HomeMy WebLinkAbout02/04/1986CITY COUNCIL MINUTES - TUESDAY, FEBRUARY 4, 1986 - 7:00 P.M. PAGE 2
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; Steve Henderson,
Assistant to the City Administrative Officer; Roberta Goddard, Finance
Director; Jeff Hook, Associate Planner; Vi Johnson, Supervisor
Accounts Payable
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Moved by Dovey /Dunin (5 -0), to amend the agenda schedule to have item *7
follow *2.
C O N S E N T A G E N D A
Moved by Settle /Rppa (5 -0), to approve the consent agenda as recommended
by the Administrative Officer excepting of C -11 as noted. The following
actions taken as indicated:
C -1 COUNCIL MINUTES (VOGES)
Council minutes of Monday, December 9, 1985 - 12:10 p.m.; Monday, December
16, 1985 - 12:00 noon; Tuesday, December 17, 1985 - 7:00 p.m.; and Monday,
December 23, 1985 - 12:00 noon, were approved as amended (5 -0).
C_2 CONTRACT PAY ESTIMATES (ROMERO)
Contract pay estimates and change orders approved and ordered paid as
recommended (5 -0).
C -3 CLAIM AGAINST THE CITY - KELLEY (VOGES - 189)
Claim against the City by Susanne Kelley in the amount of $10,000 for
injuries sustained in automobile accident allegedly caused by City's
failure to properly maintain street and lack of traffic signal at Johnson
and Palm Streets was denied as recommended (5 -0).
C -4 CLAIM AGAINST THE CITY - P.G.& E. (VOGES - 189)
Claim against the City by Pacific Gass and Electric Company for
indemnification in lawsuit filed by kenneth, Righard and Mary Alice Green
for injuries sustained by Kenneth Green as a result of a traffic accident
at Crandall Way and Foothill Blvd. was denied as recommended (5 -0).
C -5 CLAIM AGAINST THE CITY - SOLANO (VOGES - 189)
Claim against the by Mel Solano in the amount of $50,000 for injuries
sustained due to an alleged faulty hydraulic lift on City bus was denied
as recommended (5 -0).
C -6 PROPERTY SEIZURE RIGHTS (ENGLERT - 735)
Resolution No. 5884 (1986 Series), was adopted approving Assignment of
Rights agreement between the City and County to allow the Narcotics Task
Force to use funds created as a result of confiscation of drugs and other
related narcotic seizures as recommended (5 -0).
C -7 FINAL SUBDIVISION APPROVAL (ROMERO - 410 -1229)
Resolution No. 5885 (1986 Series), was adopted granting final map approval
for Tract 1229 (Unit I) as recommended (5 -0).
C -8 FINAL SUBDIVISION ACCEPTANCE (ROMERO - 410 -1182)
Resolution No. 5886 (1986 Series), was adopted granting final acceptance
of Tract 1182 as recommended (5 -0).
CITY COUNCIL MINUTES - TUESDAY, FEBRUARY 4, 1986 - 7:00 P.M. PAGE 3
C -9 GRANT APPLICATION (STOCKTON - 882)
Resolution No. 5887 (1986 Series), was adopted authorizing the grant
application for Federal Land and Water Conservation Funds ($60,000) for
the development of Laguna Lake Park as recommended (5 -0).
C -10 SURPLUS PERSONAL PROPERTY AUCTION (GODDARD - 166)
Resolution No. 5888 (1986 Series), was adopted declaring certain personal
property as surplus and Resolution No. 5889 (1986 Series), was adopted '
approving sale agreement with Golden West Auctioneers as recommended
(5 -0).
C -11 LEASE AGREEMENT - H.R.C. (HENDERSON - 1041)
Moved by Griffin /Settle (5 -0), to adopt Resolution No. 5890 (1986 Series),
approving lease agreement between the City and Breen Property Investments
for rental of office space for the Human Relations Office at 864 Osos
Street, Suite B, for two -year period expiring January 31, 1988 ($6,480
annually) as amended.
