 ADVISORY BODY APPOINTMENTS (File #125)
Appointments of Jack Dewar (3- 31 -86) and Chris Geunther (3- 31 -87) approved
to the Joint Use Committee as recommended (5 -0).
C -7 PROPERTY ACQUISITION (File #168)
Resolution Nos. 5819 and 5820 (1985 Series), were adopted approving option
agreement and authorizing supplemental appropriation with the Evans Family
to purchase property at 142 Higuera Street as recommended (5 -0).
C -8 PUBLIC IMPROVEMENTS - TRACT 939 (File #410 -939)
Resolution No. 5821 (1985 Series), was adopted accepting final public
improvements for Tract 939 as recommended (5 -0).
C -9 FIRE HYDRANTS (File #722)
Consideration of requiring fire hydrants to be installed along both sides
of all street designated by the General Plan Circulation Element as
highways, thoroughfares, or arterials continued to date uncertain (5 -0).
C -10 CONSULTANT SERVICES (File #401)
Resolution No. 5822 (1985 Series), was adopted approving agreement with
Sanchez Talarico to prepare environmental study in connection with the
Monterey Street Plan Line ($22,000) as recommended (5 -0).
C -11 CONSULTANT SERVICES (File #401)
Moved by Dovey /Griffin (4 -1, Settle voting no), to authorize staff to
negotiate a contract with Quad Consultants for completion of an.office
supply /demand study ($17,666) as recommended by staff.
Councilman Settle stated he felt the study was an important one but was
opposed to the study due to the projected high.cost. (Staff's original
estimate was $10,000.)
C -12 REPORT ON BID PROPOSALS - BUS PURCHASES (File #162)
Resolution No. 5823 (1985 Series), was adopted awarding contract to Gillig
Corporation to furnish three 35 -foot transit coaches and engine package to
the City as recommended (5 -0).
C -13 CHRISTMAS BUS USE - B.I.A. (File• #472)
Resolution No. 5824 (1985 Series), was adopted authorizing a no -fare city
bus system in the downtown from December 14 -24, 1985, as recommended
(5 -0).
C -14 JOINT -USE OF TRANSIT COACHES (File #542)
Consideration of joint use of transit coaches by the City of San Luis
Obispo and North Coastal Transit continued to date uncertain (5 -0).
C -15 ADVERTISING (File #1059)
Request for Proposal approved for advertising services for the Promotional
Coordinating Committee ($70,000) and staff authorized to solicit for
proposals as recommended (5 -0).
C -16 ADVISORY BODY HANDBOOK (File #121)
Resolution No. 5825 (1985 Series), was adopted approving the revised
Advisory Body Handbook as amended (5 -0).
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 3
A -C -17 SISTER CITY PROGRAM (File #859)
Resolution No. 5844 (1985 Series), was adopted authorizing a formal sister
city relationship with Mondsee, Austria as amended (5 -0).
PRESENTATIONS /ADVISORY BODY APPOINTMENT
A. PRESENTATION FROM THE RED CROSS
George Brown, representing the San Luis Obispo Chapter of American Red
Cross, presented Certificates of Recognition for extraordinary personal
action to Police Officers Bresnahan, Tolley, and Dunn, for utilizing Red
Cross life saving skills to save a drowning victim.
B. PRESENTATION FROM AIA
Barry Williams, President of the Central Coast Chapter of the American
Institute of Architects, presented the City Council with an award for the
City Corporation yard.
C. ADVISORY BODY APPOINTMENT (File #125)
Moved by Dunin /Settle, (5 -0) to appoint Bill Moldt to the Housing
Authority to fill an unexpired tenant term to expire 3 -31 -87 as
recommended.
P U B L I C H E A R I N G S
1. SMOKING ORDINANCE (File #703)
Council considered an ordinance to prohibit smoking in the workplace.
Steve Henderson, Assistant to the City Administrative Officer, gave a
brief report with the recommendation that Council introduce an ordinance
to print which would prohibit smoking in the workplace. He also submitted
an addition to the amendment that was forwarded to Council today which
included limiting the effect of the ordinance to a workplace with five or
more employees.
Mayor Billig declared the public hearing open.
Dr. Brian Patterson, 1284 Descanso and representing the American Lung
Association, spoke in support of the smoking ordinance.
