HomeMy WebLinkAbout09/20/1983City Council Minutes
Tuesday, September 20, 1983 - 7:00.p.m.
Page 2
,,:-City Staff
Present:. Paul Lanspery, Administrative Officer; Art Shaw, Acting City
Attorney; Pam Voges, City Clerk; Toby Ross, Community
Development Director; Dave Romero, Public Works Director;
Mike Dolder, Fire Chief
C O N S E N T C A L E N D A R
C -1 COUNCIL MINUTES
On motion of Councilman Griffin, seconded by Councilman Settle, the following
minutes be approved as amended: Tuesday, June 14, 1983 - 7:00 p.m.;
Tuesday, June 21, 1983 - 7:00 p.m.; Monday, July 11, 1983 - 11:30 a.m.;
Monday--July 18, 1983 - 11:30 a.m.; Tuesday, August 2, 1983 - 6:00 p.m.;
Tuesday, August 16, 1983 - 7:00 p.m:; Tuesday, August 31, 1983 - 11:30 a.m.
Motion carried, all ayes:
C -2 CLAIM AGAINST THE CITY - HALE
On motion of Councilman Griffin, seconded by Councilman Settle, claim
against the city by Sheri Ann Hale in the amount of $60 resulting from
vehicle being towed away allegedly caused through negligence on part of the
city be denied. Motion carried, all ayes.
C -3 REPORT ON BIDS - WATERLINE IMPROVEMENT PROJECTS
On motion -of Councilman Griffin,-seconded by Councilman Settle, the following
resolution was introduced: Resolution No.•5219 (1983-Seiies); a resolution
of the Council of the City of San Luis Obispo awarding contract "to R.
Baker, Inc., in the amount of $69,395 for "FIXLINI STREET - LIZZIE TO SOUTH
-END WATERLINE IMPROVEMENT PROJECT," City Plan No. G -12.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
- ABSENT: None
On motion of Councilman Griffin, seconded by Councilman Settle,:the• following
resolution was introduced: Resolution No. 5220 (1983 Series), a resolution
.of-the Council of the City of San'Luis Obispo awarding contract to R.
Baker; Inc. in the amount of $114,960 contingent upon approval by the San
Luis Coastal School district to fund its share for "JUNIOR HIGH SCHOOL
PROPERTY WATERLINE IMPROVEMENT PROJECT ", City Plan No. G -49.
Passed and adopted on the following roll call vote:
AYES: Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None .
1 On motion of Councilman Griffin, seconded by Councilman Settle, staff
authorized to negotiate change orders which could reduce the project by as
much as $20,000, with negotiations to include School District's acceptance
'of .responsibility - for time and material costs for rock formations. City
Administrative Officer authorized to use $1,955 of the water utility system
expansion funds to supplement the quarterly funding. Motion carried, all
ayes.
C -4 REMOVAL OF MATERIAL FROM LAGUNA LAKE
.-On motion of Councilman Griffin, seconded by Councilman Settle, the following
City Council Minutes
Tuesday, September 20, 1983 - 7:00 p.m.
Page 3
resolution was introduced: Resolution No. 5221 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement
between the City, County and Zone 9 for removal of material from the
Prefumo arm of Laguna Lake with the Mayor authorized to sign.
Passed and adopted on the following roll call vote:
AYES: Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
C -5 GOLF COURSE OPERATION AGREEMENTS
On motion of Councilman Griffin, seconded by Councilman Settle, the following
resolutions were introduced: Resolution Nos. 5222 and 5223 (1983 Series),
resolutions'of the Council of the City of San Luis'Obispo approving"sii -month
time extensions with Bobbie Kober for golf professional services and golf
course concessions through March 31, 1984.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and'Mayor Billig
NOES: None
ABSENT: None
Councilman Dunin requested that the record reflect he would hope this would
be the last extension to be requested prior to resolving the operation- -of
the golf course.
Upon general consensus staff directed to'further study new proposals for
golf course operations. Motion carried, all ayes.
A D V I S O R Y B 0 D Y A P P O I N T M E N T S
A. APPOINTMENT TO THE CITIZENS' ADVISORY COMMITTEE
Paul Lanspery, Administrative Officer and staff member to the Citizens'
Advisory Committee, recommended the appointment of Randolph Hampton- to'the
Citizens' Advisory Committee to fill a current vacancy with term to expire
March 31, 1984.