P U B L I C H E A R I N G S
1. FRATERNITY APPEAL (ROSS /464 - 10 min.)
Council considered upholding an appeal of the Planning Commission to
revoke Use Permit No. U0852 -A (Alpha Upsilon Fraternity) and amending the
use permit to allow a fraternity house at 1334 Palm Street; permit to
expire 6 -30 -86 (continued from 1- 21 -86).
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution upholding the appeal
of the Planning Commission to revoke the use permit U0852 -A (Alpha Upsilon
Fraternity) and amend the use permit to allow a fraternity house at 1334
Palm Street through 6- 30 -86. He also submitted an amended resolution
which would delete condition t10 and amend condition #11, to read
.,parties, social gatherings, or meetings at the site should be limited to
members of the fraternity."
Mayor Dunin declared the public hearing open.
Michael Schmad, 1334 Palm Street and resident of the fraternity, asked for
clarification regarding social functions and asked that the Council allow
organized activities such as work groups, or others that might be at the
fraternity that would not be related to a party or social gathering.
Mayor Dunin declared the public hearing closed.
Councilwoman Dove y suggested revisions to the use permit to substitute the
second sentence of condition *7 to read, "Upon finding evidence of
continued or additional behavior which is incompatible with surrounding
land uses, the City Council may revoke the use permit to be effective
immediately." She added additional condition #14 to read, "The fraternity
shall comply with all other laws and regulations, including.but not
limited to, the City's Noise Regulations (Chapter 9.12 of the San Luis
Obispo Municipal Code). Failure to do so may result in revocation of the
use permit."
Councilman Griffin suggested that with the additional conditions as
recommended by Councilwoman Dovey that the suggested wording on condition
11 be left as is.
Councilwoman Rapp a stated she could not support the amended condition *11
as further amended.
After discussion moved by Settle /Griffin (4 -1, Rappa voting no), to adopt
Resolution No. 5891 (1986 Series), upholding an appeal of the Planning
Commission and amending use permit to allow Alpha Upsilon Fraternity at
1334 Palm Street with amendments to include substitution of the second
sentence in condition #7, deletion of condition #10, amended wording to
condition #11 (now *10) to read, "Parties, social gatherings, or meetings
at the site shall be limited to members of the fraternity." and addition
of condition 14 (now *13).
CITY COUNCIL MINUTES - TUESDAY, FEBRUARY 4, 1986 - 7:00 P.M. PAGE 4
2. REZONING - HIGUERA STREET (ROSS /463 - 15 min.)
Public hearing to consider a Planning Commission recommendation to amend
the zone map to change the designation of approximately 2.34 acres from
service - commercial /light industrial (C -S) to service - commercial /light
industrial - special considerations (C -S -S) at 55 and 65 Higuera Street;
City of San Luis Obispo, applicant.
Moved by Settle /Rappa (5 -0), to continue this hearing to date certain
February 18, 1986, Council meeting at request of the property owner Henry
Baron.
3. PROPOSED SUBDIVISION - TRACT 1260 (ROSS /410 -1260 - 30 min.)
Council held a public hearing to consider a Planning Commission
recommendation to grant tentative map approval for Tract 1260 (Mission
Villa), creating an 18 -unit residential air -space condominium at 795
Nipomo Street; R -3 and R -3 -S zone; SLOBAK, Inc. (Cliff Hiatt), subdivider.
Jeff Hook, Associate Planner, reviewed the agenda report with the
recommendation that Council adopt the resolution approving the tentative
map subject to findings and conditions noted and adopt a resolution of
intention to abandon a portion of Nipomo Street setting the public hearing
for March 4, 1986. He also gave a brief slide presentation of the
development.
Council discussed at length the concerns they had relative to how this
proposed subdivision would withstand future flooding problems at both the
50- and 100 -year levels and possible mitigation measures involving saving
of a primary tree within the creek right -of -way and various ways of
protecting the creek bank.
Mayor Dunin declared the public hearing open.
