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HomeMy WebLinkAbout09/15/1987M I N U T E S REGULAR MEETING OF THE CITY COUNC:[L CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 15, 1987 - 7:00 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE EOLL CALL Councilmembers , Present: GlennaDeane Dovey, Penny Rappa, Allen K. Settle and Mayor Ron Dunin Absent: Vice -Mayor Robert E. Griffin City Staff Present: John Dunn, City Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk; Michael Multari, Community Development Director; Dave Romero, Public Works Director; Toby Ross, Assistant CAO; Steve Henderson, Assistant to CAO; Jim Gardiner, Police Chief; Jim StocktorL, Recreation Director; Candace Havens, Parking ProgrFm Coordinator C O N S E N T A G E N D A Moved by Settle / Dovev (4 -0 -1, Griffin absent), the Consent Agenda was approved as recommended by staff. The following actions taken as indicated. C -1 COUNCIL MINUTES Council approved the minutes of Tuesday, July 21, 1937 as amended. (4 -0 -1. Vice -Mayor Griffin absent). C -2 PLANS AND SPECIFICATIONS Plans and specifications approved for "Santa Rosa Street from Murray to Highland, Median Island Paving" City Plan No. K -02Y; bid estimate $47,800, without contingencies. Staff authorized to advertise for bids as recommended (4 -0 -1, Vice -Mayor Griffin absent). C -3 AWARD OF CONTRACT - TRAFFIC SIGNAL (File #87 -21) Resolution No. 6324 (1987 Series), was adopted awarding contract to Lee Wilson Electric Company in the amount of $57,982.50 and transferring $63,780 as recommended (4 -0 -1, Vice -Mayor Griffin absent). C -4 SURPLUS EQUIPMENT (File #165) Resolution No. 6325 (1987 Series), was adopted declaring certain city equipment as surplus and authorizing its disposition as recommended. (4 -0 -1, Vice -Mayor Griffin absent). C -5 CHRISTMAS DECORATIONS (File #472) Resolution No. 6326 (1987 Series), was adopted authorizing the CAO to contribute up to $5,000 matching funds raised by the "Citizens for a Festive Christmas Downtown" for the purchase of decorations. (4 -0 -1, Vice -Mayor Griffin absent). C -6 BIA ADMINISTRATOR (File #472) Resolution No. 6326 (1987 Series), was adopted approving a one -year employment agreement between the City and Dodie Williams as administrator City Council Minutes Tuesday, September 15, 1987 - 7:00 p.m. Page 2 to the Business Improvement Association for period October 1, 1987, through December 31, 1988 (36,000) as recommended (4 -0 -1, Vice -Mayor Griffin absent). C -7 BLOCK GRANT (File #427) Resolution No. 6328 (1987 Series), was adopted authorizing the Mayor to sign 1987 Community Development Block Grant Agreement as recommended (4 -0 -1, Vice -Mayor Griffin absent). C -8 ADVISORY BODY BYLAWS (File #1042) Resolution No. 6329 (1987 Series), was adopted approving amendments to the bylaws and code of ethics of the Human Relations Commission as recommended (4 -0 -1, Vice -Mayor Griffin absent). C -9 CONSULTANT SERVICES (File #511) Resolution No. 6330 (1987 Series), was adopted authorizing staff to negotiate a contract with a consultant to prepare an environmental impact report for the water allocation plan (approx. $12,000) as recommended. (4 -0 -1, Vice -Mayor Griffin absent). P R E S E N T A T I O N S A. FAMILY OF THE YEAR PLACQUE Presentation by Joan Miles, representing the Family of the Year Committee, to the City Council of a placque listing recipients of the Family of the Year award to be displayed in City Hall. The winning 1986 and 1987 families were present and Mayor Dunin received the plaque. B. BICENTENNIAL PROCLAMATION Mayor Dunin made a presentation of Proclamation to two members of the Veterans of Foreign Affairs honoring the Constitution's 200th year as part of the Bicentennial Celebration across the nation. P U B L I C H EAR I N G S I. APPEAL - GARDEN STREET PUB (File #407) Council held a public hearing to consider an appeal by Greg Shipley on behalf of San Luis Obispo Brewing Company, of a decision by the Planning Commission to deny without prejudice a use permit to allow a brewery and pub with entertainment at 1119 Garden Street; C -C -H zone; San Luis Obispo Brewing Company (Michael Hoffman), applicant. Mike Multari, Community Development Director, briefly reviewed the Council agenda report with the recommendation that Council consider the staff report, the staff's original recommendation to the Planning Commission, the Planning Commission's action to deny the use permit, the appelants' statement and public testimony and to adopt a resolution which would either uphold or deny the appeal as they felt appropriate. He also named a variety of persons who had submitted letters and petitions speaking both for and against the proposed use (please see File #407). ' After questions by Council, Mayor Dunin declared the public hearing open. Michael Hoffman, applicant, reviewed what the micro - brewery would consist of and spoke in support of its use. Charles Hiigel, Manager of Spike's Place, spoke in support of the proposed use. Robert Nagel, 335 Pismo St., spoke in support of the use permit. Dr. Stanley Hoffman, 995 Templeton St. and Builder of HMR Winery, spoke in support of his son' request. He felt the pub would be an important draw for tourists and would be a plus to the downtown. Also, he felt the pub was