HomeMy WebLinkAbout08/09/1983City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m.
Page 2
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor
Melanie C. Billig
Absent: Allen K. Settle
City Staff
Present: Paul Lanspery, Administrative Officer; Geoff Grote,
Assistant Administrative Officer; Pamela Voges, City Clerk;
Toby Ross, Community Development Director; Brad Hopkins,.
Fire Captain; George Truppelli, Acting Fire Chief
WEED ABATEMENT.
Council continued its public hearing to consider the Fire Chief's report
confirming liens upon three properties for weed abatement costs within the
city (continued from 8/2/83).
George Truppelli, Acting Fire Chief, reviewed the Council agenda report
(see file no. 723) and stated there were three property owners who had been
exempted from the original resolution confirming the other liens. 1) Mrs.
Millsap, had received sufficient legal notice but failed to accomplish the
required work, therefore, staff was recommending no adjustment. Regarding
the issue of the contractor, excess time was not supported by the detailed
billing statements for the size of the property. He would, therefore,
recommend a total lien of $390 for this parcel. 2) He then reviewed
Raymond Long's claim of insufficient notice and stated staff's recommendation
was that the owner's claim of failure to receive written notice by mail as
set forth in the Municipal Code could be valid in that the mailing was
neither certified nor registered and the letter of notice could have been
inadvertently lost or delayed. Staff was recommending forgiveness of all
charges, administrative fees and penalties in the interest of fairness and
in the face of reasonable doubt that notification had occurred. 3) He then
reviewed Albert Wighton's claim stating that the owner had received legal
and sufficient notice to complete the required work and failed to do so.
Owner claimed that the contractor's time was excessive, however, this was
not acted upon, in that sufficient notice was provided, and the owner was
informed that it would be less expensive to privately retain a contractor.
This property had been visually inspected on August 4, 1983, and.the six
hours total billed and confirmed by the contractor did not .appear unduly
excessive. It was, therefore, staff's recommendation to charge Mr.- Wighton
the original assessment of $299.
Council reviewed the procedure for notification and suggested that in the
future the final notice be sent certified or registered mail so that claims
for insufficient notice could be acted upon. Council also discussed Mr.
Long's property and whether or not the administrative and Fire Department
costs should be retained and only the penalty removed as the service had
been performed and was an actual cost incurred by the City.
After brief discussion and on motion of Councilwoman Dovey, seconded by
Councilman.Griffin, the following resolution was introduced: Resolution
No. 5190, (1983 Series), a resolution of the Council of the City of San
Luis Obispo confirming liens upon real property parcels for weed abatement
costs as follows:
Parcel No. 03- 759 -04 -000 - total $390.00 '
Parcel No. 03- 737 -14 -000 - total $ 77.00
Parcel No. 53- 063 -05 -000 - total $299.00
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m.,.
Page 3
Staff also directed to send final notices by registered mail (4 -0 -1).
2. GENERAL PLAN AMENDMENTS /REZONINGS
..Council held public hearings to consider Planning Commission recommendations
on the following General Plan amendments and rezonings:
A -1. Consideration of amending the Land Use element Map and Zoning Map
' (GP /R 1096 and 1102) to change the designations from Medium Density Residential
(R -2) to Medium -high Density Residential (R -3) on property located at 3120
through 3195 Alicita Court; John Wiebe, applicant.
A -2.. Consideration of amending the Land Use Element Map and Zoning Map to
change.-the designations from Medium Density Residential (R -2 and R -2 -S) to
Medium -high Density Residential (R -3) on property located at 206 and 210
Margarita- Avenue; City of san Luis Obispo, applicant.
Toby Ross, Community Development Director, stated that the Council should
hold hearings and only take straw votes on each Plan amendment with contin-
uances-as necessary. Once all Plan amendments have been considered, the
Council would, in one motion, take action at a later meeting to adopt or
reject the amendments. This would probably be coming back to Council at
their September 6 Council meeting. The Council did have the option to
introduce now, ordinances rezoning areas affected by the plan amendments,
with final adoption to occur when the package of Plan amendments was acted
upon.