' Jonathan Lindenthaler, 1115 -C Toro Street and architect for the project,
spoke to some of the flood concerns and measures that had been designed
for mitigation of flooding. He assured the Council that this would be a
well- protected development. He also stated he was in support of all the
findings and conditions as recommended.
Mel Johnson, 557 Brizzolara Street, was concerned that the easement
between the subject development and his property was properly recorded,
acknowledging what share that he will retain ownership of.
Mayor Dunin declared the public hearing closed.
After discussion moved by Griffin /Settle (5 -0), to adopt Resolution No.
5892 (1986 Series), approving tentative map for Tract 1260 as recommended.
Moved by Dunin /Settle (5 -0), to adopt Resolution of Intention No. 5893
(1986 Series), to abandon portion of Nipomo Street and setting public
hearing for March 4, 1986, as recommended.
4. APPEAL - MEDICAL CENTER (ROSS /407 - 30 min.)
Council held a public hearing to consider an appeal by Dennis Moresco of a
decision by the Community Development Director to require a focused EIR
addressing traffic and circulation for a proposed medical center located
at 862 Meinecke near Rougeot Place; Midland Pacific Building Corp. (Dennis
Moresco), applicant.
Jeff Hook, Associate Planner, reviewed the agenda report with the
recommendation that Council adopt the resolution upholding the director's
action to require a focused EIR. He stated that the applicant had
submitted a traffic study received today that could be incorporated in
this study with additional review by staff and be made a part of the
expanded initial study should Council should choose.
Mayor Dunin questioned whether an indemnification clause could be included
as a part of the report. Legal Counsel stated that was so.
Mayor Dunin declared the public hearing open.
CITY COUNCIL MINUTES - TUESDAY, FEBRUARY 4, 1986 - 7:00 P.M. PAGE 5
Dennis Moresco, Architect for Midland Pacific, spoke in support of his
appeal and asked the Council to make the traffic study a part of their
deliberations in making this decision.
Betty Nicholson, resident at the corner of Chorro and Rougeot Place
reviewed her concerns regarding the traffic in this area and would hope
that the Council look at this study very closely in reaching their
decision.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Griffin /Settle (5 -0), to adopt Resolution
No. 5894 (1986 Series), upholding the Director's action to require a
focused EIR for new medical office building at 862 Meinecke Avenue., with
amendments stating that, in upholding the appeal, Council was requiring an
expanded initial environmental impact report which would incorporate the
additional traffic study and staff's suggestions for mitigation measures.
8:45 p.m. Mayor Dunin declared a recess. 9:00 p.m. City Council
reconvened, all Councilmembers present.
5. SUBDIVISION REGULATIONS AMENDMENT (ROSS /411 - 20 min.)
Council held a public hearing to consider a Planning Commission
recommendation to amend the Subdivision Regulations to establish
requirements for processing "vesting tentative maps" for residential
subdivisions; City of San Luis Obispo, applicant.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council introduce the ordinance to print amending
the Subdivision Regulations to establish requirements for processing
vesting tentative maps.
Mayor Dunin declared the public hearing open.
Jack Hunter, Central Coast Engineering and licensed architect, asked for
clarification of some of the provisions regarding non - residential vs.
residential requirements.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Settle /Dover (5 -0), to introduce
Ordinance No. 1053 (1986 Series), to amend the Subdivision Regulations to
establish requirements for processing "vesting tentative maps" as
recommended.
6. MID -YEAR FINANCIAL REPORT (GODDARD /231 - 15 min.)
Council held a public hearing to consider acceptance of six -month mid -year
financial report and appropriating mid -year budget adjustments.
Bobbie Goddard, Finance Director, reviewed the agenda report with the
recommendation that Council accept the report and adopt mid -year budget
adjustments for the remaining of fiscal year 1985 -86 as recommended.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed report. Mayor Dunin declared the public hearing closed.
