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HomeMy WebLinkAbout09/19/1989City Council Minutes Page 2 Tuesday, September 19, 1989 - 7:00 p.m. Personnel Director; Vicki Finucane, Acting City Attorney; Bill Hetland, Utilities Director; Keith opalewski, Parking Program Coordinator ------------------------------------------------------------------------- PUBLIC COMMENT P.C.I. Janet Kourakis, 1577 Tanglewood Drive, requested that Council correct what she felt was an inequity in the Water Conservation Program, as to when meters are read. After brief discussion, staff was directed to report back at the September 26, 1989, meeting when other related water issues are to be discussed. ----------------------------------°-------------------------=----------- CONSENT AGENDA Moved by Settle /Ravpa (5 -0) the Consent Calendar was unanimously approved as recommended by the City Administrative Officer. C -1 COUNCIL MINUTES Tuesday, August 1, 1989, at 7:00 P.M. Tuesday, August 15, 1989, at 7:00 P.M. Monday, August 21, 1989, at 9:00 A.M. Monday, August 28, 1989, at 12:10 P.M. C -2 FINAL MAP APPROVAL - TANK FARM ROAD (File No. 410) Resolution No. 6680 (5 -0) adopted approving final map for Tract 1359 located at 1025 Tank Farm Road as recommended; Eastford, Ltd., subdivider C -3 AWARD OF BID (File No. N -45Y) Resolution No. 6681 (5 -0) adopted awarding contract to Serene Construction in the amount of $36,441.00 for golf course safety screen and Mayor authorized to execute contract documents as recommended. C -4 ASSISTANCE PROGRAM CHUMASH MOBILEHOME PARK (File No. 428) Resolution No. 6682 (5 -0) adopted authorizing City participation in assistance program for Chumash Mobilehome Park and City Administrative Officer authorized to execute necessary documents as recommended. C -5 PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT (File No. 630) Resolution of Intention No. 6683 (5 -0) adopted approving an amendment to the contract between PERS and the City of San Luis Obispo; and, Ordinance No. 1152 introduced to print authorizing an amendment to contract with PERS to add the third level of the 1959 Survivor Benefit as recommended. r City Council Minutes Page 3 Tuesday, September 19, 1989 - 7:00 p.m. C -6 CONFIRMATION OF APPOINTMENT (File No. 102) 1 Resolution No. 6684 (5 -0) adopted confirming the appointment of Kenneth C. Hampian to the position of Assistant City Administrative Officer effective October 16, 1989 as recommended. C -7 CLERICAL STAFFING (File No. 630) Resolution No. 6685 (5 -0) adopted authorizing the reorganization of the City Administrative Offices and City Clerk's Offices and addition of one clerical position (Secretary II) approved as recommended. C -8 CITY ADMINISTRATIVE OFFICER AND CITY CLERK COMPENSATION PLANS (File No. 622) Resolution Nos. 6686 and 6687 (5 -0) adopted adjusting salaries for the City Administrative Officer and City Clerk as recommended. C -9 CITY ATTORNEY EMPLOYMENT AGREEMENT (File No. 601) Resolution Nos._ 6688. 6689 and 6690 (5 -0) adopted approving employment agreements with Jeffrey J. Jorgensen as City Attorney as recommended. -------------------------------------------------------------------------- PUBLIC HEARING A. Moved by Reiss /Pinard that Item No. 3 (an appeal of Planning Commission's decision for the Alpha Upsilon Fraternity, denying their use permit for a fraternity house at 720 and 726 Foothill Boulevard) to be continued to date certain, October 3, 1989. After discussion, Councilwoman Pinard removed her second. It was then moved by Reiss / Dunin (2 -3, Councilmembers Pinard, Rappa and Settle voting no) to continue this item to the October 3, 1989 Meeting. Motion failed. Item to be heard as scheduled. 1. RESIDENTIAL RENTAL REGULATIONS (File No. 463) Mayor Dunin stepped down due to a possible conflict of interest. Councilwoman Rappa read the following letter into the record: "I would like to state for the record that I have no conflict of interest on the subject of Commercial Rental Regulations for the following reasons: 1. The only piece of rental property owned by my husband and myself is located in an R -3 zone. 2. We annually renew our business license with the City of San Luis Obispo for the above property. 