HomeMy WebLinkAbout01/21/1986CITY COUNCIL MINUTES - TUESDAY, JANUARY 21, 1986 - 7:00 P.M. PAGE 2
C -2 CLAIMS AGAINST THE CITY - SNOWDY /WELDON (VOGES - 189)
Claims against the City by Sherman Snowdy and James Weldon in the amounts
of $200,000 and $600,000, respectively for injuries and damages as a
result of an auto accident allegedly due to lack of warning signs on
Sacramento Drive were denied as recommended (5 -0).
C -3 PROPERTY TAX REVENUES (GODDARD - 295)
' Resolution No. 5872 (1986 Series), was adopted accepting negotiated
exchange of the annual tax increment from the County for parcel #73- 361 -01
(portion of the San Luis Obispo Creek Estate subdivision) as recommended
(5 -0).
C -4 ELECTION EXPENSE REPORT (VOGES - 324)
Report of General Municipal Election of November 5, 1985, accepted and
ordered filed as recommended (5 -0).
C -5 COPIER SERVICES (VOGES - 161)
Resolution No. 5873 (1986 Series), was adopted approving one -year
agreement with Mike's Copy & Graphics expiring January 21, 1987, as
recommended (5 -0).
C -6 CONFLICT OF INTEREST CODES (VOGES - 345)
Resolution No. 5874 (1986 Series), was adopted updating the list of City
employees and advisory body members required to file a conflict of
interest statement and Resolution No. 5262 rescinded as recommended (5 -0).
C -7 TRAFFIC WORK ORDERS (ROMERO)
Resolution No. 5875 (1986 Series), was adopted approving traffic work
orders for period of October 1, 1985, through December 31, 1985, as
recommended (4 -1, Dunin voting no).
C -8 STREET ABANDONMENT - GARFIELD (ROSS - 535)
Resolution of Intention No. 5876 (1986 Series), was adopted to abandon
portion of right -of -way, on Garfield Street and setting public hearing for
February 18, 1986, as recommended (5 -0).
C -9 JPA - SANTA MARIA (LANSPERY - 181)
Resolution No. 5877 (1986 Series), was adopted allowing the City of Santa
Maria to join the CCCJPA Liability Program as recommended (5 -0).
P U B L I C H E A R I N G S
1. SIDEWALK REPAIRS (ROMERO /533 - 5 min.)
Council held a public hearing to consider confirmation of sidewalk repair
costs to property owners on portions of Broad, Buchon, Pismo and Nipomo
Streets.
Councilwoman Rappa stepped down due to a possible conflict of interest.
I Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council adopt the resolution confirming sidewalk
repair costs as recommended by staff.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed confirmations. Mayor Dunin declared the public hearing
closed.
Moved by Settle /Dover (4 -0, Rappa absent), to adopt Resolution No. 5878
(1986 Series), confirming sidewalk repair costs as recommended.
Councilwoman Rappa returned to her seat.
CITY COUNCIL MINUTES - TUESDAY, JANUARY 21, 1986 - 7:00 P.M. PAGE 3
2. APPEAL - REVOCATION OF USE PERMIT (ROSS /464 - 60 min.)
Council held a public hearing to consider an appeal by Alpha Upsilon
Fraternity of a decision by the Planning Commission to revoke use permit
allowing a fraternity house at 1334 Palm Street; R -3 zone; Alpha Upsilon
Fraternity, applicant.
Glen Matteson, Associate Planner, reviewed the agenda report with the
recommendation that Council adopt the resolution to deny the appeal and
affirm the Planning Commission's revocation of the use permit as
recommended.
Mayor Dunin declared the public hearing open.
Bret O'Rourke, 2869 Los Alamos and a member of the Fraternity, spoke in
support of the appeal.
Michael Schmall, 1334 Palm Street and President of Alpha Upsilon
Fraternity spoke to the problems he saw as a result of the Planning
Commission's resolution for the use permit. He felt there was too much
time spent erecting fences and looking at other land use issues as part of
the resolution rather than the problems connected with fraternities such
as the litter, noise and hours. He felt that they had resolved most of
these problems by not allowing any more open parties and require.frater-
nity members to pick up trash after their meetings. In response to issue
raised regarding vandalism, he stated there is not and never has been any
calls from the Police Department citing the fraternity for vandalism. He
urged that their use permit not be revoked but if it had to be, he would
rather it be terminated because they would be moving soon anyway, and he
did not want to see revocation on their record.
