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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of City employees and advisory body members required to file a conflict of interest statement and Resolution No. 5262 rescinded as recommended (5 -0).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.