Dick Wickstrom, 2434 Leona, spoke in opposition to the ordinance and
stated that even though he was a non - smoker, he did not feel that the
government should regulate in the private workplace.
Maggie Cox, Director of Governmental Affairs for the Chamber of Commerce,
stated that it was supported by a unanimous decision of their committee
which studied the ordinance and urged Council's approval.
Jeff Jorgensen stated he had been instrumental in writing the ordinance
and was therefore urging Council's support.
Mayor Billig declared the public hearing closed.
Moved by Griffin /Settle, (5 -0) to introduce Ordinance No. 1048 (1985
Series), prohibiting smoking in the workplace as amended.
2. FINAL MAP APPROVAL - TRACT 1165 (File #410 -1165)
Council held a public hearing to consider granting final map approval for
Tract 1165, creating a six -unit industrial air -space condominium at 265'
Prado Road; Mark Wheeler, subdivider.
Dave Romero, Public Works Director, briefly reviewed the agenda report
recommending adoption of the resolution granting final map approval.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed final map. Mayor Billig declared the public hearing
closed.
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 4
Moved by Dovey /Griffin, (5 -0) to adopt Resolution No. 5826 (1985 Series),
approving final map for Tract 1165 as recommended.
3. INTERIM REGULATIONS - OFFICE DEVELOPMENT (File #431)
Public hearing to consider granting final passage of Ordinance No. 1046,
establishing interim regulations for a Council use permit process for new
office buildings in excess of 5,000 sq. ft. in the office zone (continued
from 9 -24 -85 and 10- 15 -85).
' Toby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council give final passage to the
ordinance as introduced.
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed passage. Mayor Billig declared the public hearing
closed.
Moved by Dovey /Settle, (3 -2. Dunin and Griffin voting no) to give final
passage to Ordinance No. 1046 establishing interim regulations as
recommended.
Councilman Griffin stated that his no vote was given because he felt it
was more important to provide early efforts in reviewing the land use
policy issues. The interim regulations were not needed for the one or two
applications that might come in.
4. GENERAL PLAN AMENDMENT & REZONING GP /R 1202 (File #463)
Council held a public hearing to consider a Planning Commission
recommendation to amend the Land Use Element Map and Zoning Map to change
the designations of approximately 2.34 acres from service - commercial (C -S)
to neighborhood - commercial, with special considerations (C -N -S) located at
55 and 65 Higuera Street; Pacific Coast Coal & Lumber Co., applicant.
Jeff Hook, Associate Planner, reviewed the agenda report with the
recommendation that Council adopt the resolution which would amend the
General Plan from service - commercial /light industrial to neighbor-
hood- commercial and pass to print the ordinance which would rezone the
site from C -S to C -N -S.
Mayor Billig declared the public hearing open.
Stephen P. Ames, Attorney representing Mr. & Mrs. Henry Baron, reviewed
the project and urged Council's support of the staff recommendation.
Vernon Thorp, 109 and 111 South Street, stated that he was not opposed to
the rezoning that faced on Higuera, however, he would favor adoption of
the Exhibit "B ". He felt it was premature to rezone the property at this
time.
Henry Baron, 924 Westwood Blvd., LA, and applicant, stated he was
available for questions.
Patrick Gerety, member of the Planning Commission and speaking on behalf
of himself, stated that he wished to go on record to clarify that he did
not support any C -N zoning. His primary concern was that regardless of
the action the Council took this evening, he would like to see them
address the issue of C -N at the corner of South Street and Broad.
Jerry Hanno, Caltrans, stated that they did not have a problem with the
requested rezoning.
Mayor Billig declared the public hearing closed.
Councilman Griffin expressed concerns with regard to traffic circulation
and other traffic patterns. He would prefer to have this matter continued
with better direction to staff.
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 5
Councilman Settle was concerned that this would have a negative effect on
the traffic and circulation similar to what has happened at the Laguna
Lake Shopping Center. He felt that the property, if rezoned, would be
considered spot zoning, and he would like to see a better method of
mitigation as the current one was too vague.
After brief
discussion, moved by Settle /Dover (3 -2, Dunin
and Griffin
Requested
voting no)
to deny the request for General
Plan Amendment
and rezoning.
Councilman
Dunin felt that the definition
of the C -N zone
should be
Central Coast Childrens
re- evaluated.
3,000
3.
