HomeMy WebLinkAbout11/13/1984City Council Minutes
Tuesday, November 13, 1984 - 7:00 p.m.
Page 2
- 3:30 p.m:; and Tuesday, October.16, 1984 - 7:00 p.m. approved as amended
(5 -0).
C -2 PLANS AND SPECIFICATIONS - WATERLINE IMPROVEMENT PROJECT
Plans and specifications approved and staff authorized to advertise for
bids for: "Waterline Improvement Project in Hillcrest Place.from.Grove to
Park and in Park Avenue from Wilson to Mill Streets," City Plan No.•H -03P;
bid estimate $62,950, as recommended (5 -0).
C -3 APPOINTMENT OF B.I.A. ADMINISTRATIVE ASSISTANT (File. 11471)
Resolution No. 5520 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving agreement with Elena -Marie Koster
to provide administrative assistant services to the Business Improvement
Association through June 30, 1985, as recommended (5 -0).
C -4 I.C.M.A. DEFERRED COMPENSATION PLAN (File 11651)
Resolution No. 5521 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted approving-Declaration of Trust of the
I.C.M.A. Retirement Trust as recommended (5 -0).
C -5 EMPLOYEE BENEFIT CONTRACTS (File 11642)
Resolution No:'5522 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing the City Administrative Officer
to execute employee benefit contracts as amended (5 -0).
C -6 FINANCIAL MANAGEMENT INFORMATION SYSTEM (File 11203)
Resolution No. 5523 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted selecting IBM and DLH as successful vendors,
staff authorized to negotiate contracts for final system design installation,
and CAO authorized to execute the contracts if there are no substantial
specification or cost changes and authorize solicitation of proposals for
possible lease - purchase financing as recommended (5 -0).
C -7 SALE OF CITY PROPERTY (File 11165)
Resolution No. 5524 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted authorizing the sale of city property at
1330 Buchon Street and staff authorized to advertise for bids as amended
(5 -0).
C -8 PUBLIC IMPROVEMENTS FOR TRACT 966 (File 11410 -966)
Resolution No. 5525 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted accepting public improvements for Tract 966
located at 575 Cerrro Romauldo, D & D Bolduan, applicants as recommended
(5 -0).
P U B L I C H E A R I N G S
1. CHUMASH VILLAGE MOBILEHOME USE PERMIT U1188 (File 11428)
Council held a public hearing to consider request to allow an additional
mobilehome space within existing mobilehome park at 3057 South Higuera
Street; R -2 zone; Chumash Village Mobilehome Park, applicant.
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report stating that the recommended action was for Council adoption
of a resolution which would deny the use permit request to allow an additional
space at the Chumash Village Mobilehome Park located on the east side of
South Higu era Street between Elks Lane and Margarita Avenue.
Mayor Billig declared the public hearing open.
Jim Buttery spoke on behalf of the LaCumbre Management and -asked
that the staff report be corrected to reflect that there were only 235
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City Council Minutes
Tuesday, November 13, 1984 - 7:00 p.m.
Page 3
spaces, not 236 spaces. He stated that in the 1970's when the tot park
area was first built, the mobilehome park at that time allowed children.
It soon after became an adult only park pursuant to the courts and, as
such, this area is not used and could support a imobilehome space
He then submitted a letter for the record showing that there was no opposition
for the additional space by the mobilehome tenants. He stated that parking
had also been an issue, however, they would be providing two spaces per lot
wherein staff only requires 1.5 spaces per mobilehome space. He did not
feel that lack of guest parking had presented a problem although staff felt
one existed. Further, he felt that the use of an additional mobilehome
space would help to allow for tighter security near the pool area.
Upon question by Councilman Griffin, Toby Ross stated that the tot play
area was not being maintained; however, should the Council deny the request
for an additional space, the owners would have to maintain the site as a
landscaped area.
John Moody, LaCumbre Management, also spoke in support of the appeal and
reiterated the issue that security was a problem by the pool area and
everything that management has done to discourage it has not seemed to
help.