He then reviewed A -1 (file no. 463).stating that the Planning Commission
had on a 4 -0 vote recommended approval of the changes as requested. Only
the applicant testified during Planning Commission hearings on the item and
no correspondence had been received. Staff was recommending that Council
approve a negative declaration of environmental impact and approve the
requested changes. On item A -2, he stated the Planning Commission had
again on a 4 -0 vote recommended approval of the changes proposed. No
testimony or correspondence had been received; and it was again staff's
recommendation that Council approve the negative declaration and environmental
impact and approve the requested changes.
Mayor-Billig declared the public hearing open.
Tom Priest, 738 Higuera Street, Suite B, urged the Council's support-for
the proposed rezoning on Alicita Court and stated he was available for any
questions.
Mayor Billig declared the public hearing closed.
Councilwoman Dovey stated she had problems with this.rezoning in that she
.could not support zoning for a specific project.. She would like to see a
report back on the broader area to include both sides of.Margarita.
Councilman Dunin stated he could support the project as recommended.
Councilman Griffin could also support the project as recommended.
Mayor Billig stated she could support it if a larger area had been.looked
at, but since the rest had not been reviewed, it appeared to be spot
zoning. She could, therefore, be supportive of another look by staff.
After discussion and upon general consensus, staff was directed to review
and report back on a broader area (both sides of Margarita), rather than
just this parcel, with additional report. Final decision to be made at the
September 6, 1983, Council meeting (2 -2).
B. Consideration of a Planning Commission recommendation to amend the Land
Use - Element Map and Zoning Map (GP /R 1091) to change the designations from
Neighborhood Commercial (C -N) to Service Commercial /Light Industrial (C -S)
on. property located at 2110 Broad Street and 2121 Santa Barbara Street;
Jules:Rogoff, applicant.
City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m. .
Page 4
Toby Ross, Community Development Director, reviewed the council agenda
report (file no. 463) and stated the Planning Commission had voted 5 -2 to
approve the changes. Only the applicant had testified at the Planning
Commission hearing. One phone call was received from a property owner in
the vicinity opposing the changes on the basis that it would allow a wide
range of undesirable uses close to a residential area. Staff's`
recommendation was to approve the negative declaration of environmental
impact and approve the requested changes. I
Mayor Billig declared the public hearing open.
Jules Rogoff, 1343 Marsh Street, reviewed the project and stated his
interest in the project was only there if he could purchase the property
for the purpose of'putting in'a car wash. He felt that noise attenuation
had been addressed by placing conditions for hours of operation and construc-
tion of sound absorbing walls and roofing. He felt it was a'proper land
use as well.
Rob Strong, representing the applicant, reminded Council that this was a
zoning issue and not a project issue. However, the suggested rezoning was
appropriate with the surrounding uses in the neighborhood and he .would
therefore, urge Council support.
Mayor Billig declared the public hearing closed.
Councilwoman Dovey stated she could support the proposed change. .
Councilman Griffin stated it-was more difficult for him as he was:non- suppor-
tive of the proposed use (car wash)-but would support the rezoning on a
land -use basis as he felt it was appropriate.
Councilman Dunin had no problem and would support the zone - change as
recommended.
Mayor Billig could also support the change as recommended.
Conceptual approval given to support rezoning as recommended (4 -0).
C. Consideration of a Planning Commission recommendation to amend'Appendix
A of the Land Use Element (GP 1090) concerning implementation measures;
City of San Luis Obispo, applicant.
Toby Ross, Community Development Director, reviewed the Council:-.agenda
report (file no. 463) and stated the Planning Commission voted 4 -0 to
approve the amendment. No public testimony was given. Staff was _recommending
a straw vote by Council to approve the proposed changes. The Council could
take any action from revising and updating item 2 only, to deleting.the
entire appendix. The application could be denied or continued since it was
not a project as defined in environmental review rules and no determination
need be met.
After brief discussion and upon general consensus, Council agreed that the
Appendix be deleted (4 -'0). _
D. Consideration of an appeal by Rob Strong of a decision by the Planning
Commission (GP /R 1093) denying request to amend the Land Use Element Map
and Zoning Map to change the designations from Low - density Residential
(R -1) to Medium - density Residential (R -2) on property located at 291, 301,
321 and 331 Hathway Avenue; Jessie Norris and City of San Luis Obispo',`
applicants.
