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HomeMy WebLinkAbout11/17/1987City Council Minutes Page 2 Tuesday, November 17, 1987 - 7:00 p.m. C O N S E N T A G E N D A Moved by Settle /Rappa (5 -0), to unanimously approve the Consent Agenda as recommended by the City Administrative Officer with exceptions to Items C -3, C -5, and C -10 as noted. C -1 COUNCIL MINUTES Council approved the following minutes as amended: Tuesday, September 29, 19 Thursday, October 8, 1987 Monday, October 12, 1987 Tuesday, October 20, 1987 Monday, October 26, 1987 Monday, November 2, 1987 67 - 7:00 p.m. - 7:00 p.m. - 7:00 p.m. - 7:00 p.m. - 4:00 p.m. - 4:00 p.m. C -2 CONTRACT PAY ESTIMATES Council approved contract pay estimate and change order for the Laguna Hills Park project, City Plan No. L -19Y, and ordered paid as recommended. C -3 AWARD OF BID - PAVING PROJECT (File #87 -25) Award of bid for "Santa Rosa Street from Murray to Highland Median Paving Project," City Plan No. K -02Y; bid estimate $47,800. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council award the bid to Whitaker Construction Company in the amount of $43,737 as recommended. C -4 AWARD OF BID - HISTORICAL MUSEUM By motion, contract awarded to Larry Wysong Construction in the amount of $66,915 for "Historical Museum Repair," City Plan No. L -24X; bid estimate $95,000, without contingencies, as recommended. C -5 WATERLINE EASEMENT CONDEMNATION (File #410 -1376) Council considered a request from Pacifica Corporation to initiate condemnation proceedings to acquire easements for construction of the Bullock Lane waterline for Tract 1376 (Edna -Islay area). Councilwoman Rappa expressed concern that the approval of this project was based upon third party approval. Mike Morris, 1304 Pacific St., representing the third party, Mr. and Mrs. Righetti, the owners of the property, stated that the Righetti's were opposed to selling or having their property condemned in order for this waterline to go through. Keith Gurnee, representing the Pacifica Corporation, was available for questions but stated his client was basically at an impasse given the City's requirements in the Edna -Islay Specific Plan and the property owners who are unwilling to sale or provide an easement. After discussion moved by Rappa /Dunin (4 -1, Griffin voting no) to continue this item to allow the applicant an opportunity to explore the alternatives as suggested in Condition 28 of the original approval. C -6 ABATEMENT OF PUBLIC NUISANCE (File *722) Resolution No. 6353 (1987 Series), was adopted confirming abatement costs ($277.85) of a public nuisance at 663 Church Street (continued from 7- 21 -87) as recommended. Councilwoman Rappa was concerned that the project not take too long. She stated her preference for earth tone brown colors for the median rather than the red brick color that the contract calls for. After brief discussion moved by Dovey /Settle, the bid was awarded to Whitaker Construction Company as recommended. C -4 AWARD OF BID - HISTORICAL MUSEUM By motion, contract awarded to Larry Wysong Construction in the amount of $66,915 for "Historical Museum Repair," City Plan No. L -24X; bid estimate $95,000, without contingencies, as recommended. C -5 WATERLINE EASEMENT CONDEMNATION (File #410 -1376) Council considered a request from Pacifica Corporation to initiate condemnation proceedings to acquire easements for construction of the Bullock Lane waterline for Tract 1376 (Edna -Islay area). Councilwoman Rappa expressed concern that the approval of this project was based upon third party approval. Mike Morris, 1304 Pacific St., representing the third party, Mr. and Mrs. Righetti, the owners of the property, stated that the Righetti's were opposed to selling or having their property condemned in order for this waterline to go through. Keith Gurnee, representing the Pacifica Corporation, was available for questions but stated his client was basically at an impasse given the City's requirements in the Edna -Islay Specific Plan and the property owners who are unwilling to sale or provide an easement. After discussion moved by Rappa /Dunin (4 -1, Griffin voting no) to continue this item to allow the applicant an opportunity to explore the alternatives as suggested in Condition 28 of the original approval. C -6 ABATEMENT OF PUBLIC NUISANCE (File *722) Resolution No. 6353 (1987 Series), was adopted confirming abatement costs ($277.85) of