compatible with the uniqueness of the community. City Council Minutes Page 3 Tuesday, September 15, 1987 - 7:00 p.m. Dodie Williams, B.I.A., spoke in support-of the intended use. She also stated that, speaking on behalf of John Bushnell, the President of B.I.A. and the owner of McLintock's Saloon, this was an important draw to the downtown area. Steven Befford, Santa Barbara, spoke in support of the micro - brewery. Richard Stevens, owner of Goldsmiths located across the street, also felt it was a good draw for the Garden St. area. William McKenzie, 755 Partridge and owner of a business on Garden St. across from the proposed pub site, felt it was a welcomed addition. Bridget Lomfield, San Luis Obispo, helped circulate petitions, obtaining over 400 signatures supporting the micro - brewery. John Eurand, 1040 Broad St. and owner of the Pasta House, spoke in support. John Hess, 1505 Beach St., a resident of the community for 9 years, spoke in support. Stan Carpenter, 751 Buchon, owner of Hill's Stationary and a member of the Garden St. Renovation Committee, felt the pub was sorely needed. Greg Shipley, appelant, spoke in support stating that 20 of the 21 Chamber Board of Directors were supportive, also 9 out of 10 B.I.A. Board Members in addition to over N merchants supported this use. Dan Torrence, 77 Higuera St., was opposed. He felt there were too many bar's in the downtown area already. Pete Evans, 24 Rachel St., felt there was insufficient parking. Dr. Richard Trueman, 620 Patricia, spoke in opposition. He did not feel it was an appropriate location. Diana Davis Butler, 1712 Vicente Dr., also spoke against the proposed use permit. Carl Butler, 1712 Vicente Dr., agreed with the previous speakers opposition. Grace Holmes, 145 South St., opposed. Greg Shipley, rebutted comments made by the previous speakers. Matt Hainline, co -owner of the building, in response to a question about the use of the bottom floor stated it would be used for retail and would be compatible with the surrounding neighborhood. Mayor Dunin declared the public hearing closed. Councilmember Settle was Concerned about the occupancy level and traffic impact. Councilwoman Rapp a shared the same concerns expressed by Councilman Settle. She did not wish to over -react because of other establishments in the downtown area which had more of a negative impact than this particular proposal and would therefore support a continuance to enable more of an opportunity to look at alternative means for ways of dealing with the number of alcohol - serving establishments in the downtown. Councilwoman Dovey was concerned about the proliferation of bars in the downtown. She would support denial as she felt that the pub was incompatible with residential uses in the vicinity. 1 1 1 City Council Minutes Tuesday, September 15, 1987 - 7:00 p.m. Page 4 Mayor Dunin was concerned about the use of the lower level and traffic circulation. He could not support outright denial but would like additional answers to concerns expressed. After discussion, moved by Rappa /Settle, (4 -0 -1, Griffin absent), to adopt Resolution No.6331 to deny the appeal without prejudice. Council asked the applicant to recognize the concerns that still needed.to be addressed, including neighborhood compatibility, traffic circulation and impacts, occupancy proposed for both floors and downtown image. 9:10 p.m., Mayor Dunin declared a recess. 9:25 p.m., City Council reconvened, all Councilmembers present except Councilmember Griffin. 2. PARKING MANAGEMENT PLAN (File #554) Council held a public hearing to consider the Parking Management Plan with recommendations for its implementation. Upon general consensus this item was continued to Monday, September 21, 1987 at 4:00 p.m.(4 -0 -1, Griffin absent). 3. ZONING REGULATIONS AMENDMENTS (CR 1307) (File #463) Council held a public hearing to consider an ordinance making miscellaneous revisions and additions to the Zoning Regulations concerning home occupations, density, satellite dish antennae, special consideration zone, general plan amendments and definition of building height and other minor amendments; City of San Luis Obispo, applicant. Due to the lateness of the hour and upon general consensus, this item was continued to date uncertain. 4. EMERGENCY SHELTER PROGRAM (File. #1046) Steve Henderson, Assistant report with the recommenda authorize the operation of 1, 1987 and April 30, 1988 available during inclement available. to the CAO, briefly reviewed the Council agenda tion that Council adopt a resolution which would a temporary emergency shelter between November for an estimated 50 days which would be weather if no other adequate shelter was Mayor Dunin asked for public comment. Donald McArthur, a transient who lives on the street spoke in support. George Moylan, 1072 San Adriano, representing the Coalition for the Homeless and Director of the Housing Authority, spoke of a variety of alternatives which might be available. Beverly Stewart, a resident of Arroyo Grande, representing the People's Shelter, a non - profit organization, clarified that churches could only provide a temporary shelter program. They would not be available on a permanent basis or be a permanent solution. Bob McGinn, 118 Cuesta Dr., representing the Ministerial Association, supported