Toby Ross, Community Development Director, reviewed the council agenda'
report (file no. 463) and stated it was the Planning Commission's.recommenda-
tion after two public hearings that a technical denial was made on a 3 -1
affirmative vote (four votes had been needed). At an earlier hearing
(April 13, 1983), the Planning Commission ruled that the applicant's
rezoning request was not consistent with the adopted General'Plan and that
an amendment request was needed. At that meeting the Commission alsoi
initiated Plan amendments and rezonings for adjacent properties to allow
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City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m.
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flexibility and final action on the appli'cant's request. It was staff's
recommendation to deny the appeal upholding the Commission's action to deny
the General Plan /rezoning request.
Mayor Billig declared the public hearing open.
Rob Strong, representing the applicant Jessie Norris, stated that Mr.
Norris was unable to appear because he was out of the country. He reviewed
the history of the rezoning and stated there had been no neighborhood
opposition. He felt this was proper as the property was surrounded primarily
by R =4 and a small portion of R -1 which made these parcels a logical
transition by being zoned R -2.
Mayor Billig declared the public hearing closed.
Councilwoman Dovey felt that the whole area should be looked at as one
piece or not approved for any change. She suggested that if the Council
supported an R -2 designation, that an (S) be included as it was adjacent to
an R -1 zone; and the traffic and access should be more closely reviewed.
She would consider all of Hathway and one side of Carpenter in an R -2 zone.
Councilman Griffin stated he could support the four lots to become R -2
possibly adding an (S) designation.'
Mayor Billig stated she could support the project as recommended for R -2.
Councilman Dunin would also support the project as recommended to R -2.
After brief discussion conceptual approval was given to support the rezoning
as recommended (4 -0 -1).
2 =E. Consideration of an.appeal by Rob Strong of a decision by the Planning
Commission denying request to amend the Land Use Element Map to change the
designations from Service Commercial /Light Industrial - Planned Development
(C -S -PD) to Tourist Commercial (C -T)•on property located at 2300 Los Osos
Valley Road; Jay Stream, applicant (1095).
Toby Ross, Community Development director,.reviewed the:council; agenda
report (file no. 463) and stated the Planning Commission had voted 4 -3 to
deny the request. The applicant's representative had spoken in favor;
however, representatives of the neighboring auto dealerships spoke against
it stating they had chosen the auto park location partially due to assurances
that-it-would become a.consolidated auto- shopping area. They felt the Los
Osos.Valley frontage should be reserved for auto dealers. Past recommendation
was to approve a negative declaration of the environmental impact, approve
the requested General Plan amendment and approve the rezoning from (C -S -PD)
to (C -T). Staff anticipated no immediate fiscal impact as a result of
changing the types of uses allowed on the site. Tourist development would
probably result in greater revenues from transient occupancy, property and
utility taxes, in comparison with.revenue from auto - related uses. Public
service costs would probably be higher as well.
Mayor Billig declared the public hearing open.
Rob Strong, representing the applicant Jay Stream; reviewed the zoning
history of the site and stated that in December 1978 in response to an
application, the site was rezoned to C -H -PD. The rezoning ordinance
stipulated that if a development plan was not submitted within 24 months, a
' public hearing would be set to consider city- initiated rezoning back to
C -T. The use permit and architectural approval for a car dealership was in
1979;•however; the car dealership had not been developed and the approvals
expired. ,No:hearing for a city - initiated rezoning back to C- T,was,held
because, in effect, the development plan had been submitted and approved.
He felt there was sufficient property in the same location that permitted
additional auto dealerships if they were so desired. However, it,was
obvious that no one was interested or one would have been built by this
time. Again, he did not feel the specific use of the property should be a
concern, i.e. the 150 -room motel proposed for the project.
City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m.
Page 6
Mayor Billig declared the public hearing closed.
Council again discussed the zoning history of the site and what plans had
been pursued to encourage an auto park way.
Councilman Dunin stated he could support the request as he felt the majority
of the dealers have obviously resisted moving into the area, adjacent
parcels were already C -T; and he felt a motel at this location was
important.
Councilwoman Dovey also could support the C -T zoning. The last time it was
changed she would not have been able to support it as it again seemed to be
spot zoning. She would, therefore, be able to support the request but she
was not sure she would be able to support the eventual potential use.
Councilman Griffin would prefer to have,a more comprehensive use looked at
for the area. He felt strongly that there should have been some implementa-
tion.to support the original-policy to make this an auto parkway.