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On motion of Councilman Settle, seconded by Councilman Dunin, to appoint
Randolph Hampton to the Citizens' Advisory Committee, term to expire March
31, 1984. Motion carried, all ayes.
B. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE
Councilwoman Dovey stated that six applications had been received and the
subcommittee of Mayor Billig and herself were recommending: Gary R. Label,
Public at Large; Walter Rice, Public at Large; Philip Cocker, as the Cal
Poly representative. All three terms to expire March 31, 1985. -
On motion of Councilwoman Dovey, seconded by Councilman Settle, to'mak& the
three appointments as recommended by the subcommittee. Motion carried, all
ayes.. .. .:
Councilman Griffin also suggested, that as this was the first time that the
MTC Cal Poly representative was not from the ASI, that a letter•explaining
the circumstances be directed to the applicant who had submitted an: application
for that position.
1. APPEAL OF MOBILE HOME RENT REVIEW BOARD DECISION
Council considered an appeal by La Cumbre Management Company, Inc., of a
denial by the Mobile Home 'Rent Review Board to allow a $20 per space rent
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City Council Minutes
Tuesday, September 20, 1983 - 7:00 p.m.
Page 4
increase at Chumash Village Mobile Home Park (continued from 8 /16/83).
This item was covered by court reporter Marla Baize of San Luis Reporting
(please see transcript dated this date). Briefly, this item was not open
for additional hearing with the exception to accept an additional correspon-
dence from James C. Buttery, the attorney for the owners of Chumash Village.
Council accepted this as an "Exhibit F ".
After discussion it was moved by Councilman Griffin, seconded by Councilman
-�• Settle; to amend the :findings of the Rent Review Board-to read as follows:
1. The applicant has not been required to make expenditures of such amount
that it will unable to make a just and reasonable return on its property.
2. Although the applicant has incurred increased costs it has not incurred
costs of such amounts that it will be unable to make a.just and reasonable
return on its property.
3. Based on the evidence presented regarding appropriate operating costs
and °income, the value of the property and the reserves, the appellant has
-been unable to establish that a just and reasonable return on investment
cannot be made.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
- NOES: None
ABSENT: None
On motion of Councilman Griffin,-seconded by Councilman Settle, to deny the
appeal of the applicant based on the,findings of the Rent Review Board as
amended.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
:NOES: None
ABSENT: None
77:35-p.m. Mayor Billig declared a recess.
7:40'p.m. City Council reconvened, all;Councilmembers present.
2. FINAL MAP APPROVAL FOR TRACT 843
Council held a public hearing to consider a resolution granting final map
approval for Tract 843 to create a six -unit residential air -space condominium
located at 528:Hathway Avenue; Dallas G. & Robert V. Fallert, subdividers.
Dave.-Romero, Public Works Director, reviewed the council agenda report (see
file no. 410 -843) stating that all original conditions had been met and
that the.map had been checked and found to be satisfactory. Staff would,
therefore, recommend final approval of the map.
Mayor-Billig declared the public hearing open.
Leonard Lenger, representing the applicant, agreed with staff's recommended
action and would urge Council's approval.
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey:, seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5224 (1983 Series), a resolution
of the Council of the City of San Luis Obispo granting final map approval
for Tract 843 as recommended.
Passed and adopted on the following roll call vote:
AYES:, Councilmembers Dovey:, Settle,;Dunin, Griffin and Mayor Billig
City Council Minutes
Tuesday, September 20,
Page 5
NOES: None
ABSENT: None
1983 - 7:00 p.m.
3. APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION -
Council held a public hearing to consider an appeal by John Andrus of CN
Signs & Graphics of a decision by the Architectural Review Commission
denying approval of monument sign for new Wayne's Tire facility located at
3595`South Higuera Street.
Toby Ross, Community Development Director, reviewed the council agenda
report (file no. 424) stating that the Architectural Review Commission had
reviewed the proposed signs on two occasions and did not feel'thatlthe sign
had been changed substantially toward what they had requested. Unable to
reach an•acceptable alternative, Commissioners opted to deny the sign.
Staff, too, was recommending Council's denial of the appeal and upholding
the Architectural Review Commission's action denying the proposed monument
sign.
Mayor Billig declared the public hearing open.
