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HomeMy WebLinkAbout08/20/1985CITY COUNCIL MINUTES - TUESDAY, AUGUST 20, 1985 - 7:00 P.M. PAGE 2 C -1 COUNCIL MINUTES Council minutes of Monday, July 15, 1985 - 12:10 p.m., were approved as amended (4 -0 -1, Mayor Billig absent). C -2 PLANS AND SPECIFICATIONS - STREET IMPROVEMENT PROJECT Plans and specifications approved for "Street Improvement Project on Chorro Street from Lincoln Avenue to Foothill Blvd., City Plan No. J -OIA "; bid estimate $121,915, without contingencies, and staff authorized to advertise for bids as recommended (4 -0 -1, Mayor Billig absent). C -3 REPORT ON BIDS - MISSION PLAZA IMPROVEMENT PROJECT (File #85 -16) Resolution No. 5767 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted awarding contract to Brimfield Construction in the amount of $9,500 for "Mission Plaza Improvement Project, Broad Street Stairway," City Plan No. J24Y; bid estimate $15,550, without contingencies, and transfer of funds authorized from Mission Plaza Reserve Fund to the project fund as recommended (4 -0 -1, Mayor Billig absent)). C -4 MADONNA ROAD WIDENING (File #551) Resolution No. 5768 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving agreement with CH2M Hill to provide consultant services to develop plans and specifications for the Madonna Road widening from E1 Mercado Avenue to San Luis Creek ($136,000) as recommended (4 -0 -1, Mayor Billig absent). Resolution No. 5769 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted appropriating an additional $6,000 to the project account for Madonna Road widening as recommended (4 -0 -1, Mayor Billig absent). C -5 PARKING CONSULTANT (File #551) Resolution No. 5770 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted approving agreement with IBI Group to provide consultant services for developing parking alternatives in the downtown as amended (total $34,000; city's share $20,000) (4 -0 -1, Mayor Billig. C -6 SURPLUS PROPERTY - EMILY STREET (File #165) Resolution No. 5771 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted accepting bid from Mid -Coast Welding Inc., in the amount of $300,000 for purchase of property at 642 Emily Street as recommended (4 -0 -1, Mayor Billig absent). C -7 P.G.& E. EASEMENT (File #501) Resolution No. 5772 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted authorizing the Mayor to sign Pacific Gas and Electric Company's easement for power transmission line at Laguna Lake Park as recommended (4 -0 -1, Mayor Billig absent). A D V I S O R Y B 0 D Y A P P O I N T M E N T A -1 HUMAN RELATIONS COMMISSION APPOINTMENT (File #125) Councilman Griffin reviewed the Council Subcommittee report with (Griffin /Dovey) the recommended action to appoint Larry Ratner to the H.R.C. to fill an unexpired term ending 3- 31 -86. On motion of Councilman Griffin, seconded by Councilwoman Dovey, to appoint Larry Ratner as.recommended (4 -0 -1, Mayor Billig absent). P U B L I C H E A R I N G S 1 1 CITY COUNCIL MINUTES - TUESDAY, AUGUST 20, 1985 - 7:00 P.M. PAGE 3 1. ORDINANCE NO. 1041 - FOOTHILL BLVD. (File #410 -1313) Council held a public hearing to consider final passage of Ordinance No. 1041, amending the approved development plan for a 29 -acre site at 102 Foothill Blvd. to allow a 49 -lot residential subdivision; RKO, subdivider (continued from 8- 6 -85). Toby Ross, Community Development Director, briefly reviewed the agenda report with the recommendation that Council approve the planned development preliminary plan as recommended. Vice -Mayor Settle declared the public hearing open. No one spoke for or against the proposed ordinance. Vice -Mayor Settle declared the public hearing closed. On motion of Councilman Griffin, seconded by Councilman Dunin, Ordinance No. 1041 was given final passage as recommended (4 -0 -1, Mayor Billig absent). 2. SUBDIVISION TIME EXTENSION - TRACT 1068 (File #410 -1068) Council held a public hearing to consider granting a 12 -month time extension to file the final map for Tract 1068 (Higuera Technology Tract), creating five lots from one lot at 150 Tank Farm Road; M -SP zone; R. Howard Strausbaugh, Inc., subdivider. Toby Ross, Community Development Director, briefly reviewed the agenda report with the recommendation that Council grant the 12 -month time extension subject to all findings and conditions of previous tentative map approval. Vice -Mayor Settle declared the public hearing open. Rob Strong, representative, stated that he was available for any questions. Vice -Mayor Settle declared the public hearing closed. Councilwoman Dove y questioned the first Whereas of the resolution with regard to whether general market conditions were one of the reasons for the subdivider being unable to meet all the conditions of the map. R. Howard Strausbaugh, subdivider, stated that that was not necessarily the case. After brief discussion and on motion of Councilwoman Dovey, seconded by Councilman Griffin, Resolution No. 5773 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted granting a 12 -month time extension for Tract 1068 with the amendment to the first Whereas, to delete the words, "general market conditions and..." (4 -0 -1, Mayor Billig absent). 