HomeMy WebLinkAbout08/06/199170
City Council Minutes Page 2
Tuesday, August 6, 1991 - 7:00 p.m. I
City Staff
Present: John Dunn, City Administrative Officer, [Zen Hampian, Assistant City Administrative
Officer, Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, City
Community Development Director, Jim Gardiner, Police Chief; Dave Romero, Public
Works Director, Wayne Peterson, City Engineer
No public comment was received.
PUBLIC COMMENT
ADD ON ITEM
Al. ARCHITECTURAL REVIEW COMMISSION (File No. 123)
Moved by RaM@/Roalman to add the recommendation for appointment to the Architectural Review
Commission to the agenda. Motion carried unanimously (5 -0).
CONSENT AGENDA
Moved by Rappa /Roalman (5 -0), the Consent Agenda was unanimously approved as recommended by the City
Administrative Officer with the exceptions of C-0 and C-8 as noted.
C -1 COUNCIL MINUTES
Moved by Rapp /Roalman (5 -0), the following minutes were approved as submitted:
Tuesday, June 18, 1991 at 7:00 p.m.,
Monday, June 24, 1991 at 12:00 Noon, and
Tuesday, June 25, 1991 at 7:00 pm.
C -2 CONTRACT PAY ESTIMATES
Moved by Raopa1Roalman, contract pay estimates and change orders approved (5 -0) and ordered paid as
recommended.
C -3 TRANSIT CONTRACT RATE INCREASE (File No. 541)
Moved by Rapp /Roalman (5 -0), to approve a contract rate increase for Fiscal Year 1991 -92 in the amount of
$.05 per mile (from $1.85 to $1.90) to Laidlaw Transit, Inc. for SLO City Transit Service as recommended.
C4 BONDING AND INSURANCE REQUIREMENTS (File No. 776)
Moved by Rapa /Roalman (5 -0), Ordinance No. 1196 was introduced to print deleting bonding and amending
liability insurance requirements for transportation permits (Municipal Code Sections 10.08.060 and 10.80.070)
as recommended.
C -5 PARKING PERMIT RENEWAL (File No. 551)
Moved by Rapna /Roalman (5 -0), to adopt Resolution No. 7008 establishing an area of the City as a residential
parking permit area (Cal Poly residential parking district), establishing days and hours of operation of said '
area. and setting fees for application and time of renewal for parking permits as recommended.
City Council Minutes Page 3
Tuesday, August 6, 1991 - 7:00 p.m.
C-6 WASTEWATER MANAGEMENT PLAN IMPLEMENTATION SERVICES. (File No. 521)
Council considered an agreement with Brown and Caldwell for follow -up Engineering Services in an amount
not to exceed $319,5(10 for implementation of the Wastewater Management Plan.
Moved by RaMR/Roalman (3-0-2, Councilwoman Pinard and Mayor Dunin voting no) to authorize the Mayor
to execute the follow -up Engineering Services agreement (A- 113- 91-CA) with Brown and Caldwell Engineers for
implementation of the Wastewater Management Plan at a cost not to exceed $319,500 as recommended. Both
Councilwoman Pinard and Mayor Dunin stated their no vote was registered as they felt the project was too
costly.
C -7 WATER RECLAMATION PROGRAM IMPLEMENTATION (File No. 517)
Council considered the Water Reclamation Program implementation, authorizing Utilities Director or his
designee to file applications for water rights and for a State Revolving Fund (SRF) loan, and the execution of
resultant agreements.
Moved by Rapna /Roalman (5 -0), Resolution No. 7009 was adopted 1) authorizing the Utilities Director or his
designee to sign and file an application for the appropriation of water, and a SRF loan for the reclamation of
municipal wastewater, 2) authorizing the City's representative to certify the City's compliance with all State
regulations and State and Federal statutory and regulatory requirements related to loan funds received; and
3) authorizing the City's representative to execute the.resultant water rights applications, the loan agreement
and amendments, for the purpose of water rights and securing SRF water reclamation loan funds as
recommended.