the staff recommendation. James Maxwell, 3860 S. Higuera, read a prepared statement into the record urging support for the homeless. Brad Goan, representing the Zedakah House, urged a 365 day per year program rather than the currently proposed recommendation of only having the shelter available for approximately 50 days during inclement weather. Another resident of San Luis Obispo living at 33 N. Tassajara, spoke in support. City Council Minutes Tuesday, September 15, 1987 - 7:00 p.m. Page 5 Tom Schumann, 630 Perkins Ln., supported the proposal and suggested lockers as a means for the transients to have a place to store their goods and not have to Cart them around all day. Rabbi Harry Manhoff, 1384 Cavalier Ln., and with the Congregation of Beth David, urged support. Scott Raybird, one of the homeless, spoke in support. Karski Gaver, a homeless person, spoke in support. Frances Neil, homeless with a 6 year old daughter, spoke in support. Spencer Kulick, 1941 Johnson Ave., Secretary of the San Luis Obispo Smallbore Association, spoke in opposition and urged denial of the request for this facility. Gary Endo, 2249 Indio Dr., was in opposition to the homeless shelter. He felt it would displace persons desiring use of the rifle range for training and marksmenship activities. Rod Mitchell, San Luis Obispo, spoke in opposition. He also felt that the shooting range should be given a first preference, as they helped to build it. Sherry Simon, P.O. Box 3812, also spoke in opposition. Ralph Ingle, United Givers, felt that the building being suggested would represent a health hazard. Herb Hunt, a So. Higuera St. resident, did not feel this was an appropriate place to house the homeless. Ron Bearce, 1075 Capistrano, suggested parking the buses for 365 days of the year at the Corporation Yard. Mayor Dunin declared the public portion closed. Council raised questions concerning: 1) whether or not the Health Department needed to give approval and 2) had the organizations that used the rifle range been contacted for their suggestions. Councilman Settle stated he could support staff's recommendation. Councilwoman Rappa was concerned that this was being considered as a temporary shelter. She felt it was more permanent than was perceived, also that it was not right to ignore City building codes just because it's a City proposal. Councilwoman Dove y agreed with comments made by Councilwoman Rappa. She felt it would be a disservice to the homeless to house them in this kind of a building and at this location. She was concerned about the health and safety of the people. Mayor Dunin agreed that the building was not suitable for housing. He felt it important that shelter be provided. He would support funding. After discussion, moved by Dunin /Settle to continue this item until Monday, September 21, 1987 at 4:00 p.m. Mayor Dunin moved to table this item (2 -2 -1, Rappa and Dovey voting no, Councilmember Griffin absent). Mayor Dunin withdrew his motion to table this item. Councilwoman Dove y requested that staff be directed to continue working with groups that are active in the process and asked that any new developments be brought back to the Council. 1 1 C City Council Minutes Page 6 Tuesday, September 15, 1987 - 7:00 p.m. Moved by Dunin /Settle to accept the staff's recommendation to adopt the resolution which would authorize the operation of the shelter for an estimated 50 days as recommended by staff. Moved by Settle /Dunin (3 -1 -1, Dovey voting no, Griffin absent) to table the motion. Councilwoman Rappa also suggested that an analysis be made regarding the number of downtown bars and related public safety problems prior to this item coming back to Council. 11:10 p.m., Mayor Dunin declared a recess. 11:15 p.m., City Council reconvened Councilmember Griffin. 5. PROPERTY ACQUISITION (File #168) All Counciimembers present except Council considered acquisition of property at 860 Pacific Street, owned by Knight, Towle, Sage & Johnson for possible parking purposes estimated to cost $445,000. Toby Ross, Assistant City Administrative Officer, briefly reviewed the agenda report with the recommendation that Council purchase the property at 865 Pacific St. for $445,000, the monies coming from proceeds of the bond issue. After brief discussion, moved by Dovey /Settle (4 -0 -1, Griffin absent), staff recommendation was approved as recommended. C O M M U N I C A T I O N S John Dunn, City Administrative Officer, updated on recent developments by California Mens Colony. Staff directed to forward previously discussed draft letter to California Department of Corrections state officials. P U B L IC C O M M E N T James Maxwell requested that staff work with the "Model Mugging" Program. 11:50 p.m., Mayor Dunin adjourned the meeting to closed session to discuss litigation items: 1) Western Oil and Gas Association vs. City (WOGA) U.S. District Court Case No. 87 -05190 CBM (GHKx). 2) Bartholow vs. City, San Luis Obispo Superior Court Case No. 56779. 3) Furmanski vs. City, U.S. District Court Case No. CV 87 -03713 CBM(Tx). 4. Emmons vs. City, San Luis Obispo Superior Court Case No. 62954. 12:30 a.m., Mayor Dunin adjourned the meeting to Monday, September 21, 1987 at 4:00 p.m. APPROVED BY COUNCIL: 10 -20 -87 1 b', P,�, U Pam toges, City 0 lerk