HomeMy WebLinkAbout12/13/1983.
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 13, 1983 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CALL TO ORDER: MAYOR MELANIE C. BILLIG
PLEDGE OF ALLEGIANCE
unT.T. rAT.T.
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor
Melanie C. Billig
Absent: Allen K. Settle
City Staff
Present: Geoff Grote, Assistant Administrative Officer; Roger
Picquet, City Attorney; Pamela Voges, City Clerk; Toby Ross,
Community Development Director; Roger Neuman, Police Chief;
Dave Romero, Public Works Director; Jim Stockton, Recreation
Director
A. COUNCIL INSTALLATION
Pam Voges, City Clerk, gave the Oath of Office to Mayor Elect Melanie C.
' Billig for a two year term expiring 12/1/85, and Councilmembers Elect
GlennaDeane Dovey and Robert Griffin to serve four terms expiring 12/1/87.
Certificates of Election were presented.
C O N S E N T C A L E N D A R
C -1 COUNCIL MINUTES
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
minutes be approved as amended: Tuesday, October 11, 1983 - 7:00�p:m.;
Tuesday, October 18, 1983 - 7:00 p.m.; Monday, October 24, 1983 - 12:00
noon; Tuesday, November 1, 1983 - 7:00 p.m.; Thursday, November 3, 1983 -
12:00 noon. Motion carried, all ayes, Councilman Settle absent.
C -2 CONTRACT PAY ESTIMATES
On motion of Councilman Dunin, seconded by Councilman Griffin, that contract
pay estimates and change orders be approved and ordered paid. Motion
carried, all ayes, Councilman Settle absent.
C -3 CLAIM AGAINST THE CITY - FILIPPONI (File 11189- 83 -59)
On motion of Councilman Dunin, seconded by Councilman Griffin, claim
against the city by Craig Filipponi in the amount of $151.30 for tire and
rim damage to vehicle caused when claimant rode over an alleged faulty
sewer main cover be denied. Motion carried, all ayes, Councilman Settle
absent.
C -4 CLAIM AGAINST THE CTIY - LEWIS (File 11189- 83 -58)
On motion of Councilman Dunin, seconded by Councilman Griffin, claim
against the city by Katherine Angela Lewis in the amount of $5,000 for
personal injuries and property damage sustained as a result of a bicycling
event sponsored by the city and the City's alleged negligence in providing
adequate safety measures be denied. Motion carried, all ayes, Councilman
Settle absent.
City Council Minutes '
Tuesday, December 13, 1983 - 7:00 p.m.
Page 2
C -5 ELECTION CANVASS RESULTS (File 41 324)
Councilman Griffin commended the City Clerk's Office for having done a good
job in running a smooth election.
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5256 (1983 Series), a resolution
of the Council of the City of San Luis Obispo declaring the results of the
General Municipal Election held Tuesday, November 8, 1983, and ordered
received and filed.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -6 POLICE DEPARTMENT FEES (File 41109)
Council reviewed a resolution to amend the cost recovery fee resolution
established by the Police department to add concealed weapon permit fees
and fees relating to the establishment of massage regulations.
Councilman Griffin suggested that an amendment to the resolution to state
the effective date of the massage cost recovery fees.
Council concurred (4 -0 -1).
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5257 (1983 Series), a resolution
of the Council of the City of San Luis Obispo establishing fees and charges
for reproducing documents, fingerprinting, and other services provided by
the Police Department authorized by law and rescinding Resolution No. 5008.
This included two additional charges for cost recovery of concealed weapon
permits and fees relating to the establishment of massage regulations as
amended to reflect effective date of massage related fees upon adoption of
massage ordinance.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -7 PLANS AND SPECIFICATIONS - EMERGENCY GENERATORS (File 41164)
On motion of Councilman Dunin, seconded by Councilman Griffin, that plans
and specifications for the installtion of three Emergency Generators be
located at City Hall, Police and Fire Departments; City Plan No. H -32D; bid
estimate $80,000 be approved and staff authorized to advertise for bids.
Motion carried, all ayes, Councilman Settle absent.
C -8 MURRAY STREET (File 41462)
Council began discussion of this item at 12:30 a.m.
Dave Romero, Public Works Director, gave a brief status report on the
Murray Street project, stating that it was staff's recommendation that
Council support the report authorizing road bumps on Broad Street, Foothill
signal revisions be included in the 1984/85 C.I.P. Traffic Signal Priority
List, and the removal of stop signs from Broad and Murray Streets.
Upon question of the Public Safety Department, Roger Neuman, Police Chief,
stated that he supported staff's recommendations with the one exception
1
1
C E R T I F I C A T E
I, Pamela Voges, the City Clerk of the City of San Luis Obispo, certify
that the following is the final statement of votes cast at the General
Municipal Election held in the City of San Luis Obispo, California, on
November 8, 1983.
1 - Number of registered voters in city 21,025
2 - Number of votes cast in city
3 - Tabulation of votes by person:
For Mayor
Melanie C. Billig 4,531
Ronald Bearce 3,816
For Councilmember
Harold Pillow 2,860
Robert Griffin 4,449
Mark Bailey 2,636
GlennaDeane Dovey 3,606
Scott Rosensteel 2,313
4 - Tabulation
of
votes by
precinct (Exhibit "A ")
5 - Tabulation
of
votes by
person (Exhibit "A ")
6 - Tabulation
of
absentee
votes: (Exhibit "A ")
8,655
Witness my hand and the seal of the City of San Luis Obispo this 28th day
of November, 1983.
