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HomeMy WebLinkAbout04/01/1986CITY COUNCIL MINUTES - TUESDAY, APRIL 1, 1986 - 7:00 P.M. PAGE 2 Steve Henderson, Assistant to the Administrative Officer; Don Englert, Police Chief; Wayne Peterson, City Engineer; Roberta Goddard, Finance Director; Candace Havens, Assistant Planner C O N S E N T A G E N D A Moved by Rappa /Griffin (5 -0), the Consent Agenda was approved as recommended by the City Administrative Officer. The following actions taken as indicated: C -1 CLAIM AGAINST THE CITY - LEONARD (File #189) Claim against the City by Joseph E. Leonard in an undertermined amount for indemnification and in support of claim filed by Mariano and Nora Rey arising out of a shooting incident in Reservoir Canyon was denied as recommended (5 -0). C -2 ADVISORY BODY APPOINTMENT (File #125) Kenneth McCracken appointed as handicapped representative to the Mass Transportation Committee for a two -year term expiring 3 -31 -88 (5 -0). C -3 SEWERLINE IMPROVEMENT PROJECTS Plans and specifications approved and staff authorized to advertise for bids as recommended for "Sewerline Improvement Projects at Southern Pacific Railroad from Santa Rosa to Henry Streets and at Johnson Park from Augusta to Southwood Drive," City Plan No. G -18; bid estimate $55,400 without contingencies (5 -0). C -4 FINAL SUBDIVISION APPROVAL - TRACT 1362 (File #410 -1362) Resolution No. 5926 (1986 Series), was adopted approving final map for Tract 1362, creating a 20 -unit service /commercial- industrial air -space condominium complex located at 3563 Sueldo Street; C -S -SP zone; Steven Frank, subdivider, as recommended (5 -0). C -5 .PARKING DECK DESIGN (File #551) Staff authorized to negotiate professional contracts for the design of parking decks on city parking lots 1 and 2 as recommended (continued from 1 -27 -86 and 3- 18 -86; contracts to be brought back for Council approval) (5 -0). C -6 ENGINEERING STANDARDS (File #502) Resolution No. 5927 (1986 Series), was adopted approving Engineering Standards for the City of San Luis Obispo and rescinding standards in conflict as recommended (5 -0). P R E S E N T A T I O N A. CERTIFICATES OF APPRECIATION Presentation made by Steve Henderson and Certificates of Appreciation presented by Mayor Dunin to Sgt. Gary Orback, Supervisor of the Reserve Police Program, and William Proll, Reserve Police Officer, for their outstanding service to the community. P U B L I C H E A R I N G S 1. WATERWAYS (File #592) Council considered an ordinance revising the Municipal Code to provide a permit process for work in waterways (continued from 3- 18 -86). CITY COUNCIL MINUTES - TUESDAY, APRIL 1, 1986 - 7:00 P.M. PAGE 3 Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council introduce the ordinance to print which would revise the Code rechaptering it in its entirety under Title 15 "Building and Construction." Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. After discussion moved by Dovey /Griffin (5 -0), to defer this ordinance for additional review of Section 040 to provide consistency throughout the Grading Ordinance by amending the definitions of Drainage Ways to Waterways and include Laguna Lake Shores as part of the definition (tentatively scheduled for 4- 15 -86). 2. REZONING - CARWASHES (CR1246) (File #463) A. Council held a public hearing to consider granting final passage to Ordinance No. 1058, approving a negative declaration of environmental impact and amending the Zoning Regulations to allow carwashes in the tourist - commercial (C -T) zone upon approval of a use permit; City of San Luis Obispo, applicant (continued from 3- 18 -86). B. Council reviewed draft standards to allow carwashes in the C -T zone when incidental to a service station and separated by at least 1,000 feet from another carwash. Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council give final passage to Ordinance No. 1058 approving a negative declaration of environmental impact and amending the Zoning Regulations to allow carwashes in the C -T zone with Planning Commission approval of the use permit when the carwash is incidental to a service station and separated by at least 1,000 feet from another carwash. Council was also being asked to review and accept staff's draft standards for carwashes. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Mayor Dunin requested that the standards show that a commercial development is subject to Architectural Review Commission review. After brief discussion, moved by Dovey /Settle (5 -0), Ordinance No. 1058 was given final passage to allow carwashes in the C -T zone as recommended. Moved by Dovey /Settle (5 -0), draft standards for carwashes were approved as recommended. 