Moved by Griffin /Settle (5 -0), to receive and file report and adopt
Resolution No. 5895 (1986 Series), appropriating funds in the amount of
$18,000 with amendment to clarify that the grants -in -aid for $2,700, it
was a Promotional Coordinating Committee budget item, rather than Human
Relations.
7. CHUMASH APPEAL (HENDERSON /428 - 10 min.)
Council considered a resolution denying an appeal from Chumash Village
Investments of a decision of the Mobilehome Rent Review Board to deny rent
increase.
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CITY COUNCIL MINUTES - TUESDAY, FEBRUARY 4, 1986 - 7:00 P.M. PAGE 6
After brief discussion, moved by Dovey /Settle (5 -0), to adopt Resolution
No. 5896 (1986 Series), denying the appeal modifying the decision and
order of the Mobilehome Rent Review Board dated 10/3/85 as recommended.
8. BALLOT MEASURES (SETTLE /DOVEY /324 - 20 min.)
Council considered
placed on the June
Charter amendments
clarifying Council
violation of ordinn
facilities.
three Charter amendments and one proposition to be
3, 1986, State -wide Primary Election. The three
concern a) removal of Measure G, "Annexations "; b)
compensation requirements; and c) prosecution of
inces. the proposition relates to onshore oil
Mayor Dunin asked for public comment.
Walter Shroeder, 1722 Conejo Avenue, urged against adoption of the
proposition relating to onshore oil facilities at least until sufficient
public hearing had been held concerning this subject.
Giselle Naylor, 1720 Johnson Avenue, was concerned that the Council not
place Measure C relating to prosecution of violation of ordinances on the
ballot as she felt this would not allow the public to ask for a jury trial
under misdemeanor violations which she felt would be a denial of the
public right for free counsel.
After brief discussion, moved by Dovey /Settle (5 -0), to adopt Resolution
Nos. 5897, 5898, 5899 (1986 Series), as recommended and Resolution No.
5900 (1986 Series) as amended per Councilman's Griffin's comments on
Measure D, approving ballot measures A, B, C, D and calling election for
the June 3, 1986, State -wide Primary Election; Resolution No. 5901 (1986
Series), requesting the Board of Supervisors consolidate the Special
Municipal Election with the State -wide Primary Election.
C O M M U N I C A T I O N S
C -1 COUNTY REFERRAL OF GP AMENDMENT - LOS OSOS VALLEY ROAD
Council to give comments to CAO on draft letter regarding City referral
concerning Madonna General Plan amendment on Los Osos Valley Road. Letter
to be approved at Council meeting of February 11, 1986 (5 -0).
C -2 NORTH COASTAL TRANSIT
Councilman Griffin reported on recent action taken by North Coastal
Transit Board to transfer administrator and treasurer duties of NCT to the
County of San Luis Obispo (5 -0).
C -3 ADVISORY BODY TESTIMONY
Council considered a letter received from PIAC concerning individual
commissioner comments during Council hearing process.
Councilman Griffin to work with staff on response to PIAC to clarify
Council policy. Draft to be approved by Council (5 -0).
10:25 p.m. Mayor Dunin adjourned the meeting to closed session to discuss
pending litigation with their attorney under Govt. Code Section 54956.9
for the following matters: 11 Hamil vs. City (SLOSC #60842); 2) Groves
1 vs. City (SLOSC #60345); 3) Rey vs. City (SLOSC #60612); 4) Preferred Comm
vs. LA (USSC); 5) in regard to P.G. &E. application before NRC on
radioactive wastes storage; and under Govt. Code Section 54956.8 to give
instructions to Council's negotiators regarding the sale of City property
on Emily Street (old Corp. Yard) and the purchase of property on Orcutt
Road adjacent to the Railroad right -of -way with Don Hubbard & Don
Stickler.
There being no further business to come before the City Council, Mayor
Dunin adjourned t eeting at 11:30 p.m. to Tuesday, February 11, 1986,
at 7:00 p.m. t disc s Housing Authority and City Attorney mid -year
review. _ / A
Patela Voges, City Ierk
APPROVED BY COUNCIL: 4 -15 -86