(seal) V
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City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 3
that he would like to see speed bumps also placed on a portion of Murray
Street.
For clarification purposes, Mayor Billig polled the Council again as to
their interest in placing any bumps on Chorro Street. Council reaffirmed
they had no desire to do that at this time.
Mayor Billig asked for public comments.
' Ted Wheeler, 764 Murray Avenue, stated due to the lateness of the hour
there was no one left in the audience, however, he was asked by Richard
Schmidt, to relay that heand several others in the neighborhood were
opposed to the removal of stop signs at Broad and Murray Streets. Mr.
Schmidt felt many concerns would be expressed from the residents in the
area should this change take place. Mr. Wheeler's only real concern was
the placing of speed bumps on Murray in one section recommended by staff as
he felt the current flood problem there would be increased. He was also
opposed to the speed bumps because of the special signing that would be
required to notify traffic. He felt from an environmental aspect that it
would be a negative one.
After brief discussion, it was moved by Councilwoman Dovey, seconded by
Councilman Griffin, to take the following actions: 1) authorize speed
bumps on Broad Street on an experimental basis only; 2) Foothill signal
revision be included in the 84/85 C.I.P. Traffic Signal Priority List; 3)
Ramona /Broad traffic diversion study be held until an analysis and evalua-
tion of the other implemented actions were complete; 4) staff directed to
bring back information regarding the possibility of placing bumps on Murray
Street; and 5) stop signs would be removed at Broad and Murray Streets on
an experimental basis.
Motion carried on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -9 AUTOMATION AID AGREEMENT - FIREFIGHTING SERVICES (File 4721)
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5258 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement
between the City and Cal Poly for on -going mutual aid agreement including
automatic aid for firefighting services.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -10 BIA ADMINISTRATIVE CONTRACT-(File 4471) ..
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5259 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving a one -year agreement
between the City and Martha K. Fort to provide administrative services to
the Business Improvement Association through December 13, 1984 as amended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
City Council Minutes
Tuesday, December 13, 1983 - 7:00.p.m.
Page 4
C -11 BIA BYLAWS (File 41472)
On motion of Councilman Dunin, seconded by Councilman Griffin, that the
resolution to approve the amended .bylaws for the Business Improvement
Association be continued to the January 17, 1984, council meeting. Motion
carried, all ayes, Councilman Settle absent.
C -12 LEASE SALE 73 (File 41105)
A) On motion of Councilman Dunin, seconded by Councilman Griffin, the 1
following resolution was introduced: Resolution No. 5260 (1983.Series), a
resolution of the Council of the City of San Luis Obispo.approving an
agreement with the State Lease Sale 73 to participate in litigation in
opposing specific drilling rights to Lease Sale 73.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Davey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
B) On motion of Councilman Dunin, seconded by Councilman Griffin, the
following resolution was introduced: Resolution No..5261 (1983.Series), a
resolution of the Council of the City of San.Luis Obispo for the.employment
of legal counsel with regard to the Lease Sale 73.
Passed and .adopted on.the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Davey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -13 CONFLICT OF INTEREST CODES (File 41345)
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5262 (1983 Series), a resolution
of the Council of the City of San Luis Obispo exempting the Promotional
Coordinating Committee from financial disclosure requirements and rescinding
Resolution No. 3113 which included P.C.C. as a designated filing body for
requirements under the Fair Political Practices.Commission._
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Davey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -14 P.G. & E. HYDROELECTRIC PLANTS (File 4992)
On motion of Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5263 (1983 Series), a resolution
of the Council of the City of.San Luis Obispo supporting the renewal of
P.G.& E.'s licenses for hydroelectric power plants in various locations
throughout the State.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Davey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
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City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 5
C -15 HUMAN SERVICES GRANT (continued from 10/18/83) (File 41011)
On motion of Councilman Dunin, seconded by Councilman Griffin,'the following
resolution was introduced: Resolution No. 5264 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving a grants -in -aid
agreement between the City and Salvation Army in the amount of $15,000 to
provide emergency food, fuel and shelter as recommended.
Passed and adopted on the following'roll call'vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
Councilman Griffin also requested that staff be directed to continue its
dialogue with the Police Department, Salvation Army and the Human Relations
Commission over the issuance of vouchers and areas of improvement.
Council concurred (4 -0 -1).
C -16 STREET ABANDONMENT (File 44535)
On motion of Councilman Dunin,'seconded by Councilman Griffin, the following
resolution was introduced: Resolution of Intention No. 5265 (1983 Series),
a resolution of intention to abandon street right -of -way as amended.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
Further, staff was authorized to have surplus property appraised at the
east corner of Montalban and Lemon Streets with public hearing set for
January 3, 1984, at 7:00 p.m.
Council concurred (4 -0 -1).
C -17. STREET SUFFICIENCY CONTRACT (File 44531)
On motion of Councilman Griffin; - seconded:by Councilwoman Dovey,•the..-
following resolution was introduced: Resolution No. 5266-(1983 Series), a
resolution of the Council of the City of San Luis Obispo approving an '
agreement between the City and Curtis - Herriman Engineering Consultants to
prepare a street sufficiency study including a five -year maintenance plan
estimated to cost $35,000: .