John Andrus, 2980 Hawkhill Road, San Luis Obispo County, reviewed the
reasons for the appeal. He stated that at the first meeting of the ARC,
they indicated their problem was with the height and the address, in
addition to some other changes of other signs located on the building. The
applicant felt that he had addressed those concerns, went back to the
Commission, and this time the Commission had concerns regarding-the material
and size which had not been indicated at the first meeting. He also felt
that the square footage that had been used for figuring the size was in
error. The applicant would be moving into the building as of next week,
they were very anxious to get the sign issue resolved, therefore, did'not
want to have to go back to the ARC and were hoping Council could resolve
this - problem. =
Councilman Griffin questioned whether or not ARC had been privy to'Ehe new
information i.e. the square footage discrepancy.
Wayne Hesselbarth, operator of Wayne's Tire and living in Santa Maria,
stated that it was because the City had purchased his property downtown
that they were moving to this location. He felt it was very important that
they be able to have a prominent sign in order to allow the traffic to be
aware of their location. He would encourage the Council's support and hope
they could move on this item.
Mayor Billig declared the public hearing closed.
Toby Ross, Community Development Director, stated he did not.disagree with
any facts given by the applicant or his representative. However, he was
not sure that that had any bearing on the final decision as made by the ARC
and what their thinking was.
Paul Lanspery, Administrative Officer; also clarified a statement-in a
letter by the applicant that the city had indicated, during the course of
negotiations a promise to Wayne Hesselbarth that the City would cooperate
with the project at 3595 South Higuera on the signing. To his knowledge,
no discussions with regard to the signing had ever taken.place.
Upon question, Toby Ross reviewed the concerns by the Architectural Review
Commission, stating that the issue was really not the metal siding that was
used as the background for the sign, or the split -faced block which was
also used, both of them would be appropriate. The concern of both ARC and
staff was that the original approval was a simple sign, using the materials
of the building, and free letters. The proposed alternate, was much more
cluttered, using plywood and allowing room for four business names. -Also,
a 17 foot wide sign and its location could screen much of the landscaping.
Councilman Dunin felt that the issue had been somewhat confusing, considering
the ARC was requesting different things at the first and the second meetings,
and the signs were completely different at both.
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Tuesday, September 20, 1983 - 7:00 p.m.
Page 6
-After discussion it was moved by Councilman Griffin, seconded by Councilman
Dunin, to uphold the appeal with four special conditions as follows:
•1: With respect to form and scale, to reduce the width to appropriate
proportion.resulting in.a single sign.
2. The height be maintained as proposed.
3. Materials be free letters, with no use of plywood.
4. -The Community Development Director authorized to adjust condition #1 to
meet the objective and the intent as indicated by Council comments.
Motion carried, all ayes.
Mayor Billig requested that in the future comments, made by the Boards and
Commissions regarding their decisions, are made clear and are made a part
of the Commission minutes for the Council's review.
Councilman Dunin stated that he was specifically concerned that applicants
are made aware of the differences-between the observation remarks and the
directions to staff or to the commissions.
4. APPEAL OF PLANNING COMMISSION DECISION (R1112)
Council.held a public hearing to consider an appeal by T. Keith Gurnee,
representing Midland Pacific Building Corp., of a decision by the Planning
Commission denying request to rezone property located at 265- 285.South
Street from (M) Manufacturing to (C =S) Service Commercial.
Mayor Billig stepped down and turned the gavel to Vice - Mayor, Ron Dunin.
Toby Ross, Community Development Director, reviewed the council agenda
report (file no. 407) with the'recommended action that Council deny.the
appeal and upho U the.decision of the Planning Commission to deny the
rezoning. Staff recommended approval of the combined rezoning proposal at
.the Planning Commission but would not support rezoning of the smaller area.
Vice -Mayor Dunin declared the:public hearing open.
T. Keith Gurnee, representing the applicant, reviewed the allowed uses in
C -S and M zones. The.applicant.'s intended uses were well within the
General'Plan and consistent with land use planning for C -S. The applicant
was not proposing something like a.junkyard, which could be placed without
the use of a permit. He assured the Council that there was no intent to
rezone the adjoining properties from M to.C- S,.but only for that property
that is owned by his client, between the two M zone-areas., He felt it was
compatible with the rest of the areas, which were surrounded by three sides
of residential uses. He stated that he had talked with Mr. McCarthy, one
of the neighbors, who would neither support nor object to the rezoning on
this particular property. -Mr. McCarthy would of course oppose rezoning of
his 'own property.
