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HomeMy WebLinkAbout10/04/1988258 City Council Minutes Page 2 Tuesday, October 4, 1988--- -7:00 P.K. C O N S E N T A G E N D A Moved by Settle /Rappa (5 -0), to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C -4 as noted. C -1 COUNCIL MINUTES The following minutes were approved as amended (5 -0): Tuesday, September 6, 1988 - 7:00 p.m. Monday, September 12, 1988 - 12:00 p.m. Tuesday, September 13, 1988 - 7:00 p.m. Monday, September 19, 1988 - 12:00 p.m. C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved and ordered paid as recommended (5 -0). C -3 GIFT OF REAL PROPERTY (File #168) Resolution No. 6512 (1988 Series), adopted accepting a gift of real property on 464 -466 Dana Street (Adobe) from Mary Gail Black and necessary funds appropriated to accomplish maintenance responsibilities indicated in Grant Deed (5 -0). C -4 AWARD OF BID - TRAFFIC SIGNAL INSTALLATION (File #88 -11) Council consideration of awarding bid for "Downtown Signal Upgrade, Phase 2," City Plan No. G -07E; bid estimate $270,000 without contingencies to Lee Wilson Electric of Arroyo Grande in the amount of $264.558. After brief discussion, it was moved by Rappa /Settle (5 -0), to continue this to the next regular available meeting for report back by staff. C -5 ADVISORY BODY HANDBOOK (File #121) Resolution No. 6506 (1988 Series), adopted approving amendments of the Advisory Body Handbook (continued from 9/13/88) as recommended (5 -0). C -6 ELECTION EXPENSES (File #320) Special Municipal Election Expenses of 6/7/88 accepted and ordered filed (5 -0). 1 259 City Council.- Minutes..- Page 3 Tuesday, October 4, 1988 - 7:00 P.M. 1 C -7 SPECIFIED FIRE PERSONNEL M.O.U. (File #700) Resolution No. 6507 (1988 Series), adopted approving a Memorandum of Understanding with the Fire Battalion Chiefs for fiscal years 7/1/88 to 6/30/93 as recommended (5 -0). C -8 B.I.A. BYLAWS (File #470) Resolution No. 6508 (1988 Series), adopted approving revisions to the Business Improvement Association Bylaws concerning absences of Board members as recommended (5 -0). C -9 SUBDIVISION IMPROVEMENTS TRACT 1210 (File #410 -1210) Resolution No. 6509 (1988 Series), adopted accepting subdivision public improvements for Tract 1210, Margarita Villas (104 Lot Condominium), 251 Margarita Street; BDC Development Corporation, subdivider, as recommended (5 -0). C -10 TELEMETRY SYSTEM (File #511) Specifications for Radio Telemetry System (City -wide telemetry communications link) approved and staff authorized to advertise for bids as recommended (5 -0). C -11 AWARD OF BID - PARKING LOT MAINTENANCE (File #88 -09) resolution No. 6512 (1988 Series), adopted awarding bid to R. Burke Corporation for "Parking Lot Surface Maintenance Project," City Plan No. M -61D; bid estimates $60,000, without contingencies, as recommended (5 -0). C -12 FREMONT THEATRE GRANT APPLICATION (File #418) Resolution No. 6514 (1988 Series), adopted authorizing grant application for acquisition and historical preservation of the Fremont Theatre and $5,000.to fund the application as recommended (5 -0). A D V I S O R Y B O D Y A P P O I N T M E N T A. ARCHITECTURAL REVIEW COMMISSION (File #125) A report by Council Subcommittee (Pinard /Dunin) of a recommendation for appointment to the Architectural Review Commission to fill an unexpired term ending 3/31/89. Upon general consensus, this item continued to Tuesday, 10/11/88 at 4:00 p.m. IPUBLIC HEARINGS 1. SIDEWALK REPAIRS (File #533) Council held a public hearing to confirm costs for sidewalk repairs in various areas of the City pursuant under the 1911 Act. 260 City Council :Minutes Page 4 Tuesday, October 4. 1988 - 7:00 P.M. Dave Romero. Public Works Director, briefly reviewed the agenda report with the recommendation that Council adopt the resolution confirming costs as amended to the exhibit for those property owners who had previously paid. Mayor Dunin declared the public hearing open. No one spoke for or against the repair costs. Mayor Dunin declared the public hearing closed. Moved by Pinard /Rappa (5 -0), Resolution No. 6510 (1988 Series), was adopted confirming costs as recommended. 2. APPEAL - ARCHITECTURAL REVIEW (File #407) Council held a public hearing to consider an appeal by Douglas Michie of a decision by the Architectural Review Commission to deny addition of a 3 -unit apartment at 1275 Murray Street: R -3 zone. Mike Multari, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt the resolution denying the appeal as recommended. Mayor Dunin declared the public hearing open. Douglas Michie, applicant, 2865 Ocean Ave., Cayucos, spoke in support of his appeal and submitted pictures of the site and exhibits of the proposed addition. Mayor Dunin declared the public hearing closed. Moved by Rappa / Pinard adopted upholding the denying the appeal as 3. EMERGENCY SHELTER Council held a public Regulations to add em from 9/20/88). (5 -0). Resolution No. 6511 (1988 Series), was decision of the Architectural Review Commission recommended. ZONING - CR 1383 (File 1046) hearing to consider an ordinance amending the Zoning urgency shelters for the homeless as a use (continued Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council introduce an ordinance to print in summary form which would approve a negative declaration of environmental impact and amend the zoning regulations to allow homeless shelters in certain zones subject to approval of the use permit. Mayor Dunin opened the Public Hearing. David Richard Putty urged City support of the homeless. 