HomeMy WebLinkAbout12/06/1988288
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY. DECEMBER 6, 1988 - 7:00 P.H.
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: 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 Hetland,
Utilities Director; Kim Condon, Clerk Secretary
P U B L I C C 0 M M E N T
P. C. 1. Charles Long responded to two recent articles in the Mustang
Daily regarding comments made by a Planning Commissioner.
C O N S E N T A G E N D A
Moved by Settle / Rappa (5 -0) to approve the Consent Calendar as recommended
by the City Administrative Officer with the exceptions of C -5, C -9, C -12
and C -13, as noted.
C -1 COUNCIL MINUTES
Council approved the minutes of Tuesday, November 1, 1988 and Monday,
November 7, 1988 as amended. (5 -0).
C -2 CONTRACT PAY ESTIMATES
Council approved the contract pay estimates and change orders and ordered
paid as recommended. (5 -0).
C -3 AWARD OF BID - GROUNDWATER WELLS (File #511)
Resolution No. 6541 (1988 Series) adopted awarding contract to R. Baker,
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City . Council „.Minutes._ ,...,.,,
Tuesday, Deceiber� , 1988, 7:00 P.M.
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Inc., in the amount of $73,100 as recommended for "Construction and
Installation of Four Groundwater Wells,” City Plan No. M -32L, bid estimate
$75,875 not including engineering.and contingency fees - bids opened
11/10/88. (5 -0).
C -4 CONTRACT PERSONNEL SERVICES (File #701)
Resolution No. 6542 (1988 Series) adopted approving the hiring of
additional temporary fire personnel and City Administrative Officer
authorized to execute contract in accordance with adopted personnel
policies and procedures as recommended (contract not to exceed 18 months).
(5 -0).
C -5 PARK PROJECT (File #815)
Consideration of plans and specs for "FRENCH PARK - Phases I and II," City
Plan No. M57Y, bid estimate $133,174 (City's share $35,690) excluding
engineering and contingencies. Continued to date certain; Tuesday,
December 20, 1988.
C -6 DEVELOPMENT REVIEW (File #174)
Resolution No. 6543 (1988 Series) adopted approving procedures for
noticing property owners of development review as recommended. (5 -0).
C -7 LOW- INCOME HOUSING (File #425)
Resolution No 6544 (1988 Series) adopted approving a loan for the San Luis
Hotel to be used for low- income housing as recommended. (5 -0).
Draft Council Minutes - Page 3 - Tuesday, December 6, 1988 - 7:00 p.m.
C -8 TRANSIT (File #541)
Resolution No 6545 (1988 Series) adopted approving Amendment No. 2 to the
South County Area Transit Joint Powers Agreement to extend the term of the
agreement to June 30, 1989 as recommended. (5 -0).
C -9 OFFICE PROJECT (File #432)
Consideration of Community Development staff's interpretation that
engineering offices for CalTrans be permitted in the CS -PD zone.
After discussion, it was moved by Settle /Rappa that the Council finds that
the CalTrans Offices would be inappropriate at the Westwind Business Park.
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Tuesday. December 6, 1988, 7:00 P.M.
Page 3
John French, applicant for the request, asked that his request be
withdrawn.
Upon general consensus, motion was withdrawn and staff directed to look at
appropriate uses in the CS -PD zone as to offices and the tri -polar
approach in conjunction with the County. This to be done as a part of the
on -going General Plan update.
C -10 FINAL MAP - TRACT 1509 (File #410/1509)
Resolution No. 6546 (1988 Series) adopted approving final map for Tract
1509, an 8 -lot residential subdivision at 2576 Johnson Avenue; McVay,
Fonte, Lombardi, subdividers. (5 -0).
C -11 TRASH CONTAINERS /GARDEN ALLEY (File #501)
Resolution No. 6547 (1988 Series) adopted approving form of agreement with
property owners along Garden Street for trash containers as recommended.
(5 -0).
Draft Council Minutes - Page 4 - Tuesday, December 6, 1988 - 7:00 p.m.
C -12 ARCHITECTURAL SERVICES (File #190)
Council considered authorizing architectural services for various City
projects. The recommended action was to A) certify the lists of
architects qualified to work on city projects; B) authorize staff to
negotiate a contract for design services on the Civic Center Improvement
Project: and C) authorize the CAO to award a contract for design services
on the Civic Center improvment project (programming stage only -
approximately $25.000).