Passed and adopted on the following roll-call voter
AYES: Councilmembers Griffin, Dovey and Mayor:Billig
NOES: Councilman Dunin
ABSENT: Councilman Settle
C -18 EXTENSION OF SEWER FARM LEASE (File 41521)
On motion of-Councilman Dunin, seconded by Councilman Griffin, the following
resolution was introduced: Resolution No. 5267 (1983 Series), a resolution
of the Council of the"City of San Luis Obispo amending an agreement to
extend the contract with Bob Simonin for an additional two years through
May 31, 1987 for sewer farm grazing lease.
Passed and adopted on the-following roll call vote:
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m:
Page 6
AYES: Councilmembers.Dunin, Griffin, Dovey and Mayor Billig
NOES:. None
ABSENT: Councilman Settle
P.0 B L I C. H E A R I N G S
1. PUBLIC NUISANCE ABATEMENT.(File. #522)
Council held a public hearing to consider if an exposed sewerline in'the
creek at 546 Higuera Street constituted a public nuisance and, if so,
ordering its abatement (continued from 11/15/83).
Dave Romero, Public Works Director, briefly reviewed the agenda report
stating that it was staff's recommended action that Council determine a
public nuisance did exist on.said premises and adopting a resolution
providing for its abatement based upon testimony received from the public
hearing this evening.
Mayor Billig declared the public hearing open.
Randy High, 1205 Cecil Avenue, Modesto, a former resident of San Luis
Obispo and owner of subject property, reviewed the history of the project
as he recalled it. He explained that he had contacted the Planning Department
years ago to determine whether or not the project would have any problems
with regard to this nuisance. He was assured there would not be a problem.
He closed the sale on the subject property with that knowledge; however, he
might have been able to'negotiate at a better price had he known the magni-
tude of the problem being told him now by staff. He felt the problem had
worsened because the City.had not.adequately seen to the cleanup of the
debris and bridge cleanup. He then outlined four possible alternatives as
he saw them: 1) the City bear the total cost and responsibility; 2) the
City loan him the money so he could recover it at a later time pursuant to
the rent control ordinance after five years; 3) the City purchase-an ,
easement for service and maintenance to his property and; 4) leave this
line alone as it has not been a problem for the last ten years..
Dave Romero, Public Works Director, responded.to some of the points raised
by Mr. High stating that the Community Development Department probably
would not have known about the nuisance problem. He also agreed that•no
spillage had taken place since 1973, meaning this line had weathered some
fairly heavy storms. With regard to debris cleanup, he stated that Zone 9
was not formed until after 1973. He did agree that the four suggestions
outlined by Mr. High were all possibilities, i.e. the City bearing the
entire cost, providing in a loan, or purchasing an easement. He recommended
that the fourth suggestion, leaving the line alone, not be considered as a
viable option.
Mayor Billig declared the public hearing closed.
Councilwoman Dovey stated she could adopt the resolution insofar as she
felt a nuisance did exist. This same nuisance has been in existence since
at least 1974, was found to be a nuisance by the'previous Councils and its
abatement was ordered then.
Councilman Griffin agreed with Councilwoman Dovey that a nuisance did exist
but was hesitant to adopt the resolution until staff was able to review -
some of the other alternatives as far as sharing of costs.
On motion of Councilman Dunin, seconded by Councilwoman Dovey, the following
resolution was introduced: Resolution No. 5268 (1983 Series), a resolution
of the Council of the City of San Luis Obispo finding that a nuisance did
exist at 546 Higuera Street and ordering its abatement.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Dovey, Griffin and Mayor Billig
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City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 7
NOES: None
ABSENT: Councilman Settle
On motion of'Councilwoman Dovey, seconded by Councilman Dunin, to direct
staff to report back within 60 days on a recommended plan of action and
method of assisting in financing including:. 1) conceptual notion that some
participation by the city may be in order; and 2) options to include an
appropriate time -frame given the April and June deadlines. Motion carried,
' all ayes, Councilman Settle absent.
2. REVENUE AND TAXATION CODE (File X1293)
Council held a public hearing to consider an urgency ordinance to amend the
Revenue and Taxation provisions which would exempt operators of waterborne
vessels as required by State Law.
Pam Voges, City Clerk, reviewed the council agenda report stating that the
State Board of Equalization had put the City on notice that it was required
to appeal a certain - section in the Revenue and Taxation Code which would
become effective January 1, 1984: The effect of the proposed ordinance
would exempt operators of'waterborne vessels and; although the provisions
did not have any material effect upon the city, it remained a State requirement.
As such, an urgency ordinance would be needed as it must be effective prior
to the first of the year. Failure to comply would invalidate the current
agreement with the State for collection of taxes.
Mayor Billig declared the public hearing open. No one spoke for or against
the proposed ordinance amendment. Mayor Billig-declared the public hearing
closed.
On motion of Councilwoman Dovey, seconded by Councilman Griffin, the
following urgency ordinance was given final passage: Ordinance No. 998
(1983-Series), an urgency::ordinancef.amending Ordinance.-No. 596:imposing a
Sales- and-Use Tax to be administered-:by the-State Board.-of Equalization.