3. Our property currently provides the required parking under current city ordinance. r�4 11 City Council Minutes Page 4 Tuesday, September 19, 1989 - 7:00 p.m. Councilmembers Settle, Reiss and Pinard declared no conflict, Vice -Mayor Pinard presiding. Randy Rossi, Interim Community Development Director, briefly reviewed the agenda report with the recommendation that Council 1) concur with the Negative Declaration of Environmental Impact, and 2) introduce an ordinance to print amending the zoning code as recommended by the Planning Commission. He then went through the differences between the ordinance that was submitted by the group for "Quality Neighborhoods" and the version recommended by the Planning Commission. Vice -Mayor Pinard opened the public hearing. Dottie Connor, 216 Albert Drive, representing the Citizens for Quality Neighborhoods, spoke in support of their ordinance, and urged the Council's adoption. GlennaDeane Dovev, a member of Quality Neighborhoods, reviewed some of the differences between the City of Davis' ordinance, the ordinance proposed by the Planning Commission and theirs (Quality Neighborhoods) urging support of the ordinance they submitted. John Cotton, 225 Albert Drive, also spoke in support of the Quality Neighborhoods ordinance. Carl Carlack, 1627 Phillips Lane, urged the Council to preserve the neighborhoods and enact some type of ordinance for their protection. Ritchie Ray Walker, 28 La Entrada, spoke in support of protection of neighborhoods. Mary Beth Schroeder, 2085 Wilding Lane, supported the Quality Neighborhoods ordinance. Mary Ann Michaels, 1546 Oceanaire Drive, representing 21 residents, urged adoption of the Quality Neighborhoods ordinance. Markham Perris, representing the Student Body at Cuesta College, expressed concern that the ordinance would have a negative impact on housing for students and urged a 30 -day delay in order to provide an opportunity for students to more clearly understand the impact that this ordinance would have on their housing. Ricardo Echeverria, 132 California Boulevard, ASI President, submitted a letter requesting a 30 day continuance. ' Shirley Thomas, Venable Street, stated she was representing approximately 12 households, and also urged protection of residential neighborhoods. 12 City Council Minutes Page 5 Tuesday, September 19, 1989 - 7:00 p.m. Larry Todd, Woodbridge Street, supported the Quality Neighborhoods ordinance. Linda Lola, Sequoia Street, spoke on behalf of approximately 20 residents urging support of the ordinance submitted by Quality Neighborhoods. Phillip Peterson, Nipomo Street, also supported the Quality Neighborhoods ordinance. Harold Miller, 1740 Lee Ann Court, representing all 10 residents, spoke in support of the ordinance to preserve local neighborhoods. Walter K. Riley, Hermosa Way, supported the Quality Neighborhoods ordinance, and urged protection of R -1 neighborhoods. Lloyd Lamouria, Hathway Street, spoke in support of an ordinance to preserve residential neighborhoods. Curtis Gerald, West Street, representing his neighborhood, also supported the Quality Neighborhoods ordinance. Joanne Ruggles, Hathway Street, supported preserving R -1 neighborhoods. Jim Creel, 922 Vista Collados, supported Quality Neighborhoods' ordinance. Jean Gordon, 572 Foothill Boulevard, a student, urged a continuance to allow sufficient time for the students to become familiar with these ordinances. Glen Priddy, Montalban Street, spoke against the Quality Neighborhood ordinance, did not want to see the City require a permit for residential use. After discussion, moved by Ravva /Settle (4 -0 -1, Mayor Dunin absent) to continue the public hearing portion to date certain, October 3, 1989. Vice -Mayor Pinard then opened discussion for Council comments and questions. Councilwoman Ravva stated she was supportive of the business license requirement. She had concerns with the environmental analysis. Councilman Settle urged support of an ordinance.that would protect the R -1 neighborhoods. He suggested that staff look at the penalty provisions section in the ordinance, review the possiblity of providing relocation fees for students, and could support an administrative use permit with the landlord responsible for the rental of his housing. Councilman Reiss favored requirement of a business license. Councilwoman Pinard supported inclusion of a business license fee requiring a permit where there were six or more persons living in a home. After discussion, and upon general consensus, this item was recommended to 1 1 City Council Minutes Page 6 Tuesday, September 19, 1989 - 7:00 P.M. come back at the October 3, 1989, Council Meeting with revisions as.discussed by Council this evening. 9:20 p.m. Mayor Dunin declared a recess; 9:3I p.m. City Council reconvened, all Councilmembers present. 