C-8 NATIONAL GUARD REDUCTIONS (File No. 742)
Council considered a request by Lt. Colonel Hageman, Commander of Camp San Luis Obispo, to oppose the
proposed reductions to the California Army National Guard.
After brief discussion, moved by Dunin /Rauna. Resolution No. 7010 (4 -1, Councilman Roalman voting no) was
adopted to oppose the proposed reductions as requested.
C -9 BIA APPOINTMENT (File No. 123)
Moved by Raopa /Roalman (5 -0), to appoint Richard Steele to the BIA Board of Directors to 611 an unexpired
term ending on March 31, 1992, as recommended.
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COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
APPOINTMENT
Al. ARCHITECTURAL REVIEW COMMISSION (File No. 123)
Council considered an appointment to the Architectural Review Commission to rill an unexpired term ending
March 31, 1992 (continued from 7/16/91).
Councilman Roalman briefly reviewed the Council Subcommittee Liaison Report with the recommendation to
appoint Bruce Sievertson to rill the unexpired term.
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City Council Minutes
Tuesday, August 6, 1991 - 7:00 p.m.
Mayor Dunin asked for public comment.
Page 4
Said Redersman suggested Council consider amending the advisory body policy to require a person serve on
a committee or commission at least two years before being allowed to transfer to another committee.
Moved by Roalman / Pinard to appoint Bruce Sievertson to the ARC for the unexpired term as recommended.
Motion carried (4-1, Mayor Dunin voting no).
BUSINESS ITEM
1. EXCHANGE OF PROPERTY (File No. 168)
Council considered an exchange of property between the City (Laguna Lake Municipal Golf Course) located
at 11175 Los Osos Valley Road and Laguna Lake Mobile Estates (1801 Prefumo Canyon Road). (Continued
from 5/7/91, 6/4/91 and 7/2/91.)
Mayor Dunin stepped down due to a possible conflict of interest as he is a resident of the mobilehome park,
Vice Mayor Roalman presiding.
Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation
that Council adopt the resolution approving the land exchange based on the findings and subject to conditions.
Vice Mayor Roalman asked for public comment.
Ken Desinza..engineer representing the owner of the Laguna Lake Mobilehome Park, spoke in support of the
exchange.
Sue Lofton, attorney representing the owner of the Laguna Lake Mobilehome Park, reviewed the alternatives
and spoke in support of the recommended action. Upon question, she stated they would be willing to double
the appraised price of the land exchange from $3,000 to $6,000.
Betty Henson. 1860 Thelma Drive, urged against the exchange. She felt the owners had not been committed to
upgrading the property and maintaining its original state as required by its use permit. She further stated her
concern about the economic hardship that would result if the park owners were required to maintain the creek
area.
Lloyd Dietrich, 1837 Garnette Drive, expressed concern about the maintenance of the creek and the children's
playground area. He felt that the owner should have been responsible for taking care of both areas.
Bill Henson. 1860 Thelma Drive, also urged that the playground be restored to its original state.
Roy Han tF 569 Lawrence Drive, was concerned about the low appraisal figure.
Lois Reinhardt, resident on Gathe Drive in the Laguna lake Mobilehome Park, felt that the owners of the park
had been negligent in maintaining the creek and the playground areas.
Brett Cross. 1217 Mariner's Cove, questioned how much it would cost to fix the creek corridor. He suggested
that the park owners put in another playground and leave the creek alone.
Vice Mayor Roalman closed the public hearing.
Councilwoman Pinard was concerned that the creek be repaired by the owners and suggested that they also be
responsible for putting in the playground.
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City Council Minutes Page 5
Tuesday, August 6, 1991 - 7:00 p.m.
Councilman Reiss felt that the appraised amount was exorbitantly low. He also felt that the owners had not
made a real effort to maintain the creek or provide the needed maintenance for the playground equipment and
did not believe the exchange would be in the best long -term interest of the City.
Councilman Roalman stated he could support the exchange.