Don Hubbard, one of the new owners of the property rented to the frater-
nity, stated that they had purchased the property in March of 1985 and
that he knew the fraternity was actively looking for another place. He '
felt there was a concern that as a owner he would be unable to continue
with his plans for building on this property as it would appear that the
Growth Management Regulations might keep him from getting a building
permit for several months. He would urge the Council not to revoke the
fraternity permit as he would not have renters in the interim.
Victoria Mettor, 1333 Mill Street. stated that she had been very impressed
with the way the fraternity had been following the rules in the last few
months and would, therefore, support their appeal.
Lawrence Holdgate, 1336 Mill Street, stated that he had previously
complained to the Police Department regarding the fraternity last fall.
He would urge that the Council, unless given some very strong assurances
that the fraternity's behavior would change, revoke the use permit.
Mike Demilo, 1352 Palm Street, urged that the Council not revoke the use
permit as it seemed senseless as they would be moving soon anyway.
Kimberly Groot, 1350 Palm Street, stated that she was a new resident but
that as of very recent there has still been continuing problems with
trash, urinating, traffic, etc., and would support revocation of the use
permit.
Bob Rhodes, 559 Cooper #3 and a fraternity member, also urged that the
Council not revoke their permit because even though they would be moving
soon, it might make it more difficult to get a new permit elsewhere.
Mayor Dunin declared the public hearing closed.
Moved by Dovey /Rappa, to adopt the resolution denying the appeal of the
Planning Commission's revocation of a use permit for the fraternity
effective July 1, 1986, as recommended. Motion failed on a 3 -2 vote,
Griffin, Settle and Dunin voting no.
Councilwoman Dovey stated that this was the seventh revocation hearing and
that she felt it warranted revocation.
CITY COUNCIL MINUTES - TUESDAY, JANUARY 21, 1986 - 7:00 P.M. PAGE 4
Councilman Griffin felt that revocation would be too harsh and would
prefer to address the specific complaints, amend the conditions, and have
the use permit terminate as of June 30, 1986.
Councilman Settle also felt that there was too many complaints but felt
that conditions could be amended to let the use permit expire rather than
be revoked.
3. GROWTH MANAGEMENT (ROSS /466 - 30 min.)
Council considered requests to allow exceptions and /or ranking of three
projects for building permit issuance under the Growth Management
Regulations. Project candidates are: 1) 8 -unit residential condominium
at 670 Chorro Street; 2) 8 -unit apartment complex at 437 Kentucky Avenue;
and 3) 28 -unit residential condominium at 4036 Poinsettia Street.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council deny the request for exceptions from the
Growth Management Regulations at 437 Kentucky Avenue and 4036 Poinsettia
Street and to rank projects as shown in the resolution which would also
allow permit issuance for projects at 670 Chorro Street and 437 Kentucky
Avenue, and issuance for permit for 9 units at 4036 Poinsettia Street.
Mayor Dunin asked for public comment.
John French, 973 Higuera Street, spoke to his concerns about how the
phasing had been established for the building out of Edna - Islay. He felt
that there should be an exception to this kind of planned housing phasing
as this was all discussed several years ago and now, in mid - stream, they
were not being able to build out as originally agreed upon.
Chuck French spoke to the problem that all the improvements are necessary
to be installed now or else be bonded for which would be impractical. The
only other alternative would be to stockpile permits until sufficient
permits were available to begin construction. It was possible that with
the growth management ranking that they might not be able to finish this
phase until November 1987. He would, therefore, urge that this project be
exempted or dealt with separately.
After brief discussion, moved by Griffin /Settle (4 -1, Dunin voting no), to
adopt Resolution No. 5879 (1986 Series), denying request for exception
from the Growth Management Regulations for 437 Kentucky Avenue.
Moved by Griffin /Settle (3 -2, Dovey and Rappa voting no), to adopt
Resolution No. 5880 (1986 Series), granting an exception from the Growth
Management Regulations for Willowbrook Condominiums at 4036 Poinsettia as
amended in Section 2 to read, "It would not be desirable to construct the
project in phases because it consists of an integrated group of buildings
approved as a specific plan."
