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HomeMy WebLinkAbout04/04/1989387 "- M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 4, 1989 - 7:00 P.M. COUNCIL CHAMBER, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice -Mayor Peg Pinard, Penny Rappa, Jerry Reiss, Allen K. Kettle, and Mayor Ron Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Pam Voges, City Clerk; Michael Multari, Community Development Director; Dave Romer, Public Works Director; Toby Ross, Assistant to the CAP; Mike Colder, Fire Chief; Ann MCP1iCe „ Personnel Director; Vicki Finucane, Acting City Attorney C O N S E N T A G E N D A Moved by Rappa /Reiss (5 -0), to approve•,.. the Consent Agenda as recommended ' by the City Administrative officer with the exceptions of Items C -.3, C -5, C -7 and C -9 as noted. C -1 MINUTES The following minutes were approved as amended (5 -0): Friday, March 3, 1989 - 9:00 a.m. Tuesday, March 7, 1989 - 7:00 p.m. Monday, March 13, 1989 - 12:10 p.m. C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (5 -0). C -3 TRAFFIC WORK ORDERS Resolution No. 6595 (1989 Series) adopted approving traffic work orders for period of January 1, 1989 through March 31, 1989 as recommended (4 -1, Dunin voting no). C -4 CONSENT TO COMMON USE Resolution No. 6596 (1989 Series) adopted approving agreement (Consent to Common Use) between the City and Pacific Gas and Electric Company for street improvements within PG &E's right -of -way (Margarita Avenue east of Higuera Street) as recommended (5 -0). City Council Minutes Page 2 Tuesday, April 4, 1989 - 7:00 P.M. C -5 WATERLINE RECONSTRUCTION PROJECT , Council considered approving plans and specs and authorizing staff to advertise for bids for "Waterline Reconstruction Project: Higuera Street - Johnson to California," City Plan NO. N -21P; engineer's estimate $38,975 excluding contingencies. Upon general consensus, this item continued to 4/18/89 meeting for additional report... C -6 ADVISORY BODY BY -LAWS (File #403/406) Moved by Rapna /Reiss, final passage was given to Ordinance No. 1137 amending the Parks & Recreation Commission By -laws; Ordinance No. 1138 amending the Architectural Review Commission By -laws, Ordinance No. 1139 amending the Planning Commission By -laws; and Ordinance No. 1140 amending the Mass Transportation Committee By -laws as recommended (5 -0). C -7 CHALLENGES TO ADMINISTRATIVE DECISIONS (File #302) Council considered establishing time limits for legal challenges to city administrative actions. Moved by Rappa /Reiss Resolution No. 6597 adopted establishing a 90 -day statute of limitations for challenges to city administrative decisions. Motion carried, Councilman Settle voting no (4 -1). C -8 BUSINESS IMPROVEMENT ASSOCIATION APPOINTMENTS (File #123) Appointments of newly elected Business Improvement Association Board members; Tom Brown, Jim Delmore, Robert Holley, Mike Spangler and Forrest Watts confirmed for two -year terms commencing April 11, 1989 as was recommended (5 -0). C -9 ATTORNEY SERVICES CONTRACT (File #627) Consideration of an agreement with Roger Picquet for attorney services. There being no report, Council continued this item to the 4/18/89 Council meeting. C -10 DESIGNATION OF ACTING CITY ATTORNEY (File #627) Resolution No. 6598 (1989 Series) adopted confirming the appointment of Vicki Finucane as Acting City Attorney as recommended (5 -0). A D V I S O R Y B O D Y A P P O I N T M E N T S A -1 PLANNING COMMISSION Vice -Mayor Pinard reported on behalf of the Council Subcommittee (Pinard /Reiss), stating that recommendations for two appointments to the Planning Commission was requested to be continued to the 4/18/89 Council meeting. Upon general concurrence, item continued as recommended. A -2 ARCHITECTURAL REVIEW COMMISSION Councilwoman Rappa reported on behalf of the Council Subcommittee City Council Minutes Tuesday, April 4, 1989 - 7:00 P.M. Page 3 (Rappa /Reiss) of a recommendation to fill one opening on the Architectural ' Review Commission. She stated that the Subcommittee had been unable to meet on this and were requesting that the item be continued to the 4/18/89 Council meeting. After brief discussion and upon general consensus, staff was directed to review the legality of bringing forward any ARC application that were unable to be acted upon by the ARC if a lack of quorum existed because the ARC did not have a full complement of members (5 -0). A -3 PARK AND RECREATION COMMISSION On behalf of the Council Subcommittee (Pinard /Settle), Councilman Settle recommended Ava Vigil to the Parks and Recreation