HomeMy WebLinkAbout06/02/1986CITY COUNCIL MINUTES - MONDAY, JUNE 2, 1986 - 7:00 P.M. PAGE 2
C 0 N S E N T. A G E N D A
Moved by Settle/Rapp a (4 -0 -1, Dovey absent) to approve the consent agenda
as recommended by the City.Administrative Officer; with the exception of
#C -10 as indicated. The following actions taken as shown:
C -1 COUNCIL MINUTES
Minutes of Monday, March 10, 1986 - 12:10 p.m. approved as amended (4 -0 -1,
Dovey absent).
C -2 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders approved and ordered paid as
recommended (4 -0 -1, Dovey absent).
C -3 CLAIM AGAINST THE CITY - BRITISH SPORTS CAR REPAIR (File #189)
Claim against the City by British Sports Car Repair (undetermined amount)
for indemnification and in support of claim filed by Zilpha Olson for
injuries sustained allegedly caused by improperly maintained sidewalk in
the 600 block of Marsh Street was denied as recommended (4 -0 -1. Dovey
absent).
C -4 PLANS AND SPECIFICATIONS - CORP. YARD AIR CONDITIONS (File #86 -11)
Plans and specifications approved as recommended for "Modification of the
Operations Center Air Conditioning System at the Corporation Yard," City
Plan No. K15X; bid estimate $25,000, without contingencies (4 -0 -1, Dovey
absent).
C -5 FINAL SUBDIVISION APPROVAL - TRACT 1232 (File #410 -1232)
Resolution No. 5973 (1986 Series), was adopted approving final map for
Tract 1232, creating a 13 -unit residential condominium complex at 1490
Descanso Road; R -1 zone; Laguna Hill Park, subdivider, as recommended
(4 -0 -1, Dovey absent).
C -6 FINAL SUBDIVISION APPROVAL - TRACT 1269 (File #410 -1269)
Resolution No. 5974 (1986 Series), was adopted approving the final map for
Tract 1269, creating 7 industrial lots at 3700 South Higuera Street; C -S -S
zone; Kiely & Beechum, subdividers, as recommended (4 -0 -1, Dovey absent).
C -7 MOZART FESTIVAL (File #552)
Staff was directed to provide barricading of Lot 9 located at the
intersection of Broad & Monterey Streets for the evenings of August 8
and 9 1986 as recommended (4 -0 -1, Dovey absent).
C -8 HIGUERA STREET WIDENING (File #537)
Resolution No. 5975 (1986 Series), was adopted approving the negative
declaration of environmental impact for the Higuera Street widening
project based upon the initial expanded study as recommended (4 -0 -1, Dovey
absent).
Councilwoman Rapp a requested that in the future initial expanded studies
for environmental impact reports be placed as either business or public
hearing items, rather than consent.
i
C -9 JPA - SLO AREA COORDINATING COUNCIL (File #1151)
Resolution No. 5976 (1986 Series), was adopted ratifying the annual
1986 -87 Joint Powers Agreement with the SLO Area Coordinating Council
which acts as a regional transportation agency as recommended (4 -0 -1,
Dovey absent).
CITY COUNCIL MINUTES - MONDAY, JUNE 2, 1986 - 7:00 P.M. PAGE 3
C -10 CONSULTANT SERVICES - WATER (File #517)
Moved by Settle /Griffin (3 -1 -1, Dunin voting no; Dovey absent), Resolution
No. 5977 (1986 Series), was adopted authorizing the City Administrative
Officer to negotiate and execute contract for development of a water
resource alternative as recommended (4 -0 -1, Dovey absent).
C -11 TRANSIT AGREEMENT (File #153)
Resolution No. 5978 (1986 Series), was adopted approving amendment #1 to
agreement No. 64D413 extending the UMTA Section 18 grant agreement with
Cal Trans for the purchase of three transit coaches through December 31,
1986, as recommended.(4 -0 -1, Dovey absent).
C -12 TRANSIT OPERATIONS (Pile #541)
Resolution No. 5979 (1986 Series), was adopted exercising option to extend
the term of contract with Cal Coast Charter for vehicle operations on San
Luis Obispo Municipal Transit through June 30, 1992, as recommended
(4 -0 -1, Dovey absent).