Moved by Dunin /Settle (4 -1, Dovey voting no), to adopt Resolution No. 5881
(1986 Series), ranking the residential projects at 670 Chorro, 437
Kentucky and 4036 Poinsettia as recommended.
8:45 p.m. Mayor Dunin declared a recess. 8 :55 p.m. City Council
reconvened, all Councilmembers present.
4. HOUSING ELEMENT (ROSS /462 - 40 min.)
Council reviewed the general format and scheduling for future revision of
the General Plan Housing Element; City of San Luis Obispo, applicant.
Glen Matteson, Associate Planner, reviewed the agenda report with the
recommendation that the Council review the Housing Element, Councilman
Griffin's comments, and the staff report, and determine how and when to
proceed with public hearings.
After discussion moved by Griffin /Settle (4 -1, Dovey
directed to prepare amended use permit including set
voting no), staff
of stringent
conditions
relating to
complaints -- specifically
that
no social functions
be allowed
on site and
to provide for expiration
'date
effective June 30,
1986, with
the hearing
continued to date certain
February
4, 1986.
3. GROWTH MANAGEMENT (ROSS /466 - 30 min.)
Council considered requests to allow exceptions and /or ranking of three
projects for building permit issuance under the Growth Management
Regulations. Project candidates are: 1) 8 -unit residential condominium
at 670 Chorro Street; 2) 8 -unit apartment complex at 437 Kentucky Avenue;
and 3) 28 -unit residential condominium at 4036 Poinsettia Street.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council deny the request for exceptions from the
Growth Management Regulations at 437 Kentucky Avenue and 4036 Poinsettia
Street and to rank projects as shown in the resolution which would also
allow permit issuance for projects at 670 Chorro Street and 437 Kentucky
Avenue, and issuance for permit for 9 units at 4036 Poinsettia Street.
Mayor Dunin asked for public comment.
John French, 973 Higuera Street, spoke to his concerns about how the
phasing had been established for the building out of Edna - Islay. He felt
that there should be an exception to this kind of planned housing phasing
as this was all discussed several years ago and now, in mid - stream, they
were not being able to build out as originally agreed upon.
Chuck French spoke to the problem that all the improvements are necessary
to be installed now or else be bonded for which would be impractical. The
only other alternative would be to stockpile permits until sufficient
permits were available to begin construction. It was possible that with
the growth management ranking that they might not be able to finish this
phase until November 1987. He would, therefore, urge that this project be
exempted or dealt with separately.
After brief discussion, moved by Griffin /Settle (4 -1, Dunin voting no), to
adopt Resolution No. 5879 (1986 Series), denying request for exception
from the Growth Management Regulations for 437 Kentucky Avenue.
Moved by Griffin /Settle (3 -2, Dovey and Rappa voting no), to adopt
Resolution No. 5880 (1986 Series), granting an exception from the Growth
Management Regulations for Willowbrook Condominiums at 4036 Poinsettia as
amended in Section 2 to read, "It would not be desirable to construct the
project in phases because it consists of an integrated group of buildings
approved as a specific plan."
Moved by Dunin /Settle (4 -1, Dovey voting no), to adopt Resolution No. 5881
(1986 Series), ranking the residential projects at 670 Chorro, 437
Kentucky and 4036 Poinsettia as recommended.
8:45 p.m. Mayor Dunin declared a recess. 8 :55 p.m. City Council
reconvened, all Councilmembers present.
4. HOUSING ELEMENT (ROSS /462 - 40 min.)
Council reviewed the general format and scheduling for future revision of
the General Plan Housing Element; City of San Luis Obispo, applicant.
Glen Matteson, Associate Planner, reviewed the agenda report with the
recommendation that the Council review the Housing Element, Councilman
Griffin's comments, and the staff report, and determine how and when to
proceed with public hearings.
CITY COUNCIL MINUTES - TUESDAY, JANUARY 21, 1986 - 7:00 P.M. PAGE 5
Leola Rubottom, 3960 South Higuera Street, resident of Creekside
Mobilehome Park, voiced her concerns about the lack of mobilehome parks
having not been built in the last 10 years. She felt that this had not
been.adequately addressed in the Housing Element and would like to see
some additional comments.
After discussion and upon general consensus, Council continued this item
for additional staff report to get additional detail on how to incorporate
the various recommended changes by the Planning Commission, the current
Housing Element and Councilman Griffin's comments, and to set this for
future public study session. Format not to be discussed specifically,
although changes made to the Housing Element may provide minor format
changes (5 -0).