Kevin Dutra, resident of the mobilehome park, spoke in opposition to
allowing an additional space and reviewed a letter he sent to the Council
dated November 1, 1984. He stated -that the equipment in the play area had
been removed but until that time it had been used extensively by the
children who visited the adults in the park. He also felt it was inaccurate
with regard to the spacing in that there are two double -wide mobilehomes
which are taking up-the other spaces that the-owners claim they cannot take
advantage of.
Mayor Billig declared the public hearing closed.
After brief discussion and on motion of Mayor Billig, seconded by Councilman
' Griffin, to adopt resolution which would deny the use permit application to
allow the additional space at the Chumash Village Mobilehome Park as
recommended by staff.
Upon general consensus, Council agreed that the density was too high for
this area and if it had been done in today's planning process, this number
of spaces would not be allowed. Further, additional open space would be
required. Council-also felt that the noise-and safety issues caused a
negative impact and would, therefore, be unsupportive of the appeal.
Councilman Dunin stated he could support the appeal because it was an adult
park and, therefore, a play area was not justified. He felt that in an
effort to keep the rents down, the city should not take the stance to try
to reduce density but rather try to increase it. He also felt that the
proximity of the pool should not be a consideration because many people
would want to live as close to the pool as possible and this would not be a
deterrent.
Resolution No. 5526 (1984 Series), a resolution of the Council of the City
of San Luis Obispo was adopted denying use permit application as recommended.
Resolution adopted on a 4 -1 -0 vote, Councilman Dunin voting no.
2. TENTATIVE MAP APPROVAL FOR TRACT 1213 (File X6410 -1213)
Council held a.-public hearing to consider a resolution granting tentative
map approval for Tract 1213 (Pine Creek Condominiums), creating a 36 -unit
residential air -space condominium complex on approximately 1.5 acres at
1185 Foothill Blvd.; R -4 zone; Farbino, applicant (continued from 10- 16 -84).
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report stating that the recommended action was for Council to adopt
the resolution which would approve the negative declaration of environ-
mental impact and approve the tentative map with findings and conditions as
recommended by staff and Planning Commission.
Mayor Billig declared the public hearing open.
City Council Minutes
Tuesday, November 13, 1984 - 7:00 p.m.
Page 4
Jay Farbstein, applicant, spoke to the willingness of the owners to go
along with staff's recommendations including their added conditions. With
regard to a previous issue of the gas tanks and possible leakage, he did
not feel they presented a problem, although they were willing to have the
report done. These tanks were now being used elsewhere in the county which
would indicate that no leakage existed. He also stated that they did not
intend to allow more than four persons per unit.
Rory Simons, 40 Casa Street, was concerned about the access and hoped that
this would be mitigated prior to approval of the project.
Mayor Billig declared the public hearing closed. 1
On motion of Councilman Griffin, seconded by Councilman Dunin, Resolution
No. 5527 (1984 Series), a resolution of the Council of the City of San Luis
Obispo be adopted granting tentative map approval for Tract 1213 with
amendment to Condition 4120 to require Fire Chief rather than Fire Department
approval.
Mayor Billig stated that she would be unable to support the project as she
felt it left the owner in the position of spending a great deal of money
for many unknowns at this time as the studies had not been completed for
the hazardous material issue. She also had concerns about the traffic
circulation and public safety access. She supported student housing,
however, this location is questionable in terms of public health and
safety. She would like an.answer to soil contamination before moving
forward.
After brief discussion, Resolution No. 5527 adopted on a 4 -1 -0 vote, Mayor
Billig voting no.
3. ABANDONMENT OF STREET RIGHT -OF -WAY AND SALE OF CITY PROPERTY AT CHORRO
AND WALNUT STREETS (File 41165)
Council held a public hearing to consider abandonment of street right -of -way
and selling city property at the east corner of Chorro and Walnut Streets;
Barry L. Williams, applicant (continued from 5- 4 -82).