2. APPEAL - ARCHITECTURAL REVIEW COMMISSION (File No. 407) Council held a public hearing to consider an, appeal by Ed Gringrich of an Architectural Review Commission decision to conditionally approve plan revisions (mail Kiosk) to the Foothill Plaza Shopping Center (773 Foothill Boulevard); Channel Lumber Company, owner (continued from 7/5/89). Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution denying the appeal and upholding the Architectural Review Commission's action. Mayor Dunin declared the public hearing open. Ed Gringrich spoke in support of his appeal.) Paul Ready supported the appeal, urging the Council to allow a non - conditional demolition permit of the mail Kiosk. Jeff Radina, owner of The Mailbox, supportedithe proposed change to the zoning code to allow postal services in the C -N zone. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rappa /Dunin (5 -0) Resolution No. 6691 adopted denying the appeal and upholding the Architectural Review Commission's action without prejudice as found in Exhibit B. It was then moved by Rappa /Settle (5 -0) to initiate a text amendment to the commercial neighborhood (C -N) zoning standards to allow postal facilities. 3. APPEAL - PLANNING COMMISSION (File No. 407) Council held a public hearing to consider an appeal by Jens Wessel, Alpha Upsilon Fraternity, of a Planning commission 'decision to deny a use permit to allow a fraternity house at 720 and 726 Foothill Boulevard. Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution upholding the Planning Commission's action and denying the appeal. Mayor Dunin declared the public hearing open.) Jens Wessel, President of the fraternity, 726,Foothill Boulevard, spoke in support of their appeal. j 13 14 City Council Minutes Page 7 Tuesday, September 19, 1989 - 7:00 p.m. Wayne Crane, 726 Foothill, and a member of the fraternity, supported the appeal, but urged that Council continue this item to allow an opportunity for their attorney to be present. John Sachs, Attorney representing about 200 residents, urged denial of the permit. Anna Barbosa, 233 Ferrini, urged denial of the permit. Ms Deymever, representing a nearby sorority, spoke in support of the request for the use permit. Al Bonen, nearby property owner of the Lanai Apartments, urged denial of the permit. Frances Thomas, Chorro Street, spoke in support. Hughes Angrafiano, 730 Foothill, spoke in support. Eleanor Bonen, owner of the Lanai Apartments, urged denial of the use permit. Lani Falum, spoke in support of the use permit. Katherine Reed, Ferrini Road, was opposed to the use permit. ' Val Mylosevic, spoke against the use permit. Eric Horton, Cooper Drive, opposed the use permit. Vic Barbosa, opposed the use permit. Daniel Nelson, spoke in support. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rappa /Pinard (5 -0) Resolution No. 6692 was adopted denying the appeal and upholding the Planning Commission's action as recommended. 4. PARKING USER FEES (File No. 554) Council held a public hearing to consider establishing parking user fees for Railroad Square property owners and businessess (continued from 8/15/89 and 9/5/89). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that 1) Council adopt a resolution approving the lease agreement for property owners in the Railroad Square parking service area , establishing a $12.00 a space per month lease, and, 2) direct staff to begin negotiations with Southern Pacific to secure additional parking in Railroad 15 City Council Minutes Page 8 Tuesday, September 19, 1989 - 7:00 p.m. ' Square implementing qu pl enting other parking management techniques as outlined in the .staff report. Mayor Dunin declared the public hearing open. Bud Beecher, representing the Alano Club, a non - profit organization, stated that the fee for the parking spaces was more than their agency could afford and would probably require them to move away from this area. He urged Council's consideration for non - profit organizations, possibly allowing a waiver or discount rate. Mayor Dunin declared the public hearing closed. After discussion, moved by Dunin /Pinard (5 -0) Resolution No. 6693 was adopted establishing parking user fees for Railroad Square property owners and business, and approving the lease agreement with an amendment to delete the section referencing parking meters, further that staff be directed to begin negotiations with Southern Pacific to secure additional parking as recommended in the staff report, and grant opportunity to Alano to apply for a fee waiver as a non - profit organization. 