Councilwoman Rapp was concerned that the playground be restored, but was not sure that the performance
bond was the best way to bring this about.
After discussion, moved by Roalman/Pinard to adopt Resolution No. 7011 approving the land exchange based
on findings and subject to conditions with the following amendments: 1) performance security for creek
restoration be provided and the work completed to the satisfaction of the City Engineer, and 2) playground
equipment be replaced to the satisfaction of the Recreation Director. Motion carried (3 -1 -1, Councilman Reiss
voting no, Mayor Dunin absent).
Mayor Dunin returned to the dias.
8:50 p.m. Mayor Dunin declared a recess.
9.05 pm. City Council reconvened; all Councilmembers present.
PRESENTATION
Presentation by Barbara Wells on behalf of the County Health Department Tobacco Control Coalition in honor
of the City's one -year anniversary of its no- smoking ordinance. She presented a card to the City Council signed
by many residents and visitor's to the community expressing their support and appreciation.
. —.W - -- PUBLIC HEARINGS — ... - --
2. WEED ABATEMENT (File No. 723)
Council held a public hearing to confirm costs to property owners for the removal of weeds and debris in
various areas of the City.
Bob Neumann, Fire Chief, reviewed the agenda report with the recommendation that Council adopt a resolution
confirming liens upon real property parcels for weed and /or debris abatement costs in the City of San Luis
Obispo as identified in Exhibit A of the resolution given in the Council's packet.
Mayor Dunin declared the public hearing open.
No one spoke for or against the proposed abatement costs.
Mayor Dunin declared the public hearing closed.
Moved by Pinard /Rapp. Resolution No. 7012 (5 -0) was adopted confirming liens upon real property parcels
as recommended.
3. SIDEWALK IMPROVEMENTS (File No. 533)
Council held a public hearing to pass upon objections raised by property owners to City requirements that
owners install curb, gutter and sidewalk improvements where more than 50% of the block is already improved.
Vice Mayor Roalman stepped down due to a possible conflict of interest.
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City Council Minutes Page 6
Tuesday, August 6, 1991 - 7:00 pan.
Dave Romero . Public Works Director, reviewed the agenda report with the recommendation that Council hold
a hearing to pass upon objections raised by the property owners and, by motion, make determinations regarding
modifications to Exhibit A in the Council's packet. He stated that letters had been received from Harold
Calloway and Alice Randall regarding their properties at 647 Woodbridge and 633 Woodbridge respectively.
He did not feel that they warranted exceptions and would therefore support the initial recommended action.
Mayor Dunin declared the public hearing open.
Warren Sinsheimer, representing properties at 670 Osos Street and 662 Osos Street, requested that the required
improvements be deferred to the next round of sidewalk improvements because the properties were subject to
development.
Moved by Pinard /Reiss to defer improvements at 670 and 662 Osos Street to the next round of improvements
as requested. Motion carried (4 -0-1, Councilman Roalman absent).
Vice Mayor Roalman returned to the dias.
Mr. Valley, representing property at 2959 Broad Street, also requested that the approximate cost of $2,79538
for construction of curb, gutter and sidewalk improvements at this location be deferred to the next round
because this property was subject to sale.
Moved by Roalman /Pinard, to defer this property to the next round of sidewalk improvements. Motion carried
Mr. Banducci, representing property at 623 Perkins lane on the Rockview side, did not feel that he had
sufficient information to obtain a firm commitment by the City or from a contractor to identify what a true
construction estimate would be. He requested that this property be deferred as well or that the City give him ,
a firm price.
After brief discussion, moved by Dunin /Roalman to refer this to staff for a two -week delay to identify a better
cost allocation. Motion carried (5 -0).
Gerald Craig, representing 633 through 635 Woodbridge Street and property owner Mr. Randall, felt that the
drainage issue at this location needed to be addressed prior to improvements being made.
Matthew Piper, representing property at 2031 Cypress Street, requested a continuance on curb, gutter and
sidewalk improvements to the next round.
