HomeMy WebLinkAbout11/15/1988:$
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 15, 1988 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Peg Pinard, 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; Bill Statler, Finance Director; Cliff Chelquist,
Police Dept. Captain
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CONSENT CALENDAR
Moved by Settle /Pinard (5 -0), to approve the Consent Agenda as recommended
by the City Administrative Officer with the exceptions of C -3, C -5 and
C -11 as noted.
C -1 COUNCIL MINUTES
Council approved the minutes of Tuesday, October 11, 1988, as amended
(5 -0).
C -2 CAPITAL IMPROVEMENT BOARD (File #210)
Resolution Nos. 6528 and 6529 (1988 Series), adopted by the C.I.B.
approving the proposed sale of $5,000,000 worth of Certificates of
Participation to fund water projects as recommended (5 -0).
C -3 ENVIRONMENTAL CONSULTANT SERVICES (File #481)
Moved by Rappa /Pinard (5 -0), Resolution No. 6530 (1988 Series), adopted
authorizing staff to negotiate a contract with E.I.P. Associates not to
exceed $59,495 as recommended (to come back to Council for final
approval).
Councilman Settle requested that the request for proposals or scope of
services be sent to Council for their information.
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City Council Minutes Page 2
Tuesday, November 15, 1988 - 7:00 P.M.
C -4 AWARD OF BID - TELEMETRY SYSTEM (File #511)
Resolution No. 6531 (1988 Series), adopted awarding bid to Motorola C & E
Inc. for a Radio Telemetry Stystem and installation of system in the
amount of $64,347.26 as recommended (5 -0).
C -5 ANIMAL -DRAWN VEHICLES (File #761)
Moved by Rappa /Settle (5 -0), Ordinance No. 1123 (1988 Series), given final
passage amending the Municipal Code to prohibit animal -drawn and other
non -motor drawn vehicles in the central business district except by permit
(continued from 10/4/88 and 11/1/88).
Councilman Settle expressed concern that ordinances be placed at a hearing
at either the first or second reading.
C -6 HISTORICAL REHABILITATION LOAN PROGRAM (File #457)
Resolution No. 6532 (1988 Series), adopted authorizing the Cultural
Heritage Committee to provide financial support for the rehabilitation of
four historical residential properties in San Luis Obispo (5 -0).
C -7 SURPLUS EQUIPMENT (File #165)
By.motion, Council declared firefighter protective clothing surplus and
authorized its donation to the Templeton Volunteer Fire Department as
recommended (5 -0).
C -8 HISTORICAL PRESERVATION GRANT (File #454)
Resolution Nos. 6534 through 6537 (1988 Series), adopted authorizing the
Community Development Department to submit grant applications for the
rehabilitation of Rodriguez Adobe, Southern Pacific Water Tower and County
Museum and for the acquisition of the Fremont Theatre by the State Office
of Historic Preservation and designating the CAO to act on behalf of the
City as recommended (5 -0).
C -9 PUBLIC WORKS PROJECT (File #88 -18)
Plans and specifications for "BULK MATERIAL BIDS," City Plan No. M -51D;
bid estimate $59,460 excluding engineering and contingencies approved and
staff authorized to call for bids as recommended (5 -0).
C -10 PUBLIC WORKS PROJECT
Plans and specifications entitled "SEWER MAIN RECONSTRUCTION PROJECT,"
City Plan No. M -33R; bid estimate $27,325 excluding engineering and
contingencies approved and staff authorized to call for bids as
recommended (5 -0).
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City Council Minutes Page 3
Tuesday, November 15, 1988 - 7:00 P.M.
C -11 ELECTRONIC VOTING (File #113)
Moved by Rappa / Pinard (4 -1, Settle voting no), to amend the Council
Policies and Procedures Handbook to require electronic voting as the
preferred method for recording Council votes as recommended. Failure to
vote shall be construed as an affirmative vote.
Councilman Settle stated he did not support an electronic voting.system
and did not feel the expense or the time involved was necessary.
P U B L I C H EAR I N G S
1. ZONING AMENDMENT - HOMELESS SHELTERS (File #1046)
Council considered giving final passage to Ordinance No. 1122 amending the
Zoning Regulations to add emergency shelters for the homeless as a use
(continued from 9/20/88, 10/4/88 and 11/1/88).
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council give final passage to the
ordinance as recommended in the staff report.
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 (5 -0), to give final passage to Ordinance No. 1122
(1988 Series), as recommended.
Moved by Settle /Rappa (2 -3, Pinard, Reiss and Dunin voting no), to direct
staff to bring back a modification to the ordinance to allow R -1 and R -2
zones as an allowed use for homeless shelters. Motion failed.
Moved by Councilman Settle to direct staff to evaluate possible funding
mechanisms for the homeless shelter after 12/21/88, when the City's monies
run out. Motion failed for lack of a second.