a public nuisance at 663 Church Street (continued from 7- 21 -87) as recommended. City Council Minutes Page 3 Tuesday, November 17, 1987 - 7:00 p.m. C -7 APPOINTED OFFICIALS COMPENSATION (File #622) Resolution Nos. 6354 and 6355 (1987 Series), was adopted adjusting compensation for the City Attorney and City Clerk as recommended. C -8 AREA TRANSIT JPA (File #541) Resolution No. 6356 (1987 Series), was adopted approving an amendment to the South County Area Transit Joint Powers Agreement to add the City of San Luis Obispo as a member for the purpose of starting a regional route between South County and San Luis Obispo as recommended. C -9 PARKING STRUCTURE EQUIPMENT (File #87 -03) Specifications approved for additional equipment for construction of the Palm Street Parking Structure which includes entry /exit gates, ticket dispensers, card readers, intercom system and fee computer and software; bid estimate $90,000. Staff was also authorized to advertise for bids and the CAO authorized to award contract if bids are equal to or lower than the estimated cost. C -10 CONSULTANT SERVICES (File #401) Council considered the approval of an agreement between the City and D.K.S. & Associates of San Jose to conduct circulation and environmental impact studies and prepare revisions to the City's General Plan Circulation Element ($119,180 - continued from 9- 29 -87). After discussion it was moved by Settle /Griffin to continue this item for at least four weeks which would also enable the new Council to become familiar with this project. C -11 SURPLUS PROPERTY (File #168) Resolution No. 6357 (1987 Series), was adopted approving an agreement between the City and Aaron Corob to convey city -owned property at the southeasterly corner of Broad and High Streets and authorizing staff to proceed with escrow as recommended. P R E S E N T A T I O N A. PRESENTATION A presentation was made by Adele Stern and Wendy Brown, on behalf of the League of Women Voters, of a facsimile constitution which was signed by the City Council and other citizens. This will provide the opportunity to participate in the California Bicentennial Foundation for the United States Constitution State -wide Sign -On Project. These constitutions will be assembled and carried on the "People of California" Rose Bowl Parade Float. P U B L I C H E A R I N G S 1. THEATRES IN C -N ZONES (File #463) Council held a public hearing to consider giving final passage to Ordinance No. 1103 (1987 Series), amending the Zoning Regulations text to allow movie theatres in the neighborhood commercial (C -N) zone; Jim Dee, applicant (continued from 10 -20 -87 and 10- 26 -87). Mike Multari, Community Development Director, 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 final passage. Mayor Dunin declared the public hearing closed. City Council Minutes Tuesday, November 17, 1987 - 7:00 p.m. Page 4 Moved by Settle /Dunin (3 -2, Dovey / Rappa voting no). Ordinance No. 1103 (1987 Series) was given final passage allowing movie theatres in the C -N zone as recommended. 2. GAS COMPANY ANNEXATION (GP /R 12611 (File x463) Council held a public hearing to consider a Planning Commission ' recommendation to support annexation of 78 acres (bordered by Broad. Capitolio, Sacramento and Tank Farm) to the City and amend the land use element map and zoning map to change the designation to retail - commercial (C -R), neighborhood - commercial (C =N), service - commercial (C -S), and manufacturing (M) at 3800 Broad Street; Southern California Gas Company, applicant (continued from 10- 20 -87). Mike Multari, Community Development Director, stated that it was staff's recommendation that this item be continued for 90 days to allow for further Council study. Moved by Dunin /Griffin (5 -0), to continue the item for 90 days as recommended. 3. SIDEWALKS /PARKING REMOVAL (File x533) A. Public hearing to consider confirming sidewalk costs ($22.600) to persons owning property on or near South Street. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt the resolution confirming the costs as amended by 5:00 p.m. this evening. Mayor Dunin declared the public hearing open. No one spoke for or against the resolution. Mayor Dunin declared the public hearing closed. ' Moved by Settle /Griffin (4 -1, Rappa voting no), to adopt Resolution No. 6358 (1987 Series), confirming sidewalk costs as amended. B. Consideration of an objection by 27 residents to the removal of parking on both sides of South Street as part of implementation of the Circulation Element. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that by motion Council confirm the city policy which would prohibit parking on South Street. Mayor Dunin declared the public hearing open. Peg Pinard stated that she had received several phone calls from neighbors who were concerned about the removal of parking on South Street. She encouraged the Council to consider ways to provide sufficient parking. especially in the Meadow Park area. Charles Long, 145 South Street, was opposed to the removal of parking on South Street. He felt that it would be detrimental for businesses in that area. Debra True, living on Gail St., was opposed to the removal of parking. Dean Smart, 138 South Street, opposed to the removal of parking. Gladys True, 555 South Street, opposed to the removal of parking. Jim Kenny, also opposed to the removal of parking. Lance (last name unknown), 542 South Street, opposed. Louise Jackson, 649 Branch Street, opposed. Mayor Dunin declared the public hearing closed. Councilman Settle stated he was willing to retain parking on the North side of the street. City Council Minutes Page 5 Tuesday, November 17, 1987 - 7:00 p.m. After brief Council discussion, City Attorney Roger Picquet stated that if the Council was supportive of retaining parking, staff be directed to explore necessary modifications to the bike plan consistent with allowing curb side parking. After discussion moved by Settle / Dunin (3 -2, Griffin /Rappa voting no), to support Option 2 in the staff report with modification to include a turn pocket at Exposition Street and precluding parking between Beebee and Higuera Streets. 4. SUBDIVISION EXTENSION (File #410 -1310) Council held a public hearing to consider approving a one -year time extension to file the final map for Tract 1310, creating nine residential air -space condominium units on 1.29 acres at 3100 Johnson avenue; R -1 zone; Jim Dummit, subdivider. Hike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution approving the one -year time extension as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed extension. Mayor Dunin declared the public hearing closed. Moved by Rappa /Griffin (5 -0), Resolution No. 6359 (1987 Series), was adopted approving the time extension as recommended. At 9:00 p.m., Mayor Dunin declared a recess. At 9:15 p.m, City Council reconvened, all Councilmembers present. 5. APPEAL - BROAD STREET (GP /R 1323) (File #463) Council held a public hearing to consider an appeal by Karl F. Kundert of a decision by the Planning Commission to deny request to amend the Land Use Element map and zoning map to change the designation from office (o) to neighborhood - commercial (C -N) at 2231 Broad Street (Discount Flower Market): Karl F. Kundert, appellant (continued from 10- 20 -87). Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution denying the application and the appeal. The denial would be based on the same finding made by the Planning Commission which would be consistent with the General Plan policy favoring a more efficient use of existing C -N centers over expansion of C -N zoned areas. Mayor Dunin declared the public hearing open. Tom Priest, representing the applicant, spoke in support of Mrs. Smith. the leasee of the property. Mayor Dunin declared the public hearing closed. Mayor Dunin was concerned that if approval was granted for the rezoning, he would encourage the appellant to have the area cleaned up. After discussion it was moved by Davey /Rappa (2 -3, Griffin /Settle / Dunin voting no), to adopt the resolution which would deny the application and the appeal as recommended. Motion failed. It was then moved by Councilman Settle to continue this use until the General Plan update was completed. Motion failed for lack of a second. Councilman Settle stated he would be willing to refer this to the Planning Commission to be considered for C -N zoning. After additional discussion it was moved by Griffin /Rappa (3 -2, Settle/ Dunin voting no) to adopt Resolution No. 6360 (1987 Series), to deny the application and the appeal as originally recommended. City Council Minutes Page 6 Tuesday, November 17, 1987 - 7:00 p.m. P U B L I C C O M M E N T P E R I O D Bill Coghlan, 4025 Orcutt Rd., gave a public apology with regard to the !slay Hill Christmas Tree Exhibit that was being carved out of the hillside. He stated they would'be willing to do whatever necessary in order to regrow the vegetation and return the hillside back to its original condition. 