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report stating that the recommended action was for Council approval
of a resolution which would abandon the excess right -of -way with reservation
of sewer easement at city property located on the east corner of Chorro and
Walnut Streets. Further, that Council adopt a resolution approving an
agreement to sell the excess property to the adjacent property owner for
$8,500 with conditions as noted in the agreement.
Mayor Billig declared the public hearing open.
Barry Williams, applicant, spoke in support of the abandonment.
Mayor Billig declared the public hearing closed.
Councilman Griffin moved for the recommended action. Motion died for lack
of a second.
After brief discussion and on motion of Councilman Settle, seconded by
Councilwoman Dovey, to continue this item to the December 4, 1984, Council
meeting with staff directed to reevaluate the value of the Walnut Street
portion at a straight purchase price and review Chorro Street for possible
future widening. Motion carried on a 4 -1 -0 vote, Councilman Griffin voting
no.
8:30 p.m. Mayor Billig declared a recess. 8:45 p.m. City Council reconvened,
all Councilmembers present.
4. APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION - MAINO BUILDING
(File 41407)
Council held a public hearing to consider an appeal by J. Michael Brady, of
AIA & Associates, of a decision by the Architectural Review Commission to
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Tuesday, November 13, 1984 - 7:00 p.m.
Page 5
deny exterior remodel of building at 1108 Garden Street and 767 Higuera
Street ( Maino Building); Maino Bros. Corp., applicant.
Candace Havens, Assistant Planner, briefly reviewed the Council agenda
report stating that the recommended action was for Council to adopt the
resolution which would uphold the appeal of the ARC's decision to deny the
remodel plans for the Maino Building on the southeast corner of Higuera and
Garden Streets and approve the remodel as' proposed.
-Mayor Billig declared the public hearing open.
Michael Brady, representing Mr. Maino, submitted letters in support of
their request from the B.I:A. and the Chamber of Commerce. He also submitted
additional renderings including color designs of the proposed project. He
urged Council's support of the revised plans.
Dale Sutliff, Chairman of the ARC, spoke in support of staff's recommendation
and the applicant's request. He felt-that the real issue was style and
this was more of a philosophical issue that the Council needed to look at.
Terry Simons, ARC Commissioner, agreed that this was more of a philosophical
issue and the real issue here was Council clarification as to the ARC's
authority. He felt that the design did meet the guidelines and that this
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as really a matter of individual style and not of meeting city regulations.
Tom Priest, ARC Commissioner, reminded the Council that the three ARC
members that had spoke were the minority. He felt that the rest of the
Commission had served longer and their understanding was:that the guidelines
do allow the ARC to make this judgement call. He would recommend approval
of the project on the basis that the design of the building would be
compatible with the neighboring buildings. He urged the Council to uphold
the appeal and the design.
Dick Westrope, representing the B.I.A., spoke in support of the appeal:
Linnaea Phillips also spoke in support of the proposed remodel project and
felt it would.benefit the area, especially Garden St.
Priscilla Graham; member'of the Cultural Heritage Committee, stated that
the Committee had researched this and was unable to get any renderings or
very little history on this building. They do know that the building was
the Bank of Italy in 1923 and then became the Bank of America. With this
proposed remodel, it could lose its No. 3 status on the historical preservation
building priority listing.
Mayor_Billig declared the public hearing-closed.
After brief discussion and on motion of Councilman :Settle,•seconded by-.
Councilwoman Dovey, Resolution No. 5528 (1984 Series),:a resolution of-the
Council of the City of San Luis.Obispo be adopted upholding appeal as
recommended and denying action by ARC to deny remodel plans-for the Maino
Building. Resolution adopted unanimously (5 -0).
Councilman Griffin moved that staff be directed to explore the overall -issue
with the ARC to more specifically address the•.inconsistencies and ambiguities
in the ARC guidelines -as it relates to historical structures. Motion died
for -lack of a second.'
5. : GRADING PERMIT (File X1402) '
Council considered a grading permit for property located at the northerly
end of San Luis Drive; Alex Madonna and Dave Garth, applicants.
Toby Ross, -Community-Development Director, briefly reviewed the Council
agenda report stating that it was the recommended action for Council to
approve the grading permit with conditions as recommended by staff.