Introduced and given final:passage on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig
NOES: None
ABSENT:' Councilman Settle
3. HAZARDOUS MATERIALS (File 11726)
Council held7a public-hearing-to consider an urgency ordinance to amend
Article -80'of the 1982::Uniform.Fire Code giving the Fire Department authority
to inspect and regulate the storage..of.hazardous materials in underground
tanks and piping.
Mike Dolder, Fire Chief, briefly reviewed the council agenda report•recommend-
ing Council introduce and give final passage to this urgency ordinance in
synopsis form which would amend the Uniform Fire Code to add the requirement
for underground storage of hazardous materials as- established by Chapter
1046 of the 1983 Statutes. This, too, required Council adoption prior to
January 1, 1984 or the State regulations would take precedence.
Mayor Billig declared the public hearing open. No one spoke for or against
the proposed ordinance.- Mayor Billig declared- the.public hearing. - closed.
:1 - : - .._. ...
On motion of.- Councilwoman Dovey;-seconded - by.Councilman Griffin;'.to introduce
and:give final - passage to Ordinance-999 (1983 Series),-in synopsis form as
recommended. 1 - - -
Introduced and finally passed on the-following roll call -vote:
AYES: Councilmembers Dovey,-Griffin,-Dunin and Mayor.:Billig
City Council Minutes
Tuesday, December 13, 1983 - 7:00 -p.m.:
Page 8
NOES: None
ABSENT: Councilman Settle
4. FINAL.PASSAGE OF ORDINANCE NO. 997 --SAN LUIS MALL (File 4416)
Council held a public hearing to-consider-final passage.-of Ordinance No.
997 (1983-Series),-an ordinance amending the zone map to change the design-
ation from Conservation /Open Space -:20 (C /OS -20) to Retail - Commercial,
Planned Development (C -R -PD) and a preliminary development/ plan for an
enclosed shopping mall at 353 Madonna Road (continued from 8/16/83, 10/11/83
and 11/15/83).
Toby Ross, Community Development.Director,.briefly reviewed the council
agenda report (file no. 416,.PD 1072) stating that the Council had reviewed
this project on several occasions and had on 11/15/83 voted-4-1 to introduce
the ordinance to print to rezone the site of the proposed San Luis Mall and
approve the preliminary development plan subject to 53 conditions. Final
passage of the ordinance would - essentially approve the project. Previous
actions included certifying the Environmental Impact Report and approving
an amendment to the General Plan Land Use Element to show the entire site
as retail. Future city approvals would include architectural review and
approval of the final development plan by the Council.
Mayor Billig declared the public hearing open.
Jerry Hanto, representing the Department of Transportation (Cal Trans),
stated the State had certain concerns with regard to the impact that this
project approval would -have on the interchange at Highway 101 and Madonna
Road. He would urge the Council to look at this very closely prior to
giving approvals.
Upon question as to why this information was coming-at this late date, he
stated that'the Department of Transportation had submitted their concerns
with the Environmental Impact Report and had been present at the Planning
Commission meeting when this item was discussed. Although he could offer
no alternative recommendation for the revamping of this interchange, to
completely mitigate the problem would probably cost in the neighborhood of
2,000,000 to 3,000,000 dollars. The only other possible alternatives would
be extending of Zozobra or Calle Joaquin.
Mayor Billig and Councilwoman Dovey agreed with statements made by Mr.
Hanto, stating that the Council has been cognizant of this problem for a
long time, and has been trying to address this very problem.
Toby Ross, Community Development Director, stated that the options for the
possible extension of Zozobra or Calle Joaquin will be listed in the report
when it comes back to Council with the final precise plan. A complete
traffic analysis would be prepared with cost assessments made at the time
the precise plan was submitted.
Councilman Griffin.reminded the audience that.no final approval was being
made this evening and.that other interested parties should still come
forward.if they have-any-additional information or had concerns they - wished
Council to be made aware of.
Upon question, Mr. Hanto stated that Cal Trans was really not stating they
were opposed to the project but only wanted to make their concerns known.
Councilman Griffin expressed some concern the conditions listed on
pages 4 -6 & 4 -7 of the report concerning street widening and traffic signal
installation stating -that they might not be entirely practical to ask the
developer to solve it, as many of them are dependent upon other parties
outside of the developer's control.
Mayor Billig agreed with Councilman Griffin concerning the street widening
and traffic signal conditions, but stated that those conditions were
important in order to make the project..work, and she could not support the
project without those conditions having been met.
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 9
Upon question, Dave Romero, Public Works Director, stated that Cal Trans
had recently adopted new policies considering this particular interchange
and that it would be the local entity's responsibility for mitigation.
Mayor Billig declared the public hearing closed.
On motion of Councilman Dunin, seconded.by Councilman Griffin, to give
final passage to Ordinance 997 to rezone the site and approving the prelim-
inary development plan for San Luis Mall as recommended.
Councilwoman Dovey stated that-she still was unable to'make the findings in
the ordinance relative to the circulation and traffic problem, and could,
therefore, not support the proposed ordinance.
Mayor Billig felt this was by far the best proposal that had come before
the City-.Council but.she, too, still had real concerns as to whether this
project would ever reach fruition as the traffic and circulation has not
been satisfactorily mitigated at this time. Her major reservation was that
some of the problems could.not be.mitigated and was afraid Council would
start amending conditions when the project came back. She could not
support any amendments to the mutually agreed to conditions. In deference
to Councilman'Settle's absence, she stated that she-would support the
project, however, with much reservation.