Music & Arts for
Councilman
Griffin still felt that better
direction could
be established
4.
if this was
referred back to staff as far
as traffic cirulation and noise
concerns.
5.
Criterium
1,000
8:45 p.m. Mayor Billig declared a recess. 9:05 p.m. City Council
reconvened, all Councilmembers present.
Mayor Billig suggested that staff look at specific sites for C -N zoning.
It was her recommendation to at least attach an "S" to the C -S zone that
they had just previously discussed to allow greater review by the Planning
Commission and Council. (See additional comments between items 7 & 8).
5. GRANTS IN AID (File #1051)
Council held a public hearing to consider recommendations by the
Promotional Coordinating Committee to approve grants -in -aid contracts with
16 organizations (six are budget line items) for fiscal year 1985 -86
(total requested $51,550):
Mike Alamo, staff representative, briefly reviewed the agenda report with
the recommendation that Council adopt the resolutions approving the
agreements as recommended by the Promotional Coordinating Committee.
Leslie Ramsey, Chairperson of the PCC, then reviewed the various requests
and recommendations.
Mayor Billig declared the public hearing open. No one spoke for or
against. Mayor Billig declared the public hearing closed.
After discussion, moved by Dovey / Dunin (5 -0), to adopt Resolutions Nos.
5827 through 5841 (1985 Series), were adopted approving 15 grants -in -aid
contracts including: 1) addition of $1,200 to the Arts. Council for an Art
in Public Places brochure; 2) Poly Royal's grant to be earmarked for
promotional purposes; 3) increase Music & Arts for Youth grant to a total
of $2,500 upon PCC review of program; 4) approve Central Coast Children's
Theatre grant for $3,000 with $500 earmarked for Pickle Family Circus
activity; 5) staff directed to further study grant request by
Criterium -- monies to remain available ($1,000); and 6) staff directed to
Requested
PCC
Recommendation
1.
Little Theatre
$ 2,000
$ 2,000
2.
Central Coast Childrens
Theatre 3,000
3,000
3.
Music & Arts for
Youth (MAY)
5,000
11000
4.
Arts Council
3,000
1,800
5.
Criterium
1,000
1,000
6.
Poly Royal
3,000
2,000
7.
KCBX 17,000
3,000
8.
EOC 8,050
3,000
9.
Cuesta Collegt
6,500
2,500
10.
Vocal Arts Ensemble
3,000
2,250
Totals
$51,550
$21,550
Line Items
1.
San Luis Obispo
Art Assoc.
$
3,450
2.
Mozart Festival
5,750
3.
San Luis Obispo
County Band
2,070
4.
San Luis Obispo
Symphony
5,750
5.
San Luis Obispo
County Youth
Symphony
1,730
6.
La Fiesta
3,450
Total
$22,200
Mike Alamo, staff representative, briefly reviewed the agenda report with
the recommendation that Council adopt the resolutions approving the
agreements as recommended by the Promotional Coordinating Committee.
Leslie Ramsey, Chairperson of the PCC, then reviewed the various requests
and recommendations.
Mayor Billig declared the public hearing open. No one spoke for or
against. Mayor Billig declared the public hearing closed.
After discussion, moved by Dovey / Dunin (5 -0), to adopt Resolutions Nos.
5827 through 5841 (1985 Series), were adopted approving 15 grants -in -aid
contracts including: 1) addition of $1,200 to the Arts. Council for an Art
in Public Places brochure; 2) Poly Royal's grant to be earmarked for
promotional purposes; 3) increase Music & Arts for Youth grant to a total
of $2,500 upon PCC review of program; 4) approve Central Coast Children's
Theatre grant for $3,000 with $500 earmarked for Pickle Family Circus
activity; 5) staff directed to further study grant request by
Criterium -- monies to remain available ($1,000); and 6) staff directed to
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 6
prepare mid -year budget appropriation to increase PCC grants -in -aid budget
accordingly.
6. PROPOSED SUBDIVISION - TRACT 1327 (File #410 -1327)
Council held a public hearing to consider a Planning Commission
recommendation to grant tentative map approval of Tract 1327, creating a
21 -unit residential air -space condominium at 1239 Foothill Blvd.; R -4
zone; Neil Maloney & Dave Sansone, subdividers.
tToby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council approve the tentative map
based on findings and subject to conditions as recommended by the Planning
Commission.
