Loading...
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 -------------------------------------------------------------------------- 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. 281 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). 282 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 283 City Council Minutes Page 4 Tuesday, November 15, 1988 - 7:00 P.M. 1 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. 285 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 0 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 lb -------------------------------------------------------------------------- 287 City Council Minutes Page 8 - 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 lb --------------------------------------------------------------------------