Councilman Griffin also expressed concern that all the conditions could be
made in order that final approval of the precise plan be adopted.-
Motion carried on the following roll call vote:
AYES: Councilmembers Dunin, Griffin and Mayor Billig
NOES: Councilwoman Dovey
1 ABSENT: Councilman Settle
5. PROPOSED ELDERLY HOUSING PROJECT (File #463)
Council held a public:hearing to consider an ordinance rezoning property at
1220 Osos Street from (0) Office to (C- C- S)- Central Commercial, Special.
Considerations to provide for a proposed elderly services center; Poise,
Inc., applicant (continued from 5/17/83 and 8/2/83).
Toby Ross, Community Development Director, reviewed the council agenda
report (file no. 463) and stated the recommended action was -that Council
carry out its previously expressed intent to approve the project by intro-
ducing an ordinance to rezone.the property and encouraging the-applicant to
proceed with use permit and architectural review applications. At the time
the project came to Council previously, there was a development agreement
and after review by the new City Attorney it was determined that a develop-
ment agreement was really not the best method by which to approve the
project. More flexibility would be provided by the use permit process and
the Planning Commission's review. This would . still allow the Council to
have a• vehicle in which to monitor the project..
Roger Picquet, City Attorney, reiterated comments by Mr. Ross with regard
to the lack of need for the development agreement.
Mayor Billig declared the public hearing open.
Dale Molesworth, Executive Director of Poise, Inc. owner of the project,
living-at 206 Marlene Drive,. San Luis Obispo,
spoke in support of Council approval stating that they had concurred with
the staff's conditions and would hope Council-could support the project.
Charles Delmartini, 1238 Marsh Street,.asked to be• notified when the use
permit conditions would be available.
Mayor Billig declared the public hearing closed.
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m. -
Page 10
Council reviewed the pros and cons of the use = permit aspect.
Roger Picquet, City Attorney, again stated that the use permit conditions
could be modified, that the use permit process allowed more flexibility
than a development agreement.
Councilwoman Dovey questioned the actual number of parking spaces that -
would be provided. --
Toby Ross, Community Development Director, reviewed the parking management
program stating that the thrust of the program was to make better use of
the existing spaces, i.e. compact ;•allowing for general patient parking,
employee parking, and eliminating many of the reserved spaces set aside-for
the doctors. Passenger loading zone and motorcycle spots were added. The
developer was also required to give $40,000 for parking- in -lieu fees. He
reminded the Council, too, that the real basis for any.exceptions that..had
been provided were for the allowing of 16 senior housing units. 1
Councilman Griffin stated as one member of the council subcommittee, he had
had more opportunity for involvement and been very familiar with the
project by reviewing it through'the use of the development agreement..- As
this document was no longer to be a part of the approval documents, he. -.
expressed the concern that staff remain -aware of previous Council comments
and that the project live up to those concerns previously discussed.
Councilman Dunin stated he could support the project, although he was not
pleased with the proposed change to eliminate the development agreement.
Councilwoman Dovey stated she could not support the ordinance as she could
not support the findings: 'She would feel more comfortable with "bending
the rules" in an office zone rather than rezoning the property, which was
an act of spot zoning in order to provide for this particular project.
Mayor Billig stated Council had received a letter from Gerald Evans.reiter-
ating his opposition to the project.
Councilman Griffin felt the parking program submitted by staff was adequate.
He felt the Council must keep, as an objective, the diverse use for the
downtown. It has the prospect of keeping the downtown alive by projects
such as this. He was somewhat concerned about the use permit approach but
with the understanding that staff would make the report to the Planning
Commission as previously reviewed by Council, he could support the project.
Councilman Dunin supported the project as recommended. It made the future
approach to downtown housing feasible. The'$40,000 parking-in--:lieu fees
would eventually be used towards the proposed parking solution. He felt
the parking management program submitted by staff was very innovative and
would ask staff to report back to the Council -if any changes were suggested
by the Planning Commission during the final approval stages that.differed
from the'opinions of Council.- - -
Mayor Billig questioned how effective carpooling would be as proposed in
the management parking program. She also would like staff to continue to
monitor the parking management program and report back to the Council
within 'six to nine months.
Toby Ross, Community Development Director, stated that the carpooling was
extremely effective, however,'the incentives for riding buses was slight.
Councilwoman Dovey-again, with regard to the density issue, would ask.that
staff redefine the definition of a studio versus a one bedroom unit:
After discussion it was moved by Councilman Dunin, seconded by Councilman
Griffin, that Ordinance No. 1000 (1983 Series) be introduced to print
rezoning the property from 0 to C -C -S as recommended..
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Griffin and Mayor Billig
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City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 11
NOES: Councilwoman Dovey
ABSENT: Councilman Settle
On motion of Councilman Dunin, seconded by.Councilman Griffin, staff be
directed to report back immediately on the Planning Commission's action,
monitor the project and report back on the parking management program
within six months.
Motion carried on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig.