3. PEACH STREET APPEAL (File #407) Council held a public hearing to consider an appeal by Gus W. Thomasson of a decision by the Architectural Review Commission to grant final approval of a new office complex at 1025, 1043 and 1055 Peach Street; William Watson, applicant. Geoff Grote, Assistant Administrative Officer, reviewed the revised resolution that was before the Council explaining that pursuant to staff's review, this item could not be heard by the Council this evening. Toby Ross, Community Development Director, briefly reviewed the action taken by the Architectural Review Commission and what the appeal requirements were. Roger Picquet, City Attorney, then reviewed the legal opinion memorandum dated August 16, 1985, which explained that third party appeals could not be made of ARC decisions. Upon request, he then read the resolution to the audience. Vice -Mayor Settle stated he would accept public comment as it related to the resolution, not to the project itself. CITY COUNCIL MINUTES - TUESDAY, AUGUST 20, 1985 - 7:00 P.M. PAGE 4 Peg Pinard, 714 Buchon Street, ARC member and speaking as a citizen, spoke in opposition to the current appeal process and felt that it was important that the public be able to speak on any issue and not be restrained in this particular case. Richard Schmidt, 112 Broad Street, stated it was a long -time precedent that all actions at every level were appealable to the Council. He felt that this was actually a zoning issue, thereby coming under the zoning ordinance which would provide that all decisions are appealable. Penny Rappa, 1435 Broad Street, urged Council accept public input. Joan Leon, 250 Charles Drive, felt that the appeal should be heard inasmuch as the appeal had been processed. Don Smith, 1111 Vista Lago, spoke in support of the appeal. Vice -Mayor Settle closed the public portion. On motion of Councilman Dunin, seconded by Councilman Griffin, to adopt a resolution as recommended, rejecting the appeal application by a private citizen of a decision by the ARC to grant final approval of office complex at 1035, 1043 and 1055 Peach Street as recommended. Councilman Dunin did not feel the Council could contradict its own laws and advice by its City Attorney, and he would, therefore, support the resolution. Councilman Griffin stated he was concerned about the project and would have liked to discuss the merits of the project. However, due to the legal opinion and other municipal code provisions, he was convinced beyond any reasonable doubt that the Council could not review the appeal and would, therefore, support the resolution. He felt there was a serious problem with the appeal process and the office conversion aspects and would be willing to look at this again. Councilwoman Dove y agreed with other statements by Councilmembers. She was unhappy with their being unable to hear the appeal and was anxious to amend the process. Vice -Mayor Settle agreed, felt the current provision was an oversight and would like to amend it. He stated he would have leaned towards upholding the appeal, if he had had the opportunity to do so. Resolution No. 5774 (1985 Series), was adopted on a 4 -0 -1 vote, Mayor Billig absent). On motion of Councilman Griffin, seconded by Councilwoman Dove y, to direct staff to thoroughly review options available for possible amendment to applicable Municipal Code provisions to provide that all decisions be appealable. Staff to report back to Council at its meeting of September 24, 1985, regarding study on residential /office conversion including specific review of height of buildings over two stories and scale of office projects in residential areas. Motion carried on a 4 -0 -1 vote, Mayor Billig absent). 4. DEVELOPMENT PLAN - JOHNSON AVENUE (File #463) Council held a public hearing to consider the final development plan for a medical office complex, known as La Parra, at 2306 Johnson Avenue; James Harrison, applicant. Toby Ross, Community Development Director, reviewed the agenda report stating that the recommendation was for Council adoption of the resolution approving the final development plan as recommended. Vice -Mayor Settle declared the public hearing open. T. Keith Gurnee, spoke on behalf of the applicant, briefly reviewed the project and responded to the concerns voiced by Councilwoman Dovey regarding parking. He stated that the County was supportive of the CITY COUNCIL MINUTES - TUESDAY, AUGUST 20, 1985 - 7:00 P.M. PAGE 5 project, two of the neighbors that he had spoken with today also supported it, and he would urge Council final approval. Vice -Mayor Settle declared the public hearing closed. Councilman Griffin felt that the final plan should come back to the Council and, due to the number of conditions still needing to be met, he would like the Council to be informed when those conditions are met. 1 On motion of Councilman Dunin, seconded by Councilman Griffin, Resolution No. 5775 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted granting approval of the final development plan at 2306 Johnson Avenue as recommended (4 -0 -1, Mayor Billig absent). Councilwoman Dove y wished the record to show that she was voting yes only because.she felt the final development plan was in substantial compliance with that which was approved by the Council at the preliminary plan approval stage and that this was not to be construed as support of the project itself. B U S I N E S S I T E M 5. REPORT ON BIDS - STREET SWEEPER (File #164) Council considered bids received for "Recirculating Air for the Public Works Department; bid estimate $85,000. July 2, 1985 (continued from 8- 6 -85). Dave Pierce, Streets Manager, briefly reviewed the bids air street sweeper with the recommendation that Council resolution which would authorize the purchase of the sw Works, Inc. Street Sweeper" Bids opened on received for an adopt the eeper from Public On motion of Councilman Griffin, seconded by Councilman Dunin, Resolution No. 5775 (1985 Series), a resolution of the Council of the City of San Luis Obispo was adopted authorizing the purchase of a sweeper from Public Works, Inc., in the amount of $85,186.48 as recommended (4 -0 -1, Mayor Billig absent). 8:05 p.m. Vice -Mayor Settle adjourned the meeting to closed session to discuss: 1) labor negotiations to give direction to the City's negotiator regarding the Police Unit; and 2) to consider the acquisition of property owned by Mr. Don Stickler located on Orcutt Road near the railroad tracks. 9:20 p.m. City Council reconvened in open session, Mayor Billig absent. There being no further business to come'befoe the City Council, Vice -Mayor Settle adjourned the meeting at 9.20,p.m / I APPROVED BY COUNCIL: 10 -22 -85 ------------------------ - - - - -- 71