Bob Lorenzi, General Manager of McCarthy Tank and Steel, was opposed to any
rezoning on the subject properties. First, he felt that the maps had not
been drawn in proportion, which if they had been, would have shown that the
properties surrounding the portion requesting a change in zoning was
overwhelmingly manufacturing.. His property was currently in the M zone.
He felt that to rezone the other to C -S would create a "choking -off effect"
of his being-able to make a living. Eventually, he was afraid that all
those properties would become C -S, which would not even allow him to saw or
cut his own material, as they currentlyido.
' Mr... Grant,-owner of.Vintage Auto Shop,-was also opposed to the rezoning.
He stated he had bought his property.in-an M zone because he was concerned
then"about, purchasing property and being.sure that.it would not interfere
with other surrounding areas. Currently, they do sandblasting, painting,
and have a fairly high level of noise. At this point, this is not disturbing
to the neighbors. To rezone those other areas to C -S could cause additional
problems for them. He did not want to be squeezed out in another couple of
years, should -the City later decide.to rezone these properties as well.
City Council Minutes
Tuesday, September 20, 1983 - 7:00 p.m.
Page 7
Fred Hamlin, 1767 Conejo Avenue and representing Bailey Bridges, felt that
their property which was less than 60 feet away, should it be rezoned,
would be spot zoning. - Bailey - Bridges -also had sandblasting done on their
property. Further, the current street situation makes the area unsuitable
for passenger cars, and he was, therefore, opposed to any rezoning-.
Barney Duveneck, property owner on Bridge Street, stated that this'was the
sixth time he had to appear before the Council in order to protect the
current zoning. He, too, stated he'd purchased his property because it was
zoned M, and he would appreciate it if the City would just leave them
alone.
T. Keith Gurnee, representing Midland Pacific Building Corp., in response
to some of the questions raised, stated that his client had not intended to
have any other properties rezoned. They were only talking about the
subject property between McCarthy Tank.and.Steel and the Vintage Auto Shop.
He did not feel there would be a conflict with the other properties;.and
did not feel that the traffic would be affected.
Vice -Mayor Dunin declared the public hearing closed.
Councilman Griffin felt that the testimony that was given gave,thel feeling
that somebody was being zoned out which he did not feel was.the case. 'To a
practical extent, he felt expanding in zone uses for the future would '
probably be out 'of the question. 'There are conflicts now and in the future
between Residential and Manufacturing zones and will only be worsened later
on. In an effort to try to minimize some'of the future'conflicts,- he would
be supportive of rezoning the expanded area now to C -S.
Councilwoman Dovey agreed with comments by Councilman Griffin. She�did
feel that it would reduce some of the traffic impact on Bridge Street to
have.this property with access off South Street.-' She would like to see the
entire area either Manufacturing or Service-Commercial. She could live
with rezoning. She would like staff to look, when the permits are processed,
at the traffic problems, building locations, blank building walls; with a
closer review of the differences between manufacturing and commercial uses.
Councilman Settle felt the use .within the zone was.more important than the
zone. itself. He, too, could support the request.for several-of the reasons
stated, and would uphold the appeal.
Vice -Mayor Dunin agreed, he felt it was consistent with the General Plan,
land uses were compatible, and will•:be leaving.the other property owners in
peace.
It was moved by Councilman Griffin, seconded by Councilman Settle,. to
uphold the appeal and direct staff to prepare -the appropriate ordinances
for introduction to print for rezoning the parcel (R -1112) from (M) Manufac-
turing to (C -S) Service Commercial. Motion carried, all ayes, Mayor Billig
absent.-.
Mayor Billig returned to the meeting.
8:50 p.m. Mayor Billig declared a-recess.
9:05 p.m. City Council reconvened, all Councilmembers present.
5. SPECIFIC PLAN AMENDMENTS SP 1106 AND 1117
Council held a public hearing to consider a Planning Commission recommendation
to amend the Higuera Commerce Park Specific Plan text to
delete or modify the phasing provisions concerning the northern 50.•acres
and property development performance and design standards;- Higuera•'Commerce
Park, Inc., and City of San Luis Obispo, applicants.
Toby Ross, Community Development Director, reviewed the-council-agenda
report (file no. 410 -703) stating that the Council had recently reviewed
the planned amendments with the exception of the development phasing time.