2. SALE OF FUEL & ALCOHOLIC BEVERAGES (File #1402)
Council held a public hearing to consider amending the Zoning Regulations
(CR 1402) to add standards and procedures for regulating concurrent sales
of motor fuel and alcoholic beverages from the same site; City of San Luis
Obispo, applicant.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council introduce in summary form an
ordinance that would: 1) affirm the prohibition of concurrent sales; and
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City Council Minutes Page 4
Tuesday, November 15, 1988 - 7:00 P.M.
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2) adopt regulations for concurrent sales to take effect if the
prohibition is invalidated.
Mayor Dunin declared the public hearing open.
Jack Gatz spoke in support of controlling alcoholic sales at service
stations.
Charles Long, 141 South Street, spoke in opposition to the proposed
amendment feeling that it was an overkill.
Mike Murphy spoke in support of the amendment. He also owns a service
station but felt such an amendment would be a public disservice.
Mayor Dunin declared the public hearing closed.
Councilmember Pinard recommended modified criteria to cover landscaping,
vapor- recovery and cost - recovery for enforcement.
Moved by Rappa /Settle (5 -0), Ordinance No. 1124 (1988 Series), introduced
to print concerning concurrent sales of motor fuel and alcoholic beverages
from the same site as modified.
1 3. SIGN REGULATIONS (File #424)
Council held a public hearing to consider an ordinance amending the Sign
Regulations to allow exceptions for "landmark" signs (continued from
10/4/88).
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that: 1) Council introduce an ordinance to
print which would approve the amendments to the sign regulations or 2)
Council could support other alternatives including: 1) make no changes to
the current sign regulations; 2) extend the amoritization dates for large
nonconforming signs; 3) exempt signs from abatement until the use or
property owner changes; 4) suspend enforcement; 5) change the basic sign
standards; and 6) change standards for specific areas.
Mayor Dunin declared the public hearing open.
Ron Bearce spoke in support of the sign regulation amendment.
John French, 3942 Hollyhock, spoke in support of the current sign
regulations and did not feel an amendment was necessary.
Mayor Dunin declared
the public hearing closed.
'
After discussion, it
was moved by Pinard / Dunin
(2 -3, Rappa, Reiss and
Settle voting no), to
introduce an ordinance to
print approving amendments
to the sign regulations
as recommended by staff
including an addition to
Exhibit A to read: "Further,
the Architectural
Review Commission may set
on
City Council Minutes Page 5
Tuesday, November 15, 1988 - 7:00 P.M.
1
a limit on the term of such exemption, for example, the exemption may run
to a date certain, or run with the use or the ownership, or any other
appropriate period." Motion failed.
Moved by Reiss / Rappa (2 -3, Pinard, Settle and Dunin voting no), to deny
the proposed amendment to the sign regulations. Motion failed.
Moved by Pinard /Dunin (2 -3, Rappa, Reiss and Settle voting no), to table
the action. Motion failed.
Moved by Dunin / Pinard (3 -2, Rappa and Reiss voting no), to introduce the
ordinance to print approving the amendments to the sign regulations as
submitted in the report. Motion carried.
4. GENERAL PLAN AMENDMENT - DANA STREET.(File #463)
Council held a public hearing to consider a Planning Commission
recommendation to consider a General Plan amendment and planned
development rezoning changing the General Plan map from medium -high
density residential to office and the zoning map from R -3 -H to O -H -PD, to
allow construction of eight residential condominiums behind an existing
building and to convert the existing historical building to offices on
property on Dana Street next to Reis Mortuary.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution
concurring with the negative declaration of environmental impact and amend
the Land Use Element Map to office. Further, to introduce an ordinance to
print amending the Zoning Map to O -H -PD as recommended.
Mayor Dunin declared the public hearing open.
Brian Starr, 641 Higuera St. and representing.the applicant, Mr. Duenow,
spoke in support of the proposed amendment.
Jim Duenow, 550 Dana St., also spoke in support of the rezoning.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Reiss (5 -0), Resolution No. 6538 (1988 Series), adopted
concurring with the negative declaration of environmental impact and
amending the Land Use Element Map to office as recommended. Moved by
Settle /Reiss (5 -0), Ordinance No. 1126 (1988 Series), introduced to print
amending the zoning map to O -H -PD as recommended.
5. GENERAL PLAN AMENDMENT - CHORRO STREET (File #463)
Council held a public hearing to consider a Planning Commission
recommendation to amend the Land Use Element Map and to rezone a lot on
Chorro Street near Foothill Blvd. from low- density residential (R -1) to
neighborhood commercial (C -N -S) (GP /R 1397), Felton Ferrini applicant.
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City Council Minutes Page 6
Tuesday, November 15, 1988 - 7:00 P.M.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt a resolution amending
the General Plan and introducing an ordinance to print rezoning the
property as recommended.
Mayor Dunin declared the public hearing open.
Tim Blank, 641 Higuera and representing the owner, Felton Ferrini, spoke
in support of the proposed amendment.
Felton Ferrini stated he was available for questions.
Mayor Dunin declared the public hearing closed.
After discussion, it was moved by Settle /Reiss (5 -0), to introduce
Ordinance No. 1127 (1988 Series), to print rezoning the property as
recommended and adopt Resolution No. 6539 (1988 Series), amending the
General Plan as submitted.