6. APPEAL - SITE PLAN (HIGUERA) (File #407) Council continued a public hearing to consider an appeal by the Planning Commission of a decision made by the Architectural Review Commission to approve a site plan for commercial buildings located at 110 -158 Higuera _ Street; Paul Prather, appellant. Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council grant the appeal and approve a modified access plan as recommended by the majority of the members of the Architectural Review Commission and Planning Commission subcommittees. Mayor Dunin declared the public hearing open. Steve Pultz, the architect for the project, spoke in support project. Paul Prather, 437 Fox Court, Santa Maria, also spoke in support. 10:30 p.m., Mayor Dunin adjourned the meeting to closed session to discuss possible acquisition and /or litigation on the subject property. 11:10 p.m., City Council reconvened, all Councilmembers present. Moved by Dovey /Settle (3 -2, Griffin /Rappa voting no) to grant the appeal and approve a modified access plan with amendment to Exhibit A as reviewed this evening and as recommended by the majority of the members of the ARC and Planning Commisssion subcommittees. 7. APPEAL - USE PERMIT (file # 410/937) Appellant, Paul A. Douglass, withdrew his appeal of a Planning Commission decision to deny request to modify use permit to delete condition limiting structures to single -story structures on lot 2 of Tract 937; 3300 Johnson Avenue. 8. ZONING REGULATIONS AMENDMENTS (CR 1307) (File #463) Due to the lateness of the hour, Council continued: A. Public hearing to consider giving final passage to Ordinance No. 1102, amending various sections of the zoning regulations (continued from 10- 20 -87). B. Consideration of an ordinance amending the zoning regulations sections #6 (density calculations in multi - family residential zones); #12 (satellite dish antenna); #17 (general plan amendment regulations); City of San Luis Obispo, applicant (continued from 10- 20 -87). 9. BUILDING CODE AMENDMENTS (File #402) Due to the lateness of the hour, Council continued the public hearing to consider an ordinance adopting the 1985 editions of the Uniform Construction Codes and making editorial and minor amendments. B U S I N E S S I T E M 10. PUBLIC ART - RAILROAD SQUARE (File x477) Council considered approving interim guidelines for a public art project at Railroad Square as recommended by the Planning Commission, Architectural Review Commission and Promotional Coordinating Committee. City Council Minutes Page 7 Tuesday, November 17, 1987 - 7:00 p.m. Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution which: 1) designates a location for public art in Railroad Square; 2) authorizes the Arts Council to proceed with project planning and artist selection; and 3) approves interim guidines for public art in Railroad Square. Mayor Dunin asked for public comment. Donna Duerk, spoke in support. Mayor Dunin closed the public portion. Moved by Dovey /Settle (3 -2, Dovey /Griffin voting no), to adopt Resolution No. 6362, (1987 Series) adopting a designated location for public art in Railroad Square as recommended. 11:25 p.m., City Council adjourned to closed session to discuss the following: 1. Pending litigation - City v. Alpha Sigma Society; San Luis Obispo County Superior Court Civil Action No. 62487: 2. Action by Pacifica Corporation re: Christmas tree design cut into Islay Hill. 12:05 a.m., City Council convened in open session. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Thursday. December 1, 1987, at 7 p.m.V Pam oges, City T rk APPROVED BY COUNCIL: 1 -5 -88 lb -------------------------------------------------------------------------- M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 1, 1987, 7:00 P.M. COUNCIL CHAMBER, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: GlennaDeane Dovey, Penny Rappa, Allen K. Settle and Mayor Ron Dunin Absent: Vice -Mayor Robert E. Griffin City Staff Present: John Dunn, City Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk; Michael Multari. Community Development Director; Dave Romero, Public Works Director; Toby Ross, Assistant Administrative Officer; Steve Henderson, Assistant to CAD; Mike Dolder, Fire Chief; Jim Gardiner, Police Chief; Tom Bausch, Engineering Technician