NOES: None
ABSENT: Councilman Settle
On motion of Councilman Griffin, seconded by Councilman Dunin, the City
Attorney be directed to review the legal aspects of additional avenues or
vehicles available and have available for the Planning Commission review.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
6. STONERIDGE ONE PROJECT,- TRACT 1150 (PD 1126) (File 4410 -1150)
Council held a public hearing to consider a preliminary development plan
for planned development project and tentative.map.for.Tract 1150.(Stoneridge
One) which would create a 43 -lot residential subdivision with 42 lots for
houses and.one lot for future multi - family residential use located at 2877
Broad Street; R -1 -PD; John King, applicant.(continued from 11/1/83).
Toby Ross, Community Development Director, requested that this item be
continued to the January 17, 1984, Council meeting to allow the developer
additional time to.work.with staff.in revising the tentative map.
On.motion of Councilwoman,Dovey, seconded by Councilman.Dunin, to, continue
this item to date certain January 17, 1984.
Motion carried on the following roll call vote:.
AYES': Councilmembers Dovey, Dunin, Griffin and Mayor•Billig
NOES: None
ABSENT: Councilman Settle
7.--ZONING REGULATIONS AMENDMENTS CR 1,122 (File #463)
Council held a public hearing to consider a Planning Commission recommenda-
tion to adopt an ordinance revising the Zoning Regulations regarding uses
allowed in the Neighborhood - Commercial (C -N) zone. .
' Toby. Ross; Community Development Director, reviewed the council.agenda
report (file no. 463) stating that earlier in the year.both the Planning
Commission and Council had denied a request to rezone the Foothill Shopping
Center from,C -N to C -R in order to allow more types of uses. However, both
bodies decided that the issue needed to be studied for allowed uses in the
C -N zone. The major changes under consideration were: 1) adding profes-
sional offices as allowed uses; and 2) adding specialty retail sales as
allowed uses. The recommended action would be Council endorsement of the
Negative•Declaration of - Environmental Impact, and making the following
.changes to the C -N zone: 1) permit athletic and health clubs with the
Directors rather:.than the.P.lanning Commission's approval;.2) add quick
City Council Minutes
Tuesday, December 13, 1983 - 7:00•p.m.
Page 12
printers to allowed photo copying services; 3) allow retail photo finishing;
4) allow retail sales of specialties up to 2000 square feet gross floor
area per establishment and with such uses to occupy not more than 25% of
the gross floor area developed on a parcel. This could be done by introduc-
ing the ordinance_ to print in synopsis form which would amend the zoning
ordinance allowing those additional uses as outlined.
On motion of Councilwoman Dovey, seconded by Councilman.Dunin; to take
public testimony, allow staff to respond and then to continue this item for
final resolution by Council.
Motion carried on the following roll call vote:
AYES: Coucilmembers Dovey, Dunin, Griffin and Mayor Billig.
NOES: None
ABSENT: Councilman Settle
Mayor Billig declared the public hearing open.
T. Keith Gurnee, Richmond Rossi and Montgomery., stated he had been retained
by a number of C -N zoned property owners to re- examine the uses allowed.
He reviewed some of the problems that have been experienced relating to the
restricted uses in the Foothill area, especially as it relates to food
establishments. There was an overabundance of them, however,.no• other uses
were attracting retailers. He felt the general plan amendment could be
made to allow athletic clubs and some retail uses, using the 2000 square
footage limitation. Even with these proposed changes, the city's ordinance
would still be the most restrictive in the County. He would recommend
Council pass -to -print the ordinance which reflects auto parts sales,
ticketrons and paint stores, and ask the Council to direct the Planning
Commission to initiate those changes.
Paul'Phillips, representing William L. Left of Left Enterprises, 960.Santa
Rosa Street, also spoke in support of the - additional uses as recommended by
the Planning Commission. He emphasized to the Council that most importantly
they would still have the control of.those centers.
Jerry Arnold, owner of Lucky .Store, spoke in support tof giving a wider list
of uses to include bicycle parts houses. His real concern was the negative
impact that the food establishments-were having due to the large draw of
patrons from other areas of the city.
Connie Smith, owner of a travel company, who was interested in going into
the center, stated her interest was that there would be no parking problem.
Her clients liked to be able to get in and out in a relatively short period
of time. She felt her hours were in keeping with the rest of the neighborhood
and would not be a problem.
Harry Yasumoto, Vice President of Mid State Bank, also spoke in support of
more office uses and other expanded uses in the C -N zone. They had several
prospective tenants such as.financial planners,•attorneys,.real estate
brokers, doctors, accountants and insurance agents interested in leasing in
this-'area.
John Phillips, a small businessman located in the University Center, was
concerned with the negative impact that the Foothill Shopping Center was
having. He felt the Council should look hard at .this project,.especially
the parking concerns, before approving additional'centers.
Allen Martini, 2925 Flora Street and owner of the Family. Fun Fair, was also
concerned about the current uses in the C -N zone..
Jack McKeen; Laurel Lane Shopping Center, was concerned about staff's
recommendation that real estate office do not belong in a.public center.
Professional offices with-only 2000: square feet would be acceptable in the
C -N zone. He would like to see a larger number of.uses that could be used
in the C -N shopping areas as the city grows, including small clothing
stores.
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City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 13
Rose MCKeen, owner of the Laurel Lane Shopping Center, stated that they had
no intentions of expanding any uses there at this time. She too would
support allowing professional offices and posed a strong argument that real
estate offices should-be allowed in the C =N zone in order to alleviate the
parking downtown.