C -13 REPORT ON BIDS - SEWERLINE IMPROVEMENT PROJECTS (File #86 -06)
Resolution No. 5980 (1986 Series), was adopted rejecting bids for
"Sewerline Improvement Project, Southern Pacific Railroad from Santa Rosa
to Henry Street and at Johnson Playground from Augusta to Southwood," City
Plan No. G -18; bid estimate $55,000, without contingencies; staff
authorized to readvertise for bids and CAO authorized to award contract if
selected bid is less than or equal to the approved cost estimate as
recommended (4 -0 -1, Dovey absent).
P U B L I C H B A R I N G S
1. HIGUERA COMMERCE PARR (GP /R /SP.1237) (File #463)
Continued public hearing to consider amending the land use element map and
zoning map to change the designations from service - commercial- specific
plan (C -S -SP) to public facility specific plan with special consideration
(PF -SP -S) at 3433 South Higuera Street to allow County Social Services
office complex; and amend the Higuera Commerce Park Specific Plan text and
map to allow government office use; San Luis Obispo County, applicant
(continued from 5- 6 -86).
Toby Ross, Community Development Director, stated that a letter had been
received from Duane Lieb, the General Services Director of the County of
San Luis Obispo, requesting a 90 -day continuance.
Moved by.Griffin /Settle (4 -0 -1. Dovey absent), item continued for 90 days
(no date certain).
2. APPEAL - CARWASH /MARKET (U1258) (File #407)
Public hearing to consider an appeal by Laverne Schneider of a decision by
the Planning Commission to grant approval of Use Permit U1258 allowing a
self- service carwash and convenience market at existing Texaco service
station on Los Osos Valley Road near Highway 101; C -T zone.
Toby Ross, Community Development Director, requested that this item be
continued to date certain June 17, 1986.
Moved by Rappa /Griffin (4 -0 -1, Dovey absent), item was continued to date
certain June 17, 1986, as requested.
3. APPEAL - RESIDENTIAL CARE FACILITY (111259) (File $407)
Council held a public hearing to consider an appeal by Pat Beninger of a
decision by the Planning Commission to allow a state licensed residential
care facility for 12 adult mental health clients at 649 Pismo Street; R -3
zone; San Luis Obispo Transitions, Inc., applicant.
Toby Ross, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution which would deny the
appeal and uphold the conditional approval of the use permit by the
Planning Commission.
CITY COUNCIL MINUTES - MONDAY, JUNE 2, 1986 - 7:00 P.M. PAGE 4
Mayor Dunin declared the public hearing open.
Pat Beninger, appellant, 657 Pismo Street, requested denial of the use
permit.
Mike Beninger, 657 Pismo Street, also spoke in opposition to allowing the
use permit.
Mery Dixon, 1168 Atascadero Street and a nearby property owner, spoke in
support. ,
Ron McMaster, applicant and Director of Transitions, read a prepared
statement into the record outlining reasons to allow the use permit.
Ann Hiteshew, 1527 Galleon Way, spoke in support of the use permit.
Marianne Lefebvre, 230 Hathway, spoke to the importance that Transitions
provides for the community.
Edna Anderson, 639 Pismo Street, felt that their neighborhood was not
appropriate for such a use and urged denial.
Bill Davies, 5015 Jesperson Road, Atascadero, spoke in support of the
request by Transitions.
Leo Pinard, 714 Buchon Street, spoke against the use permit; felt that
this was a land use issue, not the issue of the use itself and therefore,
urged denial.
Phillip Peterson, 1428 Nipomo Street, spoke in opposition to the use
permit request.
Peg Pinar d, 714 Buchon Street, expressed concerns of the way the staff had
presented it to the Planning Commission; felt this was a land use issue,
and that 12 persons were too many for a 2500 sq. ft. house. She did not
feel this was in character with the neighborhood.
Elizabeth Peterson, 1428 Nipomo Street, spoke in opposition to the use
permit.