Mayor Billig agreed and-was concerned that this zoning possibly should have
reverted back to the original C -T, which would not have necessitated coming
back to the Council at this time. If Auto Park Way was ever to happen, the
Council must take a hard look at allowed uses on Monterey Street. 'She
would prefer to look at the entire area.
After considerable discussion staff was directed to evaluate and report
back on the entire area including possible long -term future land uses,
planning perceptions and the viability of an auto park concept and look
toward long -term planning direction for this area- (3 -1).
3. REPORT OF ACTIVITIES BY STANDING COUNCIL SUBCOMMITTEES
A. Area Council of Governments Councilwoman Dovey
Councilwoman Dovey reported on recent actions taken by COG and stated COG
had sent letters to OCS with regard to air quality. There was continued
support for the continuation of the Atascadero bus line, and the Committee
was currently updating the Regional Transportation Plan.
B. County Water Advisory Committee Mayor Billig
Mayor Billig stated that an amendment had been made to the live stream
concept and that the water and sewer masterplan was being worked on.
Templeton's water situation is now resolved as they.are no longer asking
for the Nacimiento water. She will be on the Committee to evaluate the
study. Nothing is being done on State or Nacimiento at this timer
C. North Coastal Transportation
Councilman Settle:.'-
No report received due to Councilman Settle's absence.
D. Whale Rock Commission Mayor Billig
Mayor Billig stated that the Commission had given final approval to the
budget. An agreement had been reached with regard to water consumption.
Also, they had reached agreement with regard to excess water to be 'charged
to the various member and non - member agencies. The Mens' Colony would be
charged $50 per acre feet for excess water. She stated that a new member,
Mr. Robert Chun, representing the State Department of Resources, was now on
board and she felt he was a valuable asset to the Commission. She stated
the Safe Annual Yield Study that had been performed in 1974 was reaffirmed
by the Commission as being the figures from which they would work;. however,
it was strongly objected to by the Mens' Colony.
E. Zone 9 Advisory Committee Vice -Mayor Dunin
Vice -Mayor Dunin stated that the budget had been approved by the Board of
Supervisors and had also been very controversial. Several new approaches
are being looked at: 1) the city has taken over several projects, and they
are now under the supervision of the city; 2) the Zone 9 Committee will
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City Council Minutes
Tuesday, August 9, 1983 - 7:00 p.m.
Page 7
study the Airport area regarding drainage only; 3) the City of San Luis
Obispo makes the largest financial contribution but does not have equivalent
voting strength, which is why most of this-money goes towards other areas.
He stated he was reviewing the Fish and Game's responsibilities. He felt
that they assumed more responsibility than -they have been given; however,
he did feel the city had a good relationship with the current representative
from Fish and Game. He was more concerned if that person should leave:
C O M M U N I C A T I O N S
C -1. After brief discussion the City Attorney was directed to review the
possibility that the east facility gym at the CMC will be renovated to
provide for 200 additional inmates.
C -2 Council supported the sponsoring of an annual awards dinner for
advisory bodies, specifically a barbecue to be held in September to thank
former members for their past service to the city. Council agreed to
invite members and spouses.
There being no further business to come before the City Council, Mayor
Billig adjourned the meeting at 9:15 p.m. to Friday, August 12, 1983; at
11:30 a.m.
Pamela Voges, Oity Clerk
APPROVED BY COUNCIL: 9/6/83
:MIN -.UT ES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
FRIDAY, AUGUST 12, 1983 - 11:30 A.M.
ATTORNEY'S CONFERENCE ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present:
GlennaDeane Dovey, Ron.Dunin, Robert Griffin and Mayor
Melanie C. Billig
Absent: Councilman Allen K. Settle
City Staff
Present: Pam Voges, City Clerk
11:40:a.m. City Council adjourned to Closed Session to discuss Personnel
Matters. (City Clerk)
1:15 p.m. Mayor Billig declared a recess.
1:30 p.m. City Council reconvened in Closed Session to discuss Personnel
Matters. (City Attorney)
2:45 p.m. City Council reconvened, Councilman Settle absent.
There being no further business to come befor he City Council, Mayor
Billig adjourned the meeting to Monday, -Aug S 5, 1983, 1200 noon.
IA 5z
mela Voges, City e k
APPROVED BY COUNCIL: 10/18/83