Jules Rogoff, representing the Foothill Shopping Center, stated that C -N
intent was to provide retail sales for the surrounding neighborhood. He
does not feel the city's presently allowed uses are adequate. 'He would
like to see less intensive.uses be allowed such as auto parts, computer
stores, photomats, bicycle shops, drycleaning, etc.
Mayor Billig declared the'public hearing closed. Council had agreed that,
prior to the public hearing portion, after public testimony was taken and
hearing closed, that staff would respond to the comments with report back
on this item in a timely manner.
8. PARRS ".ESTABLISHING HOURS (File 4815)
Council held a public hearing to consider an ordinance establishing the
hours of use'at city parks.
Roger Picquet, City Attorney, briefly reviewed the agenda report (file no.
815) stating that the Council had established a city policy and adopted an
action plan for emergency services. The proposed ordinance would accomplish
the goal of restricting inappropriate uses in the parks by closing the
parks at night and generally authorizing the Director of Recreation to
close all or part of the parks at any time whenever reasonably necessary.
Recommended action was to introduce the ordinance to print amending the
park regulations.
Mayor Billig declared the public hearing open. No one spoke for or against
the proposed ordinance. Mayor Billig declared the public hearing closed.
Councilwoman Dovey suggested that.a permit process be prepared to provide
for additional uses.
Roger Picquet, City Attorney, responded that the Director of Recreation
would have the authority to allow additional uses by this ordinance.
Jim Stockton, Director of Recreation, stated that any time the park would
be closed, there would be a clearance obtained from the Police and Fire
Departments or other affected department.
On motion of-Councilwoman Dovey,, seconded by Mayor.:Billig, the following
ordinance was introduced: 'Ordinance No•. 1001 (1983 Series), an ordinance
of the City of San Luis Obispo restricting the hours that parks are open
and granting authority to the Director of Recreation to close sections of
the parks with amendment to Section 4226.12 Closing "Any park or any
section thereof W1CUi Of W f Of '4 040 may be declared .•..."
Introduced and passed to print on the following roll call vote:
AYES: Councilwoman Dovey, Mayor Billig, Councilmembers Dunin and Griffin
NOES: None
ABSENT: Councilman Settle
9. CREEK LINING MATERIALS (File #597)
Council reviewed a request to prepare plans and specifications for Channel
Lining Materials for Old Garden Creek from Jeffrey Drive to Patricia Drive
estimated to cost approximately $200,000.
Dave Romero, Public Works Director, reviewed. the council agenda report
(file no. 597) and stated that concurrent with the development of:•tracts in
the Foothill Area most of Old Garden Creek above Foothill was relocated.
The constructed channel alignment generally followed tract boundaries. The
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 14
channel was originally an earth swale, however,. due to flooding, standing
water complaints and other maintenance problems experienced.in the creek,
portions of,the creek had been lined during the last ten years. This
project was a continuation of the lining project initiated ten years ago.
The project involved the construction of approximately 1100 linear feet of
reinforced masonry and concrete channels and the replacement of an existing
inadequate culvert in Cerro Romauldo with a larger reinforced concrete box
structure. The project was Priority X16 on the Points'of Restricted Capacity
- Four Major Creeks list adopted by the Council in June. To date, -four of
the top 9 priorities had been completed, with three others under design. 1
Nine methods of creek improvement had been evaluated: It was staff's•
recommendation that the selection of the reinforced masonry and concrete
for the lining of OldiGarden Creek be approved with staff directed to
prepare plans and specifications for its construction.
Councilman Griffin stated he could not support this project as he felt the
environmental concerns had not been adequately addressed. He would liked
to have had a better staff interaction with the creek management program.
After discussion of possible. inclusion of vegetation, it was moved by
Councilwoman Dovey, seconded by Councilman Dunin, that the Channel Lining
Materials as recommended by staff be approved. However, significant low
maintenance plantings are to be installed by staff to cover areas visible
from.the street and carry through the project.
Motion carried on the following roll call voter
AYES: Councilmembers - Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
Further, staff directed to prepare plans and specifications with additional
direction to plant native vegetation.to soften the wall and fences which
could include moderate -sized plants or vines (4 -0 -1).
10. PROPOSED CONSTRUCTION ADJACENT TO CREEK (File #597)
Council reviewed a proposed bridge crossing over Old Garden Creek and an
adjacent residence to be located at 135 Chorro Street.
Dave Romero, Public Works Director, reviewed Council agenda report (file
no. 597) and stated that this project, which was being brought to Council
in accordance-with their policy,.included a bridge structure and a.single
family residence which will overhang the creek. The project had received
ARC and Planning Commission approvals. Development of improvements.would
require a minor encroachment in the waterway but would not adversely affect
the flow. Staff was recommending that Couricil adopt the resolution which
would approve conceptual plans for the new residence at 135 Chorro Street
and for a vehicular bridge crossing over Old Garden Creek, subject to final
approval by the Public Works Director and the Community Development Director.
Councilwoman Dovey questioned why the.report did not refer to.the residences
but the resolution did.
Mr. Romero agreed that the resolution was in error and should not have
addressed future residences.