Violet Anderson, 1438 Nipomo Street, also felt this was an inappropriate
site for a residential care facility.
Judy Phillips, 676 Pismo Street, urged support of Transition's request.
Alex Goff, 964 Chorro Street, spoke in support of the proposed use which
he felt was compatible.
Mayor Dunin declared the public hearing closed.
Staff responded to some of the comments made by the public.
Councilwoman Rappa felt that the proposed location was not compatible with
the surrounding houses and could, therefore, not support the findings
needed to approve the use permit. She also felt the size of the house was
too small for the number of individuals that would live there.
Councilman Settle also felt this was a land use issue and not a reflection
of the Transitions organization. He did not feel that the house could I
adequately support 12 persons. He questioned if this entire neighborhood
might be better off as an R -1 rather than R -3 area.
Councilman Griffin stated he could support the Planning Commission
recommendation but would like to tighten up some of the conditions. He
suggested at least a trial period be given for this use.
After brief discussion moved by Settle / Rappa (3 -1 -1, Griffin voting no;
Dovey absent) Resolution No. 5981 (1986 Series), was adopted upholding the
appeal and denying Use Permit No. 1259 for 12 adult mental health clients
at 649 Pismo Street with minor amendments as proposed by staff.
Moved by Rappa /Griffin (4 -0 -1, Dovey absent), to initiate a portion of the
Pismo block to be rezoned from R -3 to R -2.
CITY COUNCIL MINUTES - MONDAY, JUNE 2, 1986 - 7:00 P.M. PAGE 5
Moved by Rappa / Dunin (4 -0 -1, Davey absent), to direct staff to explore the
possibility of establishing ways of encouraging or establishing a reason-
able number for persons living in residential zones.
8:50 p.m. Mayor Dunin declared a recess. 9:00 p.m. City Council
reconvened, all Councilmembers present.
P U B L I C C 0 M M E N T P E R I O D
' LaVerne Schneider stated that she was concerned about the number of homes
that were being removed for office use and would like the Council to
consider the R -0 zone again for older lots.
This item was referred to staff for disposition.
P U B L I C REAR I NGS (CONT.)
4. ELECTION CAMPAIGN REGULATIONS (File #326)
Council held a public hearing to consider giving final passage to
Ordinance No. 1067, revising the Election Campaign Regulations (continued
from 5 -6 -86 and 5- 12 -86).
Pam Voges, City Clerk, reviewed the agenda report with the recommendation
that Council give final passage to the ordinance 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.
Moved by Settle/Rapp a (4 -0 -1, Davey absent), Ordinance No. 1067 was given
final passage amending the Campaign Regulations and repealing Ord. 903 in
conflict as recommended.
5. ALCOHOL IN PUBLIC PLACES (File #702)
Council held a public hearing to consider an ordinance amending the
regulations governing alcohol to include a prohibition against possession
of open containers in public places.
Don Enmlert, Police Chief, reviewed the agenda report with the recommen-
dation that Council introduce the ordinance to print amending the regula-
tions governing alcohol to include a prohibition against possession of
open containers in public places.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed ordinance. Mayor Dunin declared the public hearing closed.
Moved by Griffin /Settle (4 -0 -1, Davey absent), Ordinance No. 1070 (1986
Series), was introduced to print amending the regulations governing
alcohol as recommended.
C O M M U N I C A T I O N S
C -1 Councilman Griffin was appointed to the San Luis County
Socio- Economic Mitigation Program Advisory Committee (4 -0 -1, Davey
absent).
C -2 Councilwoman Rappa and Mayor Dunin encouraged Councilmembers to
submit any thoughts or suggestions for their meeting in Sacramento
regarding discussions on CMC, State Water, State tourism and meeting with
Assemblyman Eric Seastrand.
9:25 p.m. Mayor Dunin adjourned the meeting to Closed Session to discuss
pending litigation in accordance with Government Code Sec. 54956.9 and
personnel matters in accordance with Government Code Sec. 54957.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 10:20 p.-m. to Tuesday, June 10, 1986, at
7:00 p.m.
Pa la Voges, Ci Cleri;
APPROVED BY COUNCIL: 9 -16 -86