3. PROPOSED SUBDIVISION - TRACT 1383 (File *410 -1383) Council held a public hearing to consider a Planning Commission recommen- dation to grant tentative map approval of tract 1383, creating a 5 -unit service - commercial /industrial air -space condominium complex at 3523 South Higuera Street; C -S -SP zone; William Portzell, subdivider. Toby Ross, Community Development Director, reviewed the agenda report with the recommendtion that Council.adopt the resolution approving the tentative map for Tract 1383 as recommended. ' Mayor Dunin declared the public hearing open. Steven Frank, representing the applicant, stated that they were in agreement with the Planning Commission recommendation and urged Council's approval. After brief discussion, moved by Settle /Griffin (5 -0), Resolution No. 5928 (1986 Series), was adopted approving tentative map for Tract 1383 as recommended. 4. SUBDIVISION TIME EXTENSION - TRACT 1150 (File *410 -1150) Council held a public hearing to consider granting a 12 -month time extension to file the final map for Tract 1150 (Stoneridge One), creating CITY COUNCIL MINUTES - TUESDAY, APRIL 1, 1986 - 7:00 P.M. PAGE 4 a 40 -lot residential subdivision at 2877 Broad Street; R -1 -PD zone; John King, subdivider. Toby Ross, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution granting a 12 -month time extension subject to the original findings and conditions of approval. Dave Romero, Public Works Director, briefly reviewed some of the drainage concerns, particularly as they related to lots 16 and 17. , Mayor Dunin declared the public hearing open. Gary Williams, 555 Lawrence Drive, spoke to concerns he had with drainage coming off of lots 17 and 18 and going directly through his property. He urged Council to do anything that might mitigate or divert the water from that area. Mike Ciocelli, 551 Lawrence Drive, also was concerned with the problems of drainage and urged that the developer deal with the problem prior to continuing the improvements. Bob Ciocelli, 551 Lawrence Drive, stated that in the 52 years that they have owned this property they had not had this kind of flooding as .experienced this year. John Bushnell, 554 Lawrence Drive, stated that he too had been flooded in both the downstairs portion of his home and garage. He was not opposed to the development but wanted the drainage problem rectified. Burt Townsend, 531 Lawrence Drive, agreed that the mud had increased and urged that they alleviate these problems through the second phase of the development. Dan Lloyd, representing the applicant and with Development Engineering Associates, stated that the site will be restored through revegetation which would eliminate the mudding that occurred during this season. Gary Williams stated the applicant had promised to resolve some of these issues and yet nothing had transpired since their discussions. Ted Bowle, 523 Lawrence Drive, stated that as a new homeowner he was not aware of what previous flooding may have existed but was concerned that a severe drainage problem currently existed at his residence. He would hope the Council could find a way to mitigate it. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Dunin /Settle (5 -0), to continue this item to the next available Council meeting in order that staff, applicant and neighborhood might have an opportunity to resolve these issues. 5. CAPITAL IMPROVEMENT BOARD (File #416) Council held a public hearing to consider an ordinance to form a Capital Improvement Board. The formation of the board is the first step in the Asset Transfer Program; a funding mechanism for the Madonna and Higuera Street improvement projects (continued from 3- 24 -86). _ Bobbie Goddard, Finance Director, reviewed the agenda report with the recommendation that Council introduce the ordinance to create the Capital Improvement Board which was the first step in the Asset Transfer Program as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Councilwoman Dovey was concerned that this ordinance was overly broad and questioned if there would be an opportunity to have it more specific. After brief discussion, moved by Settle /Rappa (4 -1, Dovey voting no), Ordinance No. 1059 (1986 Series), introduced to print forming the Capital CITY COUNCIL MINUTES - TUESDAY, APRIL 1, 1986 - 7:00 P.M. PAGE 5 Improvement Board with minor amendments as submitted.by the City Attorney (section renumbering). 8:45 p.m. Mayor Dunin declared a recess. 8:55 p.m. City Council reconvened, all Councilmembers present. 