After discussion, it was moved by Settle /Pinard (5 -0), to approve the
ranking of the six top firms and authorize staff to negotiate a contract
for design services on the Civic Center Improvement project only.
C -13 PUBLIC WORKS PROJECT
Council considered specifications entitled "JANITORIAL SERVICES FOR PARK
RESTROOMS ", City Plan No. N -26Y and "LANDSCAPE MAINTENANCE MISCELLANEOUS
AREAS ", City Plan No N -47Y - bid estimate for both totals $104,000
excluding engineering and contingencies. After brief discussion, and upon
general consensus, this item was continued for further report from staff.
A. ARCHITECTURAL REVIEW COMMISSION (File #123)
Vice -Mayor Rappa reviewed the recommendation:by the Council Subcommittee
(Rappa /Reiss) for appointment to the Architectural Review Commission to
fill an unexpired term ending March 31. 1989 (.continued from 10/4/88,
10/11/88. and 11/1/88).
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City Council Minutes Page 4
Tuesday, December 6, 1988, 7:00 P.H.
Moved by Raooa /Reiss to appoint Larry McClave and reappoint Melinda Clarke
Bradford and Duane Morris to the architectural Review Commission for three
year terms expiring March 31, 1992 as recommended. Motion carried
unanimously.
P U B L IC HEAR I N G S
1. DANA STREET REZONING (File #460)
Council held a public hearing to consider final passage of Ordinance No.
1126, an ordinance amending the zoning map from medium density residential
with historial preservation overlay (R -3 -H) to office, planned development
with historical overlay (O -PD -H) and consideration of a preliminary
development plan at 550 Dana Street; Jim Duenow, applicant (continued from
11/15/88).
Mike Multari, Community Development Director, 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.
No one spoke for or against the proposed ordinance.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Reiss (5 -0), Ordinance No. 1126 (1988 Series) amending the
zoning may from R -3 -H to O -PD -H approved as recommended.
2. CHORRO STREET REZONING (File #460)
Council considered giving final passge to Ordinance No. 1127, an ordinance
amending the zoning map from low- density residential (R -1) and
neighborhood - commercial (C -N) to neighborhood - commercial, special
considerations (C -N -S); 17 and 19 Chorro Street; Felton Ferrini, applicant
(continued from 11/15/88).
Mike Multari, Community Development Director, 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.
No
one spoke for or against the
proposed
ordinance.
' Mayor
Dunin declared the public
hearing
closed.
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City Council Minutes Page 5
Tuesday, December 6, 1988, 7:00 P.M.
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Moved by Reiss /Rappa (5 -0), Ordinance No. 1127 (1988 Series) given final
passage amending the zoning may from R -1 and C -N to C -N -S as recommended.
Councilwoman Pinard requested that the engineering staff continue to look
at the egress and ingress at this location and monitor it in the future.
3. SALE OF FUEL & ALCOHOLIC BEVERAGES (File 739)
Council considered giving final passage to Ordinance 1124 amending the
Zoning Regulartions (CR 1402) to add standards and procedures for
regulating concurrent sales of motor fuel and alcoholic beverages from the
same site (continued from 11/1/88 and 11/15/88).
Mike Multari, Community Development Director, 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.
No one spoke for or against the proposed ordinance.
Mayor Dunin declared the public hearing closed.
Moved by Settle /Reiss (5 -0), Ordinance No. 1124 (1988 Series) given final 1
passage adding standards and procedures with minor amendments, as
reviewed.
Moved by Pinard /Settle (5 -0) that staff be directed to report back on
bringing other non - conforming stations into compliance with the new law.
Moved by Rappa /Settle (5 -0), that staff be directed to contact the League
of California Cities, elected representatives Maddy and Seastrand to urge
similar support by other cities.
4. SIGN REGULATIONS (File #424)
Council considered giving final passage to Ordinance No. 1125 amending the
sign regulations to allow exceptions for "landmark" signs (continued from
10/4/88 and 11/15/88).
Mike Multari, Community Development Director, 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.
Charles Long asked for some clarification - as to the definition for
"landmark signs."
Mayor Dunin declared the public hearing closed.