Mayor`Billig asked,,for public - .testimony.
City Council Minutes
Tuesday, November 13, 1984 - 7:00 p.m.
Page 6
Rob.Strong, representing the applicants, apologized for.the.error on behalf
of his client in grading the property.and transporting.the material to:the
desired fill site area without gaining city approvals. Due to the fact
that.the dirt.was already moved, he.felt and-staff agreed that.it would
cause more of a problem to transport the material back out and by the
adjacent properties. He urged Council's support.of the grading plan-with
revised conditions as noted. He requested that Condition 411 be revised to
allow retaining wall or fill.within 5 to.6 feet of an existing.tree,.rather
than the current 8 feet recommended. He also questioned Condition 412,
posting of $49,000. The bond would not be released until 18 months after
final acceptance. He also requested that under Item 414, that the graded
slopes be allowed on a variable slope and the slope level at a.2:1.ratio,
rather than 3:1 currently recommended. Condition 415, requires.jut mat and
he felt that straw mat or hydroseed as proposed by the Fish and.Game
Department and as indicated in the biology report that they had received,
would also work equally well.
Mayor Billig closed the public portion. .
The Council expressed concern and strong reservations to allow further
grading in light of the applicant having gone ahead with.grade and fill
prior to City authorization.
After discussion.and on motion of Councilman Settle, seconded by Councilman
Dunin, to support the grading permit with conditions as amended:
Condition 411 - "No.retaining.wall:or fill.shall be.allowed with $ 6 feet of
any existing tree."
Condition 414 -. "Variable slope banks.shall.be.required but.in no case shall
slopes be steeper than 2:1."
Condition 415 - "All graded slope areas shall be stabilized by Jute Mat (or
equivalent) and hydromulched within 15 days upon completion of grading to
the approval of the Community Development Director."
Motion carried on a 4 -1 -0 vote, Councilman Griffin voting no.
10:20 p.m. Mayor.Billig declared a recess. 10:30 p.m. City Council reconvened,
all Councilmembers present.
6. PACIFIC STREET ABANDONMENT (File 41535)
Council considered a Planning Commission recommendation to deny abandonment
of a portion of Pacific Street between Santa Rosa and Toro Streets; Don
Rose and Blain Rogers, applicants.
Toby Ross, Community Development Director, briefly reviewed.the Council.
agenda report stating that the recommended action was -for Council adopt the
resolution denying the requested abandonment of Pacific Street northeast of
Santa Rosa Street.
Mayor Billig asked for public comment.
Michael Brady, representing Blain Rogers, one of the owners,.stated that he
had talked with Linnaea Phillips who had not been able-to stay for.this
portion of the meeting. He stated that she felt the parking as proposed
would enhance the Dallidet Adobe. She also felt it would provide an
expanded area for activities at the Dallidet. She felt that the master
plan was good and the project should be done now and would hopefully set a
precedent.
Terry Simons, ARC Commissioner, spoke in support of the proposed abandonment.
He felt it would not be giving up public property but rather removing the
city taxpayer from on- going.liability of.maintenance on this street.
Tom Priest, ARC Commissioner, also spoke in support of the proposal. He
felt this was the core of the downtown which was expanding and taking in
this growth.
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Tuesday, November 13, 1984 - 7:00 p.m.
Page 7
Dave Hannings, past president of Old Town Association, stated he was'
concerned with the proposal as it related to circulation and would urge
Council's denial.
LaVerne Schneider, 1356 Marsh Street and a member of the Old Town Neighbor-
hood Association, also spoke in opposition to the proposed abandonment as
she felt it was encouraging more office space. She would rather see the
residential neighborhood preserved.
Steve Sukke, caretaker of the Dallidet Adobe at-1185 Marsh Street and
' member of the Historical Society, spoke in support'of 'the proposed abandonment.
Blain Rogers, applicant, spoke in support of the proposed abandonment. He
felt that it would be a real asset to the community.
Upon question by Councilman Dunin, Mr. Rogers stated that he would be
willing to add needed improvements to the creek area near that location.