6. JPA - CITY /COUNTY LIBRARY (File #571) Council considered a Joint Powers Agreement between the City and County of I San Luis Obispo for the ownership, management, and maintenance of the proposed City /County Library building. Candace Havens, Assistant Planner, reviewed the agenda report with the recommendation that Council adopt a resolution approving a Joint Powers Agreement and introduce an ordinance to repeal the previous ordinance in conflict. Mayor Dunin asked for public comment. No one spoke for or against. Mayor Dunin closed the public portion. Councilman Griffin suggested a few minor amendments to Section 1, to provide authorization for signature by the Mayor. Moved by Griffin /Settle (5 -0), Resolution No. 5929 (1986 Series), was adopted approving the JPA for the City /County Library as amended. Moved by Griffin /Settle (5 -0), Ordinance No. 1060 (1986 Series), was introduced to print repealing the previous Ord. 570 in conflict as recommended. 7. MADONNA ROAD LANDSCAPE MEDIAN (File #532) Council reviewed and considered tree planting and landscape median design ' for Madonna Road. Wayne Peterson, City Engineer, reviewed the agenda report with the recommendation that Council approve the staff recommendations for landscaping, color and texture for median surface, and tree planting along Madonna Road. Councilman Settle expressed a concern that Italian Cypress be used in the median to provide for less maintenance and to stay away from deciduous trees. Councilwoman Dove y was also concerned about the maintenance aspect. Mayor Dunin suggested amending the type of tile from the 12x12 recommended by staff to a 8 -inch hexagonal tile. After discussion, moved by Rappa /Dovey (5 -0), staff recommendation approved for landscaping and color 8 texture for median surface and tree planting as amended by Council. 8. DEVELOPMENT REVIEW PROCESS (File #431) Council considered the Regulations Assessment Committee progress report on the development review process with recommendation to distribute for comment and approve the "Restatement of Development Review" (continued from 12- 10 -84). Paul Lanspery, Administrative recommendation that Council: Interested parties for review of Development Review" of San Subcommittee (Dunin and Griff Officer, reviewed the agenda report with the 1) receive the report; 2) distribute it to and comment; and 3) approve the "Restatement Luis Obispo as recommended by the Council ln). After brief discussion, moved by Dovey /Griffin (5 -0), staff recommendation approved as submitted. 9. PERFORMING ARTS FEASIBILITY STUDY (File #854) Paul Lanspery, Administrative Officer, reviewed the status of the CITY COUNCIL MINUTES - TUESDAY, APRIL 1, 1986 - 7:00 P.M. PAGE 6 Community Performing Arts Feasibility Study stating that the recommendation was that staff be given additional time between 60 and 90 days for informal community group interaction prior to proceeding with any additional work. Upon Council consensus, to provide 60 -90 day informal review and comment as recommended (5 -0). C O M M U N I C A T I O N S C -1 Mayor Dunin to write a letter to Dan McCarthy of the CMC reaffirming , the information provided at the meeting held on 3 -28 -86 as outlined by the Mayor's memorandum of 4 -1 -86. 10:10 p.m. Mayor Dunin adjourned the meeting to closed session under specific statutory authority of the Brown Act for the purpose of discussing real property acquisitions and /or disposition regarding the following: 1.) property at 148 -182 Higuera owned by the Evans family; 2) property at 110 Higuera owned by Paul &Jacqueline Prather and currently occupied by Budget- Rent -A -Car; 3) adjacent property owned by State Department of Transportation; 4) property at Orcutt & Railroad tracks owned by Mr. Don Stickler; and 5) property owned by City at 642 Emily Street. 11:35 p.m. City Council reconvened in open session. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at11:35 p.m. to Monday, April 7, 1986, at 4:00 p.m. P mela Voges, C y Clerk APPROVED BY COUNCIL: 7 -15 -86 M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, APRIL 7, 1986 - 4:00 P.M. ATTORNEY CONFERENCE ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CLOSED SESSION ROLL CALL Councilmembers Present: Vice -Mayor GlennaDeane Dovey, Councilmembers Robert Griffin, Penny Rappa, Allen K. Settle and Mayor Ron Dunin Absent: None City Staff Present: Paul Lanspery, Administrative Officer; Roger Picquet, City Attorney; Dave Romero, Public Works Director (Litigation 1 portion only) ---------------------------------------------------------------- - - - - -- 1. CLOSED SESSION TO DISCUSS LITIGATION /PERSONNEL MATTERS 4:00 p.m. Mayor Dunin adjourned the meeting to closed session for the purpose of reviewing pending litigation involving Alex Madonna and /or Alex Madonna Construction Company, Inc., and personnel matters relating to the City Administrative Officer and his departmental organization.