Council briefly discussed various aspects of the tentative map approval.
Mayor Billie declared the public hearing open.
Michael Brady, architect representing the applicant, responded to various
Council comments and questions and urged Council's support of the project.
Patrick Gerety, member of the Planning Commission, stated that it was his
understanding that when the Planning Commission motion was made, it was to
allow for 22 units, not 21, and he may not have supported it if he had
recognized that the additional unit was to be included. The applicant had
increased the parking from 2.2 to 2.5 spaces per unit.
Tom Priest, member of the ARC but not representing the ARC, explained why
he felt it was the recommendation from the ARC as 21 units. The end of
the building facing Carpenter had been a concern by Council and by
dropping it down the project lost one unit.
Mayor Billig declared the public hearing closed.
After brief discussion moved by Settle /Dunin, (4 -2, Billig voting no) to
adopt Resolution No. 5842 (1985 Series), to approve the tentative map for
Tract 1327 as recommended.
Mayor Billig stated she was registering a no vote due to the traffic and
circulation problems she felt inherent with this project.
7. LOT COMBINATION - PEACH STREET (File #411)
Council held a public hearing to consider reversion to acreage combining
four lots into one at 1035, 1043 and 1055 Peach Street; Peach Street
Associates (Michael Brady), applicant.
Toby Ross, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution approving
the reversion to acreage with the findings and conditions as recommended
by staff.
Mayor Billig declared the public hearing open.
Roger Lyon, representing the applicant, spoke in support of the project.
Fred Baur, 518 High Street and member of ARC, spoke against approval of
the project.
Penny Rappa, 1435 Broad Street, also spoke in opposition to the project
and felt that it was out of scale with the neighborhood.
Mayor Billig declared the public hearing closed.
Councilmembers then discussed at length the process for how this lot
combination had reached them referencing a previous appeal, filed by Penny
Rappa; to an approved lot combination which was then withdrawn by the
applicant.
CITY COUNCIL MINUTES - TUESDAY, NOVEMBER 19, 1985 - 7:00 P.M. PAGE 7
Roger Picquet, City Attorney, reviewed his memorandums of October 2 and
October 15 regarding this project and the reasons that it had come forward
the way it had.
After considerable discussion as to the possibility of discussing this
further in closed session, moved by Griffin /Dunin (4 -1, Billig voting no)
to adopt Resolution No. 5843 (1985 Series), approving the reversion to
acreage, with findings and conditions as recommended by staff and as
modified by Councilman Griffin to include an additional condition #7 to
read, "There are no required conditions of reversion applicable to this
reversion request."
Councilman Dunin cautioned that if the Council did not approve this, it
would most likely end up in a lawsuit as there were no findings in which
to deny the project.
Mayor Biliig asked to reconsider Item #4, General Plan Amendment and
Rezoning.
After brief discussion, moved by Settle /Billie (4 -1, Griffin voting•no),
to direct staff to initiate rezoning of property at 55 and 65 Higuera
Street from C -S to C -S -S.
B U S I N E S S I T E M S
8. MISSION STATEMENT (Pile #11J)
Council considered approving the City's Mission Statement.
Paul Lanspery, Administrative Officer, briefly reviewed the statement and
urged Council's approval.
After brief discussion, moved by Settle /Dunin (5 -0) to approve the Mission
Statement as recommended.
C O M M U N I C A T I O N S
C -1 BOTTLE BILL
After brief discussion and upon Council consensus, staff was directed to
review the Bottle Bill regulations (AB2020) and report back (5 -0).
C -2 Roger Picquet, City Attorney, reminded the Council that they might
wish to review the Advisory Body Handbook on page 7 concerning the
appearances by various advisory body members giving presentations at City
Council meeting.
After brief discussion and upon Council consensus, the matter of
presentations made by advisory body members to be discussed with the
Chairs at the next Quarterly Advisory Body Meeting. Revision to be-made
to the Advisory Body Handbook in keeping with discussion this evening.
Also, staff to explain process to their committee(s) (5 -0).
There being no further business to come before the City Council, Mayor
Billig adjourned the meeting at 12:05 a.m. to Monday, November 25, 1985,
at 12:10 p.m.
Pambla Voges, City lerk
APPROVED BY COUNCIL: 1 -7 -86