He did not feel that the phasing schedule as originally proposed was still
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City Council Minutes
Tuesday, September 20, 1983 - 7:00 p.m.
Page 8
applicable due to the economy and the "low housing market over the last
couple of years. He briefly reviewed the other development standards and
proposed changes, with the recommended action -that Council-concur with the
Director's negative declaration on the environmental'impact and to adopt
the resolution approving the Specific Plan.text amendments as requested.
Mayor Billig declared the public hearing open.
Robert Hibshman, property owner in the Higuera.Commerce Park area, stated
1 that he had reviewed the amendments, was supportive, and would urge Council's
support as well.
Mayor Billig declared the public hearing closed.
Councilman Griffin felt that it was unfortunate that the news media was no
longer present, that it was important to understand the close cooperation
of the individual owners of the property in the surrounding area with the
staff and Council. This has seldom been the case in the past, and should
be a real mark of a successful story as far as'this Council is concerned.
- -After brief discussion it was moved by Councilman Dunin, seconded by
Councilman Settle, the following resolution be introduced: Resolution No.
5225 (1983 Series), a resolution of the Council of the City of San Luis
Obispo amending the Higuera Commerce Park Specific Plan as recommended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
Fly13:4a dIEW r5T!
After discussion it was moved by Mayor Billig, seconded by Councilman
Settle, that the Architectural Review Commission be directed to look at the
design and landscaping for continuity throughout the entire project.
Motion carried, all ayes.
Councilman Griffin wished to be sure that this would be considered a
guideline document and /or conceptual masterplan, with illustrations showing
building design and landscaping (5 -0).
6. FINAL PASSAGE OF ORDINANCE NO. 987 - CARD -ROOMS
Council held a public hearing to consider final passage of Ordinance No.
-987 (1983 Series), an ordinance prohibiting card rooms (continued from
9/6/83).
Art-Shaw, Acting City Attorney, reviewed the agenda staff report (file no.
704) with the recommended action that Council give final passage to the
ordinance. He reminded the Council that the introduction was held at the
last meeting, no one spoke for or against, only one communication had been
received expressing any interest.
Mayor'Billig declared the public hearing open.
No one spoke for or against the proposed ordinance.
1 Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, to give
final passage to the ordinance as recommended.
Finally passed on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
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City Council Minutes
Tuesday, September 20, 1983 - 7:00 p.m..
Page 9
C0M.MU.NIC.ATION -S
Councilman Settle requested that fellow Councilmembers review the League of
California Cities' resolutions to'be voted upon at the annual League
meeting in-October and to submit any - additional comments.oi suggestions to
him as soon as possible.
9:25 p.m. Mayor Billig adjourned the meeting to Closed Session to discuss
Personnel /Litigation matters:
9:50 p.m. City Council reconvened in open session. There.being no-further
business to come before the City Council, Mayor Billig adjourned the
meeting at 9:50 p.m. to Tuesday, October 11; 1983, t 7:00 p.m.
P ela Voges,.Ci Clerk
APPROVED BY COUNCIL: 11/15/83
M'I:N U T.E:S ..
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 11, 1983 -.7:00 P.M:
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA ..
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers
'Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin,•Allen Rc
Settle and Mayor Melanie C. Billig
Absent: None
City Staff
Present: Geoff Grote, Assistant-Administrative Officer; Roger .'1
Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross,
Community Development. Director; Roger Neuman, Police Chief;
Dave Romero, Public Works.Director; Glen Matteson, Associate
Planner '.'
C 0 N S E T 'C.A L E N D A R
C -1 CONTRACT PAY ESTIMATES
On motion of Councilman Dunin, seconded.by Councilman Settle,: contract -pay
estimates and change orders approved and ordered paid as recommended by
staff. Motion carried, all ayes.
C -2 AMENDMENT TO MEMORANDUM OF.AGREEMENT .
On motion of Councilman Dunin; seconded by Councilman Settle, the following
resolution was introduced: Resolution No. 5227 (1983 Series), a resdlution
of the Council of the City of San Luis Obispo amending the Memorandum of
Agreement between the City and the San Luis Obispo City Employees.Associ-
ation to include addendum changing Veteran's Day holiday to the traditional
November 11, 1983 date.
Passed and adopted on the following roll call vote:
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