261 City Council Minutes Page 5 Tuesday, October 4, 1988 - 7:00 P.M. Beverly Stewart, Director of Peoples Shelter, spoke in support of the proposed ordinance. Patrick Gerety, 793 Buchon St., urged support of the Planning Commission's recommendation to allow a use such as the Peoples Shelter in all zones. Father Mike Chiconado urged support of the Planning Commission's recommendations. John Fillaboron, Director of Roandoak, stated he was available to help in any way. Reverend Paul Fauske from Mt. Carmel Lutheran Church, 3220 Flora St., urged support of the Planning Commission's recommendations. Wes Armstrong, a dentist, spoke in support of the zoning amendment. Erwin Thompson urged support of the ordinance amendment. Marilyn Appozo, a volunteer from the shelter spoke in support. Mr. Blank. Member of the Nativity Church, spoke in support. 1 Jim Jimaluci, Mission Nativity, spoke in support. Betty Nielsen, 200 Ranchito Lane, spoke in support. Mr. Burkett, 1304 Oceanaire Dr., urged against the proposal. Lisa Cabel, 1263 Pismo, spoke in opposition. Don Brown, Anderson Hotel, spoke in support. Mr. Ocran, 237 Del Mar Court, spoke in support of the homeless. James Landreth, 613 Jeffrey Dr., urged support of the Planning Commission's recommendation. Ken Schwartz, 201 Buena Vista, spoke in support of the coalition but was opposed to the zoning regulations amendment that would allow them in all zones. Delbert Crystal, 1163 Pismo St., spoke in opposition to the proposed amendment. Victor Barbosa, 234 Ferrini, spoke in opposition. At 9:20 p.m., Mayor Dunin declared a recess. 9:30 p.m.. City Council reconvened, all Councilmembers present. 1 Councilwoman Rappa spoke in support of the Planning Commission's recommendations. Councilman Reiss stated that he could support it but wished to exempt the R -1 and R -2 zones. A 262 City Council Minutes Tuesday, October 4, 1988 - 7:00 P.H. Page 6 Councilman Settle suggested that this item be continued to the 11 /1 Council meeting. He was reluctant to allow the zoning amendment to include R -1 and R -2. After discussion. moved by Settle /Pinard (4 -1, Rappa voting no), to continue this item with a request that staff recommend general guidelines specifically relating to density and traffic impacts and include mangement guidelines bringing back a revised zoning ordinance which would exclude the C -O -S, R -1, and R -2 zones. 4. DOGS ON RESTRICTED PUBLIC PLACES (File #760) Council considered giving final passage to Ordinance No. 1121 to prohibit dogs during Thursday Night activities in the downtown area and to allow dogs at special events by permit only (continued from 9/20/88). Roger Picauet, City Attorney, briefly reviewed the agenda report with the recommendation that Council give final passage to the ordinance as recommended. Mayor Dunin declared the Public Hearing open. Pete Evans, 2040 Rachel St., spoke in opposition to the proposed ordinance. Patricia Bower asked Council to reconsider its decision and urged against final adoption. Mrs. Barbosa spoke in support of the ordinance. Vicki Norms, 570 Pismo St., a volunteer working with the Business Improvement Association, spoke in support of the ordinance. Julia Foster, 142 N. Tassajara, Thursday night B.I.A. coordinator, spoke in support of the ordinance. Victor Barbosa urged support of the ordinance. Mayor Dunin declared the public hearing closed. Moved by Rappa /Pinard (4 -1, Settle voting no), to give final passage to Ordinance No. 1121 (1988 Series), as recommended. 5. HOMELESS (File *1046) Consideration of a policy direction to staff to pursue homeless programs including a shelter on the County's Prado Road and Higuera Street site. Toby Ross, assistant City Administrative Officer, briefly reviewed the agenda report with the recommendation to direct staff to work with the County to prepare a program for a homeless shelter on the County's Prado Road site to be presented first to the County Board of Supervisors and then to the City Council. J 1 263 City Council Minutes Page 7 ' Tuesday, October 4, 1988 - 7:00 P.M. Mayor Dunin asked for public comment. No one spoke for or against. Moved by Settle /Dunin (5 -0), to direct staff to work with the County to act as the lead agency to prepare a program for a homeless shelter on the County's Prado Road site to be presented first to the County Board of Supervisors and then to the City Council. Councilwoman Rappa stressed the need that all cities be involved in the program. Councilman Reiss stressed the fact that he was not committed to any level of