Mr. Martin representing properties at 3355, 3361, 3369 and 3375 Broad Street, requested a one year delay for
construction of improvements.
Upon general concurrence, Council supported his request.
Moved by Roalmanf Pinard (5 -0), the list of properties named in Exhibit D, with the exceptions of those
previously noted, identified as requiring improvements if 50% of the block is already improved, was approved
as submitted.
After additional brief discussion, moved by Roalman /Rappa (5 -0) that the recommendation to install street
trees if supported by the property owner was approved as submitted by staff.
4. APPEAL - BARBECUE USE PERMIT (File No. 407)
Council held a public hearing to consider an appeal by Michael Charles of a Planning Commission action to
extend a use permit allowing an outdoor barbecue at Cork 'N' Bottle Liquor on the north side of Foothill
Boulevard west of Chorro Street; Randy Estes, applicant (continued from 7/16/91).
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City Council Minutes Page 7
Tuesday, August 6, 1991 - 7:00 p.m.
Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation
that Council adopt a resolution denying the appeal and allowing the barbecue operation to continue for an
additional six months as approved by the Planning Commission. The Planning Commission also directed
staff to work with the Chamber of Commerce and other interested parties to draft guidelines for operation of
outdoor barbecues in the City and report back to the commission before the extended use permits expire,
which would be December 1991.
Mayor Dunin declared the public hearing open.
Mike Charles. 277 Prefumo Canyon Road, spoke in support of his appeal and urged the Council to deny the
operation for the barbecue use permit. He stated that the smoke was a deterrent to his customers and an
inappropriate use of the property.
Barbara Brenson, 174 High Street, did not feel the barbecue operation had complied with all other City
regulations and should therefore be denied.
Randy Estes, representing Cork'N' Bottle, spoke in support of being allowed the outdoor barbecue.
Tom Sevenik felt the barbecues were setting a bad precedence all over the downtown and other places within
the City and urged that some regulations be adopted or that permits be denied.
Floyd Deeter, property owner across from Cork 'N' Bottle, spoke in support of the Cork 'N' Bottle request and, .
did not feel that it represented a negative situation.
Brett Cross. 1217 Mariner's Cove, spoke in support of the request by Cork 'N' Bottle to operate the outdoor,
barbecue.
Naoma Wright. speaking on behalf of Peggy Wilson who lives at 286 California Boulevard, had a similar
concern with the barbecue operations at Campus Bottle and urged that some regulations be provided as she:
felt it was a health concern.
Mayor Dunin declared the public hearing closed.
Councilwoman Ranua felt some type of barbecue guidelines should be enacted and that it would be unfair to
take action against this operator now when there were so many others operating within the City. She suggested
that the guidelines be enacted prior to denying the appeal.
After discussion, moved by Roalman /Pinard to adopt Resolution No. 7013 to uphold the appeal and revoke the
barbecue operation extension (4 -1, Councilwoman Rauoa voting no).
Moved by Dunin / Roalman to direct staff to prepare guidelines for the licensing of barbecues throughout the
City. Motion carried unanimously (5 -0).
S. GENERAL PLAN AMENDMENTS AND REZONINGS (File No. 463)
A. GP 1442 /PD 1518 - ViLLA ROSH
Council held a public bearing to consider a Planning Commission recommendation to 1) amend the
Land Use Element map and zoning map to change the designations from Service - Commercial /Light
Industrial (M) to Medium -High Density Residential, Planned Development (R- 3 -PD); and 2) a
preliminary development plan for an 89 -unit residential condominium for the property located at 842
Mutsuhito Avenue; Stan and Elizabeth Bell, applicants (continued from 7/16/91).
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City Council Minutes Page S
Tuesday, August 6, 1991 - 7:00 pm.
Councilmembers Rappa, and Pinard stated for the record they had listened to the tapes from the
previous meeting on this issue.