5. APPEAL - TREE COMMITTEE (File No. 505) ' Council held a public hearing to consider an appeal by Donald Berry of a Tree Committee decision to allow removal of two Monterey Pine trees at Space #87, Chumash Village Mobilehome Park, 3057 South Higuera Street. Dave Romero, Public works Director, reviewed the agenda report with the recommendation that Council adopt a resolution denying the appeal of Donald Berry, and supporting the Tree Committee's decision to allow removal of the two Montery Pine trees. Mayor Dunin declared the public hearing open. Donald Berry, appellant, spoke in support of his appeal. Lorraine Davis, South Higuera Street, spoke in support of the appeal. Helda Hunt supported the appeal. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Pinard /Settle (5 -0), Resolution No. 6694 adopted to uphold the appeal and deny the Tree Committee's decision allowing removal of the two Monterey Pine trees. 6. PARKING STRUCTURE POLICY (File No. 554) Council considered the adoption of a policy to eliminate subsidized parking for users of public parking facilities including on- street spaces in the downtown. 16 City Council Minutes Page 9 Tuesday, September 19, 1989 - 7:00 p.m. 1 Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council, by motion, adopt a policy that the parking program not provide free parking except as agreed on with the County Courts. Mayor Dunin declared the public hearing open. Crissa Hewitt, volunteer with the Art Center, urged denial of the policy or at least allow for some volunteer waiver for members of the Art Center Organization. Dan Krieger agreed that volunteers should receive free parking and urged the Council support that policy. Ann Sinsheimer also spoke in support of some provision being made for volunteers. Mayor Dunin closed the public portion of the meeting. After discussion, moved by Rapva /Settle (5 -0) to direct staff to report back on a parking policy that would allow non - profit groups and volunteers to apply for waiver of parking fees in public parking structures. 1 7. CHILDREN'S MUSEUM (File No. 700) Council considered an interim Children's Museum to be located on City property at 1010 Nipomo Street. Randy Rossi, Interim Community Development Director, reviewed the agenda report with the recommendation that staff be directed to draft an agreement with Rob and Kathy Strong for temporary use of property at 1010 Nipomo Street as Children's Museum, and direct staff to initiate appropriate rezoning of property and general plan amendment. Mayor Dunin asked for public comment. Rob Strong spoke in support of the recommended staff's action. Councilman Reiss expressed a concern about providing temporary storage containers around the downtown area and urged the Council to direct staff to find an appropriate place for these units, or look for some way to eliminate them. After discussion, moved by Raopa /Settle (5 -0) staff was directed to draft an agreement for the temporary use of property at 1010 Nipomo Street, and initiate appropriate rezoning of property and general plan amendment as recommended. Further, that staff be directed to report back on storage I arrangements. 1 1 City Council Minutes Tuesday, September 19, 1989 - 7:00'p.m. S. DOWNTOWN SIDEWALK RECONSTRUCTION (File No. 533) Page 10 Council considered various timing alternatives to reconstruct sidewalks in the downtown to Mission Style sidewalks. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council, by motion, approve staff recommendation to follow alternative #5, found in the staff report, at a $200,000.00 funding level. After discussion, moved by Rappa /Dunin (5 -0) that this project be deferred until the Council can review the Downtown Master Plan. Motion carried unanimously. COMMUNICATIONS COMM. 1. Staff directed to write letter to People's Kitchen explaining the status of current housing plans for the homeless. 11:55 p.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday,( tVtembyr_26, 1989, at 7:00 p.m. APPROVED BY COUNCIL: 10/30/89 PV:nlo ROLL CALL Councilmembers Pam,Voges, City M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 26, 1989 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Present: Vice -Mayor Peg Pinard, Councilmembers Penny Rappa, Jerry Reiss, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Vicki Finucane, Assistant City Attorney; Pam Voges, City Clerk; Bill Statler, Finance Director; Mike Dolder, Fire Chief; Bill Hetland, Utilities Director; Allen Short, Water Division Manager 17