5. COUNCIL PROCEDURES & POLICIES (DOVEY /DUNIN /113 - 20 min.)
Council considered a resolution amending Council procedures and policies.
Councilwoman Dovey reviewed the agenda,report with the recommendation that
Council adopt the resolution as presented and rescind other resolutions in
conflict.
After brief discussion,.moved by Griffin / Rappa (5 -0), to adopt Resolution
No. 5882 (1986 Series), approving Council procedures and policies as
amended and rescinding other resolutions in conflict.
6. OFFSHORE OIL (GRIFFIN /1105 - 10 min.)
Council considered an ordinance oppossing oil and gas drilling off the
coast of Central and Northern California.
Councilman Griffin reviewed the draft ordinance opposing oil and gas
drilling and recommended that Council approve this ordinance for placement
on the June ballot.. a
Mayor Dunin stated that he could support the ordinance if it would be
limited to support facilities within the City of San Luis Obispo.
Councilwoman Rappa stated she was supportive of the concept but she would
like to limit the areas to those that were within the scope of the City of
San Luis Obispo.
Councilman Griffin suggested deleting all sections of the ordinance but to
leave sections 4B, 5 and 6 and to add findings to the ordinance to support
that.
Mayor Dunin asked for public comment.
Walter Shroeder stated he would have preferred that Council had received
additional public input prior to taking action on this item.
After additional discussion and upon general consensus, staff was directed
to revise the ordinance as discussed, leaving sections 4B, 5 and 6, adding
findings and preparing it for placement on the June ballot (5 -0).
C O M M U N I C A T I O N S
C -1 S.L.O. COUNTY WATER MASTER PLAN (HETLAND)
Council considered approving a formal letter concerning proposed amend-
ments to the County's draft Water Master Plan Update (continued from
1- 14 -86).
After brief discussion, Council recessed at 10:10 p.m. for Council
Subcommittee Griffin and Rappa to rewrite the letter to be more explicit
with the Council's concerns. Council reconvened at 10:45 p.m., all
Councilmembers present.
After discussion and upon general consensus, the draft letter was approved
with the amendments as submitted (5 -0).
CITY COUNCIL MINUTES - TUESDAY, JANUARY 21, 1986 - 7:00 P.M. PAGE 6
C -2 PCC LINE ITEM
After brief discussion and upon general consensus, line item status for
the Promotional Coordinating Committee was referred to the Budget
Subcommittee (Dovey /Griffin) for review and comment.
10:55 p.m: Mayor Dunin adjourned the meeting to closed session to discuss
property acquisition for real property locatdd at Orcutt & Broad.
11:45 p.m. City Council reconvened in open session, all Councilmembers
present.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 11:45 m. to Monday, January 27, 1986, at
4:00 p.m. to discuss Parking and A torn y's miii -year review.
Pa ela Voges, Ci erk
APPROVED BY COUNCIL: 5 -6 -86
------------------------------------------------------------------
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO .
MONDAY, JANUARY 27, 1986 - 4:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Councilmembers
Present: Councilmembers Robert Griffin, Penny Rappa, Allen K. Settle
and Mayor Ron Dunin
Absent: Vice -Mayor GlennaDeane Dovey
City Staff:
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney; Pamela Voges, City Clerk; Toby Ross, Community
'Development Director; Dave Romero, Public Works Director:
Wayne Peterson, City Engineer: Robert Goddard, Finance
Director
1. PARKING (LANSPERY /551 - 90 min.)
Council reviewed and considered a feasibility study for possible
development of a parking deck(s) located in downtown San Luis Obispo.
Wayne Peterson, City Engineer, briefly reviewed the agenda report and
introduced the consulants from IBI, Alistair Baille, Senior Associate,
Paul Zajfen, Director, and Neil George.
Consultants gave lengthy review of the various sites that Council had
requested to consider for the basis for their study. They stated the
recommendation was to approve sites 1 and 3 on lots 1 and 2. located at
Palm & Morro and at Broad & Marsh Streets. They reviewed the financial
implications of each site selected.
5:35 p.m. Mayor Dunin declared a recess. 5:45 p.m. City Council
reconvened, Councilwoman Dovey absent.
Wayne Peterson reviewed five recommendations for the Council to take
action on today.