At 8:45 p.m., Mayor Dunin declared a recess. At 8:55 p.m., City Council
reconvened, all Councilmembers present.
1 6. APPEAL - BROAD STREET - MITCHELL (File #407)
Council held a public hearing to consider an appeal by John R. Mitchell of
a Planning Commission decision denying a request to allow a new
service - commercial /office complex at 3172 Broad Street; C -S -S zone
(U1390).
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council, after considering the staff
analysis, the Planning Commission comments, hearing the appellants
comments, to uphold or deny the appeal as deemed appropriate.
Mayor Dunin declared the public hearing open.
Rob Strong, representing the applicant, spoke in support of their request.
John Mitchell, the architect, also spoke in support.
After discussion, it was moved by Settle /Reiss (2 -3, Pinard, Rappa and
Dunin voting no) to uphold the appeal. Motion failed.
0
Moved by Rappa/Pinard (3 -2, Reiss and Settle voting no), Resolution No.
6540 (1988 Series), adopted upholding the appeal with amendments proposed
this evening.
7. APPEAL - CALLE JOAQUIN - HARRIS (File #407)
Council held a public hearing to consider an appeal by Ronald Harris,
Attorney (representing Howard Johnson's Motel & Restaurant), of an
Architectural Review Commission decision denying a request for an
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City Council Minutes
Tuesday. November 15. 1988 - 7:00 P.M.
Page 7
1
exception to allow the existing freestanding sign and install a new sign
program at 1585 Calle Joaquin; Howard Johnson's Motel & Restaurant,
applicant.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt a resolution denying the appeal
and affirming the ARC's action to approve a small exception to the sign
regulations.
Mayor Dunin declared the public hearing open.
Ron Harris spoke in support of his request.
Mayor Dunin declared the public hearing closed.
Moved by Pinard /Rappa (4 -1, Settle voting no), Resolution No. 6541 (1988
Series), adopted denying the appeal as recommended.
Moved by Rappa / Pinard (5 -0), to direct staff to work with Cal Trans,
League of California Cities and other cities to develop a signage program
along or near highways.
8. APPEAL - CALLE JOAQUIN - MURPHY (File #407) .1
Council held a public hearing to consider an appeal by Michael P. Murphy
of an Architectural Review Commission decision denying a request for an
exception to allow the existing freestanding sign for the Chevron Service
Station; 1525 Calle Joaquin; Chevron Automotive, applicant.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt a resolution denying the
appeal and affirming the ARC'S action to approve a smaller exception than
requested.
Mayor Dunin declared the public hearing open.
Mike Murphy spoke on behalf of his appeal.
Charles Long, Village Motel, spoke in support of the sign exception.
John Rowan, representing Chevron, urged support of the appeal and
requested additional time to review other sign concerns they had, not only
with this station but with others as well. He did not feel sufficient
notice had been provided and requested additional time for review.
Moved by Rappa /Settle (5 -0), to continue this item with direction to staff
to renotice the property owner, tenant and street address of project to
help ensure that all parties are noticed for this hearing.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council uphold the staff's determination
regarding location of required creek easement and applicant recommended to
revise plans accordingly if he wished to pursue development of the site.
Mayor Dunin asked for public comment.
Brian Starr, 641 Higuera and representing Mr. Gazin, spoke in support of
their request.
After discussion, it was moved by Rappa /Pinard. (4 -1, Settle voting no),
to confirm the creek setback line as recommended by staff. Also, if a
determination proved that the setback exceeds more than 25% of the lot,
then the City should consider purchase of the property.
C O M M U N I C A T I O N S
Comm. 1 City Attorney directed to respond to letters received from the
opponents of Measure D requesting clarification of some issues and
concerns regarding the Measure.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 11:45 p.m.�
Pam�Voges, City C1,,e rk
APPROVED BY COUNCIL: 12 -20 -88
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City Council Minutes
Page 8
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Tuesday, November 15,
1988 - 7:00 P.M.
9. CREEK EASEMENT -
424 HIGUERA STREET (File #168)
Council considered a
creek easement /setback line in
conjunction with a
proposed development
project located at 424 Higuera
Steet: Kenny Gazin,
applicant.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council uphold the staff's determination
regarding location of required creek easement and applicant recommended to
revise plans accordingly if he wished to pursue development of the site.
Mayor Dunin asked for public comment.
Brian Starr, 641 Higuera and representing Mr. Gazin, spoke in support of
their request.
After discussion, it was moved by Rappa /Pinard. (4 -1, Settle voting no),
to confirm the creek setback line as recommended by staff. Also, if a
determination proved that the setback exceeds more than 25% of the lot,
then the City should consider purchase of the property.
C O M M U N I C A T I O N S
Comm. 1 City Attorney directed to respond to letters received from the
opponents of Measure D requesting clarification of some issues and
concerns regarding the Measure.
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 11:45 p.m.�
Pam�Voges, City C1,,e rk
APPROVED BY COUNCIL: 12 -20 -88
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