funding at this time. 6. SIGN REGULATIONS (File #424) Consideration of an update on the sign amortization program and review of sign regulations. Mike Multari, Community Development Director, briefly reviewed the agenda report with the recommendation that Council provide direction to staff as to whether it wished to retain or amend the existing sign regulations and if so, to give specific direction so they might bring back a revised ordinance. He also submitted a one -page amendment suggested by Councilwoman Pinard and reviewed how those could be incorporated into the ordinance. After discussion, moved by voting no), to direct staf amendments to the existing "A nonconforming sign that while not disrupting views Motion failed. Pinard /Settle (2 -3, Rappa, Reiss and Dunin C to prepare an ordinance which would include ordinance with an additional requirement that acts as a neighborhood landmark or focal point of prominent community landscape features." Moved by Mayor Dunin to direct staff to prepare an ordinance amendment that would include items 4,5. and 6 of the suggested amendments as outlined by Mike Multari which would: 1) provide that existing signs be allowed if they were designated on historical resource property; 2) the conforming sign identifying a unique local business such as land use or the architecture of the building as unique could remain; and 3) a nonconforming sign that acts as a neighborhood landmark or focal point also be allowed. Motion failed for lack of a second. It was then moved by Settle / Pinard (3 -2, Rappa and Reiss voting no), to direct staff to amend the sign regulation ordinance with the addition of No. 6 as previously moved. Motion carried. 7. GROUNDWATER WELLS (File #511) A. Council considered plans and specifications for construction and installation of three ground water wells, City Plan No. M -32L, bid estimate $75,875 not including engineering and contingency fees. I City Council Minutes Page 8 Tuesday, October 4, 1988 - 7:00 P.M. B. Consideration of a contract for Technical Services for Groundwater Study Phase III. Bill Hetland, Utilities Director, briefly reviewed the agenda report with the recommendation that Council receive the Phase III report and authorize John Wallace and Associates to complete Phase IV and Phase V of the study for a cost of $7.100. After brief discussion, moved by Settle /Reiss (5 -0), plans and specifications were approved and staff authorized to advertise for bids for the groundwater well as recommended. Moved by Settle /Reiss (5 -d, Rappa and Reiss voting no), to receive Phase III report and authorize John Wallace and Associates to complete Phase IV and Phase V of the study as recommended. 8. WATER CONSERVING LANDSCAPE GUIDELINES (File #517) Consideration of standards for water - conserving landscaping in new projects. Due to the lateness of the hour, this item continued to date uncertain (5 -0). 9. REGIONAL WATER QUALITY CONTROL BOARD (File #520) Consideration of City options for meeting Regional Water Quality control Board wastewater discharge requirements. Due to the lateness of the hour, this item continued to Tuesday, 10/11/88 at 4:00 p.m. (5 -0). 10. ANIMAL -DRAWN VEHICLES (File #761) Consideration of an ordinance to amend the San Luis Obispo Municipal Code and to prohibit animal drawn and other non -motor drawn vehicles in the central business district except by permit. Due to the lateness of the hour, this item was continued to the next regular meeting (5 -0). 11. LEAGUE RESOLUTIONS (File #360) Consideration of the League of California Cities Annual Conference Resolutions for meeting to be held October 16 -19, 1988, in San Diego. Council was requested to suggest any amendments to the City's representative. Councilman Settle. PUBLIC COMMENT I C -1 Staff directed to report back on land use issue concerning ARC decision 87- 187MIC (Bonnie Garritano, 1950 San Luis Drive). 265 City Council Minutes Page 9 Tuesday, October 4, 1988 - 7:00 P.M. Staff directed to report back regarding concern of Alan Massicottz, 2144 Price St., regarding undesired tree trimming in his yard. A. 11:05 p.m., City Council adjourned to closed session to discuss Litigation and Personnel matters. B. At 12:05 a.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday. October 11, 1988. at 4:00 p.m. Pam Voges, City C APPROVED-BY COUNCIL: 11 -1 -88 lb M I N U T E S ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 11. 1988 - 4:00 P.M. 1 COUNCIL HEARING ROOM. CITY HALL. 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Peg Pinard (Arrived at 4:15 p.m.), Vice -Mayor Penny Rappa, Jerry Reiss, Allen K. Settle and Mayor Ron Dunin Absent: None 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; Mike Dolder, Fire Chief; Jim Gardiner, Police Chief; Bill Hetland, Utilities Director; Bill Statler, Finance Director: Barry Daffern, Public Works Supervisor 4:00 p.m., Mayor Dunin adjourned the meeting to closed session to discuss Personnel and litigation matters. At 4:20 p.m., City Council reconvened. all Councilmembers present.