Arnold .ions. Community Development Director, briefly reviewed the agenda report with the
recommendation that Council give conceptual approval to amend the General Plan Land Use Element
and zoning maps and approve the preliminary development plan and rezoning of property from Service -
Commercial/Light Industrial (M) to Medium -High Residential, Planned Development (R -3 -PD) as
recommended. If the Council got through all of the items this evening, he requested they take action
to adopt the resolution and introduce the ordinance to print as all these amendments should be taken
at one time.
Mayor Dunin declared the public hearing open.
Mike Multarl, representing the owners of Villa Rosa, spoke in support of the project.
Roy Hanlf, 569 Lawrence Drive, was opposed to the project given the lack of water resources.
Lee Ca m. resident on Jeffrey Drive, spoke in support.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Rappa /Reiss to give conceptual approval to the project as
recommended (3 -2, Councilmembers Pinard and Roalman voting no).
Councilmembers Roalman and Pittard expressed concerns about allowing the development to continue
during the drought and until a retrofit review of the current program comes back.
B. GP /R 1500 - LAUREL LANE
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 from Service - Commercial /Light
Industrial, Special Considerations (M -S) to Medium -High Density Residential, Special Considerations
(R -3-S) for property located at 1190 Laurel Lane; TRW, applicant.
Due to the lateness of the hour, moved by Pinard /Rappa, this item was continued to date certain,
Tuesday, August 20, 1991, at 4:00 p.m. Motion carried (4 -1, Councilman Roalman voting no).
C. GP /R 1510 - FOOTHILL BOULEVARD
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 from Neighborhood - Commercial (C-
N) to Office-Special Considerations (O -S) for property located at 399 Foothill Boulevard; Dan
Lemburg, applicant.
Due to the lateness of the hour, moved by Pinard / Rappa, this item be continued to date certain.
Tuesday, August 20, 1991, at 4:00 p.m. Motion carried (4 -1, Councilman Roalman voting no).
D. GP /R 1454 - ORCUTT I
Council held a public hearing to consider an appeal of a Planning Commission action to deny a request
to amend the General Plan Land Use Element map and rezone a 65 acre portion of a 73 acre site from
Service - Commercial /Light Industrial (M and C -S -S) to Medium -High Density Residential, Special
Considerations (R -3 -S) for property located at 761 Orcutt Road: Wood Investments, applicant
(continued from 11/7/90 and 2/5/91).
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City Council Minutes
Tuesday, August 6, 11"1. - 7:00 P.M.
Page 9
Moved by Ranua /Roalman that this item be continued to the next round of General Plan hearings.
Motion carried unanimously (5 -0).
6. PLANNED DEVELOPMENT REZONING - PD 1521 - McMiLLAN AVENUE (File No. 463)
Council held a public hearing to consider amending the zoning map from Industrial (M) to Industrial - Planned
Development (M -PD) and a preliminary development plan allowing large offices for an existing
commercial /industrial complex located at 2992 McMillan Avenue; Roger Brown and Jack Foster, owners.
Due to the lateness of the hour, moved by Pinard /Rapp this item continued to date certain Tuesday, August
20, 1991, at 4:00 p.m. Motion carried (4 -1, Councilman Roalman voting no).
7. CALIFORNIA BOULEVARD BIKE PATH (File No. 462)
Council considered an engineering report regarding the construction of a bike path along California Boulevard.
At the request of staff and upon general consensus, this item referred to the newly formed Bicycle Committee
and Bicycle Coordinator for review and recommendation to the City Council.
8. GENERAL PLAN UPDATE CONSULTANT (File No. 461)
Council considered an agreement for preparation of an EIR scope for the General Plan Update.
Due to the lateness of the hour, moved by Pinard /Rapp this item continued to date certain, Tuesday, August
20, 1991, at 4:00 pm.
11:55 pm. There being no further business to come before the City Council, Mayor Dunin adjourned the
' meeting to Tuesday, August 20, 1991, beginning at 4:00 p.m.
APPROVED BY COUNCIL: 10/1/91 J
PV.jb Pat Voges, City
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 20, 1991 - 4:00 P.M. - 530 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss and Mayor Ron Dunin
Absent: Councilman Roalman
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