Upon question, Dave Romero, Public Works Director, felt it would be a
benefit to abandon this portion of the street as it would lessen the city's
liability. The creek improvements would also be..an asset.
Mayor Billig closed the public portion.
Councilman Dunin felt that this project would enhance the neighborhood if
the abandonment were approved. He reminded the Council that the Council
had previously directed the staff to look into an R -0 zone, which he felt
would have helped the concerns expressed by LaVerne Schneider. He felt
that staff should:look-at:development near.the creek as an opportunity to
enhance it and would urge the Council's approval.
Mayor Billig felt that the proposal offered was a good one, however, she
would support the staff, Planning Commission and Old Town Neighborhood
Association recommendations. She felt the problems here were with density,
traffic circulation, scale of the project and parking. Until some of these
areas could be further addressed, she could not support the project at this
time. She was also concerned about future impacts on the street and
adjacent neighborhood.
Councilwoman Dovey agreed with Mayor Billig.
Councilman Griffin agreed with comments made by Councilman Dunin. He did
not feel that this would be a proliferation of office space, the project
proposed would be a good one and the abandonment would help it to that end.
Councilman Settle stated he did like the project but he too could not
support the abandonment for reasons as indicated by Mayor Billig.
On motion of Councilwoman Dovey, seconded by Mayor Billig, Resolution No.
5529 (1984 Series), a resolution of the Council of the City of San Luis
Obispo be adopted denying requested abandonment of Pacific Street as
recommended by staff. Resolution adopted on a 3 -2 vote, Councilmembers
Dunin and Griffin voting no.
7. WASTEWATER TREATMENT PLANT, UNIT II (File #83 -01)
Council considered substitution of painting subcontractor for the wastewater
treatment plant, unit II project.
After brief discussion and upon general consensus, Council agreed to
continue this item to date certain Monday, November 26, 1984, at 12:00
noon.
C O M M U N I C A T I O N S
C -1 Request from the Chamber of Commerce regarding Fire Department fees to
be set for future Council agenda item. CAO to contact the Chamber
(5 -0).
City Council Minutes
Tuesday, November 13, 1984 - 7:00 -p.m.
Page 8
C -2 Letter by -Ken Haggard regarding holding a quality assurance hearing on
the Diablo. Canyon Nuclear Power-Plant referred to Mayor's.Meeting for
review.
C -3 The Los Angeles Times (Gold Coast section) will have an article
regarding Farmer's Market in next Sunday's newspaper.
C -4 Jack House open house to be held on 12/8 and 12/9 1984.
C -5 Mayor Billig reported on recent suggestions made by.the Quarterly
Advisory Body Chairs as listed: 1
A. Future orientation meeting to be held for incoming advisory
Chairs.
B. - Public notifications requesting advisory-body applicants to be
written.with.less legal.formality and greater emphasis to.encourage
volunteer participation.
C. .Chairs invited to submit any comments or suggestions on-Advisory
Body, Handbook..
D. Annual Advisory Body Recognition Dinner.to be held in March 1985.
12:00 midnight-Mayor Billig adjourned the meeting to closed session to
discuss personnel /litigation matters. 12:25 p.m. City-Council reconvened
in open session, all.Councilmembers.present....
There being no further business to come before the City Council, Mayor
Billig adjourned the meeting at 12:25.p.m to Monday, November 26, 1984, at
12:10 p.m. to discuss the wastewater tre to ent plan ontract.
Patela Voges, Cit Clerk
APPROVED BY COUNCIL: 12/18/84
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO_
MONDAY, NOVEMBER.26, 1984 - 12:10 P.M.._
COUNCIL.HEARING.ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
STUDY SESSION
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Vice -Mayor
Allen K. Settle
Absent: Mayor Melanie C. Billig
City Staff '
Present: Paul Lanspery, Administrative Officer; Geoff Grote, .
Assistant Administrative Officer; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Dave Romero, Public
Works Director
Others
Present: Scott Fort, resident engineer for E1 Camino Construction