Councilman Dunin expressed concern that this kind of a project come to the
Council early on as he would not like the city to lose sight of these types
of projects which have a'major effect on the flood management program.
Dave Romero questioned at what time the Council would like to have these
projects before them. Should the developer go through the expense of
bringing in the final plans for Council approval prior to ARC and Planning
Commission approval or should they receive conceptual approvals-and-then
come to the Council early.
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 15
Councilwoman Dovey expressed concern "that possibly this entire project
should have been looked at as an overall development site rather than this
piecemeal effect. If it was too late for this project, okay, but she would
like to see future projects addressed in this manner.
Mayor Billig stated her primary concern was that there was already erosion
on the bend in the property and if the city were to allow this development
to proceed, would the city be liable if flooding problems occur later.on
due to the.erosion.- As the ARC•does not generally speak to this kind of a
problem, she would like to see some.other mechanism to address it.
Upon.question by Councilman Dunin, Dave Romero stated that -this area would
be prone to flooding, however, the buildings would have to be above the
100 -year storm line. The low -lying area was subject to flooding.
Councilman Griffin stated that.from reading staff's report it appeared that
the ARC and use permit approvals had already been granted and was concerned
at what point the Council could do anything on this project.
Mayor Billig asked for.public.testimony.
Roger Marshall, applicant, stated that it had taken five months to get to
this point and that going through staff has been a very long and arduous
process. He agreed that both the staff report and resolution were in
error. He stated that when they started the project approximately four
years ago, they felt the bridge would add something to the area. They were
in receipt of all-approvals except from the City Council. They had received
ARC, Planning Commission and even a permit for the bridge. He also stated
that the addresses were wrong as.listed in the resolution.
Council expressed grave concern that a better procedure had not been
employed in this situation as well as the procedure being available for
future projects.
1 11:55 p.m. Mayor Billig declared a recess. 12:05 City Council reconvened,
Councilman Settle absent.
Geoff Grote reviewed that'the Council, at its review of the waterway
management program, had stated.that .they had wished to review these kinds
of projects and this was to have incorporated into the development review
process. Staff had not had sufficient time since the budget hearings in
June to have completed the process and that was why this project was coming
at this seemingly late date. Staff would, however, make the procedures a
priority and be getting back to Council in the near future.
Councilman Griffin suggested that the resolution be corrected reflecting
the comments made this evening.
Roger Marshall also commented that the Federal maps were in error showing
the addresses and would like staff to initiate the necessary amendments by
the Federal government.
After discussion it was moved by Councilman Griffin, seconded by Councilman
Dunin, the following resolution.be introduced:. Resolution No. 5269 (1983
Series), a' resolution of the.Council of the City of San Luis-Obispo approving
plans:for.the construction relating to Old Garden Creek and 139 Chorro
Street with amendments as discussed including elimination of the future
pedestrian-bridge on-adjacent lot. :.
' Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: ' -None
ABSENT: ,Councilman:Settle.:.
On motion of-Councilman Griffin, seconded by Councilman Dunin, to direct
staff to review the Federal maps for accuracy and if changes were required, to
initiate request for change. Motion carried, all ayes.
City Council Minutes
Tuesday, December 13, 1983 - 7:00 p.m.
Page 16
C O..M M' U. N..I -C A T I: 0 N S
A. US Conference of Mayors request for safety programs supported.
B. Letter to Port San Luis Harbor District regarding off -shore drilling
election results approved.
C. Memo from HRC asking permission to donate monies from the annual
Christmas Dinner received and filed. Human Relations Commission was
commended for their suggestion. HRC to be advised as to fact that the
budget had been passed and that on such short notice it would be
impossible to provide for this donation. -The Grants- In- Aid•Progrim is
the proper vehicle for these activities.
There being no further business to come before the City Council, Mayor
Billig adjourned the - meeting at 1:00 a.m. to. Monday, December 19, 1984 at
5:30 p.m.
Pa ela Voges, C/ y Clerk .
APPROVED BY COUNCIL: 2/21/84
M I N U T E S
ADJOURNED.REGULAR MEETING OF THE CITY.COUNCIL
CITY'OF SAN LUIS OBISPO
MONDAY, DECEMBER 19, 1983 - 5:30 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey,.Ron Dunin, Robert Griffin, Allen K.
Settle and Mayor Melanie C. Billig
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Geoff Grote,
Assistant Administrative Officer; Roger.Picquet,.City
Attorney; Pamela Voges, City Clerk
A. Mayor Billig stated that she and the City Clerk had been reviewing
previous adopted Council resolutions, ordinances and other minute actions.
They were putting it together in the form of a Council Policy Book that
this•Council and future councils could have access to for.ready reference
on all policies affecting the city,'i.e. relations with staff, subdivisions,
water, streets, sidewalks, and other policy issues. As soon as the draft
document was available, it would be submitted to each of the Councilmembers
for their comments and brought back at a future study session for Council's
review.
Councilmembers agreed it was a good idea and supported the Mayor's recom-
mendation (5 -0)..
1. 5:30 p.m. ISSUANCE OF BONDS - SIERRA ALTA, INC. (File 4410 -998)
Council held a public hearing to consider the issuance of bonds to provide
financing in a principal amount of not to exceed $8,000,000 to Sierra Alta,
Inc., and Don Tuley, owner thereof, for the purpose of constructing an
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