Committee to fill a four -year term to expire March 31, 1993. Moved by Settle, seconded by Pinard and unanimously carried, Ava Vigil appointed as recommended. A -4 PROMOTIONAL COORDINATING COMMITTEE Councilman Settle reported on behalf of the Council Subcommittee, (Settle /Dunin) with the recommendation to appoint Dan Pittaway to the Promotional Coordinating Committee for a four -year term expiring March 31, 1989. Moved by Settle, seconded by Mayor Dunin, Dan Pittaway appointed as recommended (5 -0). P U B L I C H E A R I N G S ' 1. APPEAL - PLANNING COMMISSION (File 407) Council held a public hearing to consider an appeal of a Planning Commission decision to allow a conforming addition to a non - conforming structure at 479 Mitchell Street; J. Erick Wand, applicant and appellant. Mike Multari, Community Development Director, briefly reviewed the agenda report with a recommendation, that after considering the facts of the case, Council adopt a resolution to approve or deny the appeal as deemed appropriate. Mayor Dunin declared the public hearing open. Erick and Jennifer Wand, 479 Mitchell Street, spoke in support of their appeal. Mayor Dunin declared the public hearing closed. After brief discussion, it was moved by Settle, seconded by Mayor Dunin to adopt a resolution to uphold the appeal as requested by the applicant. Motion failed, Councilmembers Pinard, Rappa and Reiss voting no. It was then moved by Rappa, seconded by Pinard to adopt Resolution 6599 to deny the appeal subject to the findings and conditions as originally proposed by the Hearing Officer. Motion carried, Councilman Settle and Mayor Dunin voting no. 2. APPEAL - ARCHITECTURAL REVIEW COMMISSION (File 407) 390 City Council Minutes Page 4 Tuesday, April 4, 1989 - 7:00 P.M. Council held a public hearing to consider an appeal by Jane Anderson of an Architectural Review Commission decision action to approve changes to the landscaping plan at a new 50 -unit motel at 1951 Monterey Street; Rajni. Desai, applicant. Mike Multari, Community Development Director, briefly reviewed the agenda report with a recommendation that Council adopt a resolution which would deny the appeal and uphold the ARC decision to approve landscaping as recommended. Mayor Dunin declared the public hearing open. Jane Anderson, 1920 San Luis Drive, the appellant, spoke in support of the appeal citing the need for additional landscaping to help mitigate privacy concerns for the neighborhood. Joan Roberts, 1854 San Luis Drive, presented a slide presentation and also urged the Council's approval of their appeal. Chase Hockey, 1842 San Luis Drive, also spoke in support of the appeal. Ruth Bostrom, 1933 San Luis Drive, spoke in support of the appeal. Bonnie Garritano, 1950 San Luis Drive, urged support. Raini Desai, applicant, urged against the appeal. Brian Donahue, General Contractor, spoke in support of the applicant. , 178 San Luis Drive, spoke of the willingness to work with the property owner to help mitigate concerns raised by the neighboring property owners. Mayor Dunin declared the public hearing closed. After brief discussion, it was moved by Councilman Settle, seconded by Councilwoman Pinard to adopt Resolution No. 6600 (5 -0), upholding the appeal including the five changes recommended by Site and Environmental Design (SEDES) letter dated January 30, 1989, except for #5 re: additional landscaping in the parking lot on the south side, and a more detailed plan including a front elevation,and requiring a bond to insure compliance to be effective for 24 months, final approval to come back to Council. Motion carried unanimously. Council indicated that the revised plan should address landscaping needs not only for the back side of the building, but for the other three sides as well. 8:25 p.m., Mayor Dunin declared a recess. 8:35 p.m. Council reconvened, all Councilmembers present. 3. PLANNED REDEVELOPMENT REZONING - PD 1434 (File #463) Council held a public hearing to consider amending the zoning map from service - commercial, specific plan (C -S -SP) to service - commercial, specific 391 City Council Minutes Page 5 Tuesday, April 4, 1989 - 7:00 A.M. plan, planned development (C- S- SP -PD) and consideration of a preliminary development plan which would allow large offices at 3701 South Higuera Street ( Higuera Commerce Park); the Granada Group (John Rosetti), applicant. Mike Multari, Community Development Director, briefly reviewed the agenda report with the recommendation that Council introduce an ordinance to print in synopsis form which would change zoning of the site from C -S -SP to C- S -SP -PD and to approve the project's preliminary development plan as indicated in the staff report. Mayor Dunin declared the public hearing open. Vic Montgomery, representing the developer, urged Council not to prohibit the use of the building for federal and state offices and otherwise urged support of the planned development as recommended. Mayor Dunin declared the public hearing closed. After brief discussion, it was moved by Councilwoman Rappa, seconded by Councilman Settle, to introduce Ordinance No. 1141 to print approving the planned development preliminary plan for PD 1434 and amending the zoning map from C -S -SP to C- S -SP -PD with an amendment to Condition No. 3 excluding federal, state and local offices. Motion carried, Councilman Reiss and Mayor Dunin voting no. 4. PLANNED DEVELOPMENT REZONING - PD 1437 (File #463) Council held a public hearing to consider amending the zoning map from service - commercial, special considerations (C -S -S) to service - commercial planned development (C -S -PD) and consideration of a preliminary plan allowing a mixed -use (commercial, office and residential) project at 3173 Broad Street; John R. Mitchell, applicant. Mike Multari, Community Development Director, briefly reviewed the agenda report with a recommendation that Council introduce to print an ordinance in synopsis form amending the zoning map from C -S -S to C -S -PD or to adopt a resolution which would approve a preliminary development plan. Mayor Dunin declared the public hearing open. Rob Strong, of the Planning Mill, spoke in support of the project stating that they could support it as recommended with the exception of Condition No. 8, which was urged to be deleted. Champ Massey, 3249 Broad Street, spoke in support of the project. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Councilwoman Pinard, seconded by Councilman Reiss, Ordinance No. 1142 was introduced to print in synopsis form to approve Planned Development 1437 with deletion of Conditions 8 and 21 and amending Exhibit A to require Planning Commission approval of restaurants, sandwich shops and retail sales including groceries, liquor, and specialized foods. Motion carried, Councilman Settle voting no. Councilwoman Rappa requested that staff clarify mixed uses in the next 92 City Council Minutes Tuesday, April 4, 1989 - 7:00 P.M. Page 6 review of the General Plan update. 5. TIME EXTENSION - TRACT 1261 (FILE #410) Council held a public hearing to consider a request for a 12 -month time extension to file the final map to create seven residential lots from four lots at 133 and 155 Rosita Street (Tract 1261); R -1 zone, Brown Family Estate Trust, subdivider. Mike Multari, Community Development Director, reviewed the agenda report with a recommendation that Council adopt the resolution which would approve a one -year time extension as requested, subject to the original findings, exceptions and conditions as noted in the resolution. Mayor Dunin declared the public hearing open. Elmer Brown applicant, spoke in support of the time extension. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Councilman Reiss, seconded by Council- woman Rappa, Resolution No. 6601 was adopted approving the 12 -month time extension as recommended (5 -0). 6. MOBILEHOME RENT CONTROL (File #428) Council held a public hearing to consider amendments to the City's Mobilehome Rent Control Regulations (Measure "D") regarding "safe harbor" exemptions (continued from 3/7/89). Upon general consensus of the City Council, this item was continued for an additional report as recommended by the City Attorney. 7. APPEAL - PLANNING COMMISSION (File #407) Council considered appeals by Peter Kardel and Jon Olsen of a Planning Commission action to approve a use permit to allow changes to a non- conforming structure, and to allow combined office and residential uses at 1117 and 1119 Marsh Street; Jon Olsen, applicant (public hearing closed from the Council meeting of 3/21/89). Mike Multari, Community Development Director, reviewed the agenda report stating that this was a continued item from the 3/21/89 meeting which was continued for lack of quorum. Councilmembers Pinard and Rappa had supported the recommendation to deny both of the appeals. Mayor Dunin wanted to uphold the Kardel appeal and deny the Olson appeal. Councilmembers Reiss and Settle who were absent at that meeting, stated they had listened to the tapes and were prepared to take action. After brief discussion, it was moved by Councilwoman Rappa, seconded by Councilwoman Pinard, to adopt Resolution No. 6602 to deny both the appeals and uphold the Planning Commission action approving Use Permit 138 -88 as recommended. Motion carried. Councilman Reiss and Mayor Dunin voting no. 397 City Council Minutes Page 7 Tuesday, April 4, 1989 - 7:00 P.M. 8, DRAIN. WATERLINE AND SEWER LINE IMPROVEMENT PROJECTS Council considered plans and specifications for "Storm Drain Improvement Project: Higuera Street and Santa Rosa Street," and "Waterline and Sewerline Improvement Project," Higuera Street to Osos Street to Santa Rosa," City Plan Nos. N -10E, N -53P and N -54R; bid estimates $405,450, $43,720 and $19,250, respectively, excluding contingencies (continued from 3/21/89). Dave Romero, Public Works Director, reviewed the agenda report with recommendation that Council approve the plans and specifications and authorize staff to advertise for bids as originally recommended. Councilman Reiss asked whether or not the City should be spending this kind of money given the other concerns facing the community i.e. water. After discussion, it was moved by Councilwoman Rappa, seconded by Councilman Settle to approve the plans and specifications and authorize staff to advertise for bids with requirement for using potable water during the construction period and provide alternates in the bid for leaving the streets open and to provide for an accelerated construction program. Final approval to come back to Council. Motion carried unanimously. 9. WATERLINE EASEMENT - TRACT 1259 (File #410) Council considered the approval and acquisition of off -site waterline easement using the city's power of eminent domain to service Tract 1259 on San Luis Drive; Alex Madonna, developer (continued from 3/7/89 and 3/21/89). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council proceed with the acquisition with the easement which was Alternative No. 1. Mayor Dunin asked for public comment. No one spoke for or against the proposed acquisition. After brief discussion, it was moved by Councilwoman Rappa, seconded by Councilman Reiss to direct staff to proceed with the acquisition of the easement as recommended, Councilwoman Pinard voting no. 10. ENCROACHMENTS AND EXCAVATIONS (File #402) Council considered giving final passage to Ordinance No. 1131, an amendment to the Municipal Code concerning encroachments and excavations in or on public property, including rights -of -way (continued from 2/21/89, 3/7/89 and 3/21/89). Councilwoman Rappa stated she would like to see the Ordinance include some language that would indicate that the City of San Luis Obispo be given the requirement to live within the same rules as what is required of the public. After brief discussion, it was moved Councilwoman Rappa, seconded by Councilwoman Pinard, to give final passage to ordinance 1131 amending the encroachment and excavation ordinance as amended. Motion carried unanimously. City Council Minutes Tuesday, April 4, 1989 - 7:00 P.M. Page 8 10:20 p.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to closed session to discuss 1 property acquisition. 10:30 p.m., City Council reconvened and Mayor in adjourned the meeting to Wednesday, April 5, 1989 at 7:00 p.m. APPROVED BY COUNCIL: 5/2/89 PV:nlo Pam Voges, City fterk M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, APRIL 5, 1989, 7:00 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice -Mayor Peg Pinard, Penny Rappa, Jerry Reiss, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff: Present: John Dunn, City Administrative Officer, Roger Picquet, Legal Consultant; Pam Voges, City Clerk; Dave Romero, Public Works Director; Toby Ross, Assistant CAO; Bill Hetland, Utilities Director; Bill Statler, Finance Director; Glen Matteson, Associate Planner; Allen Short, Water Division Manager; Tina Metzger, Water Conservation Coordinator -------------------------------------------------------------------------- PRESENTATION A. Laurie Adolf Df City Center Shirts presented.T- shirts to the City Council supporting water conservation methods by prompting a "San Luis Obispo Rain Dance... PUBLIC COMMENT PERIOD 1. Ken Schwartz submitted a letter urging Council to reconsider its recently adopted Council Compensation Plan. 2. Keith Gurnee spoke in support of the Council's recent compensation adjustment. 3. Tim Robinson, 2350 Lawton, requested relief of Tree Ordinance requirement to plant three trees during the city's drought and the period of mandatory water conservation. Referred to staff for report. 4. Mary Beth Schroeder expressed displeasure with recent Council actions.