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City Council Minutes Page 6
Tuesday, December 6, 1988, 7:00 P.M.
After discussion, it was moved by Pinard /Settle (3 -2, Rappa and Reiss
voting no), Ordinance No. 1125 (1988 Series) was given final passage as
recommended. Motion carried.
It was then moved by Settle / Dunin (5 -0), that staff be directed to
correspond with CalTrans and elected officials Maddy and Seastrand to
encourage local and directional signage be placed on Highway 101. Motion
carried.
5. APPEAL - CALLE JOAQUIN - MURPHY (File #407)
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 at 1525 Calle Joaquin (continued from 11/15/88).
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council deny the appeal and affirm the
Architectural Review Commission's action to approve a smaller exception
than what was requested.
' Mayor Dunin declared the public hearing open.
John Rohn, representing Chevron, spoke in support of their appeal.
After discussion, it was moved by Settle / Pinard (4 -1. Rappa voting no),
that the proposal submitted by the applicant this evening be referred to
the Architectural Review Commission for additional review. Motion
carried.
6. APPEAL - SUBDIVISION 88 -184 (File #407)
Council held a public hearing to consider an appeal by Bob Neill of a
decision of the Subdivision Hearing Officer to approve the tentative map
for Minor Subdivision 88 -184 creating two lots from one lot at 1640
Phillips Lane; Gary Toll and Charlene Souza, subdividers.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt a resolution denying the appeal
and approving the minor subdivision, subject to the findings and
conditions adopted by the Subdivision Hearing Officer.
Mayor Dunin declared the public hearing open.
Harold Lassen, 1666 Phillips Lane, spoke in opposition to the proposal.
' Joe Boud, 1009 Morro Street and representing the applicant, Gary Toll,
spoke in support.
Mayor Dunin declared the public hearing closed.
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Tuesday, December 6. 1988, 7:00 P.M.
Page 7
After additional discussion, it was moved by Settle / Dunin to uphold the
appeal. After discussion, motion was withdrawn.
It was then moved by Pinard /Reiss (4 -1, Settle voting no), to adopt
Resolution No. 6458 (1988 Series) denying the appeal as recommended and
approving the minor subdivision subject to findings and conditions adopted
by the Subdivision Hearing Officer. Motion carried.
7. SUBDIVISION APPROVAL (File #407)
Council held a public hearing to consider a Planning Commission
recommendation to approve the tentative map for Tract No. 1652 creating a
25 unit residential air -space condominium at 275 North Chorro Street; Bob
Takken, subdivider.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council adopt a resolution which would
approve the tentative tract map based on required findings and subject to
conditions recommended by the, Planning Commission with or without
contested Condition No. 27 which would require that the number of units in
the project be reduced from 26 to 25 based on the finding that reducing
the number of project units was the only feasible alternative to mitigate
the previously noted commission concerns.
Mayor Dunin declared the public hearing open.
Charles Crotser, 979 Osos Street, spoke in support of the project, but
urged the exemption of Condition No. 27.
Mayor Dunin declared the public hearing closed.
Al , Del Mar Court and a neighbor of the project, stated he was
concerned with the surface water drainage.
Bill Dodd, a neighboring property owner, was also concerned about the
drainage.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Settle/Rapp a (5 -0). Resolution No. 6549 (1988
Series) was adopted approving the tentative map for Tract 1652 as
recommended by the Planning Commission including Conditions 6 and 27.
Motion carried unanimously.
8. ELECTRONIC GAME AMUSEMENT CENTERS (File #705)
Council held a public hearing to consider a Planning Commission
recommendation to amend the Zoning Regulations concerning electronic game
amusement centers (Municipal Code 5.52, 17.04 and 17.08 - continued from
11/1/88).
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City Council Minutes Page 8
Tuesday, December 6, 1988, 7:00 P.M.
Mike Multari, Community Development Director, reviewed the agenda report
with the recommendation that Council introduce an ordinance to print which
would amend the zoning regulations 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.
After discussion, moved by Pinard /Rappa (4 -1, Settle voting no), Ordinance
No. 1128 introduced to print amending the zoning regulations with
amendments as discussed by Council to require Planning Commission approval
of use permits and to delete the inclusion of the proposed C -C zone from
allowed uses.
9. PERFORMING ARTS (File #854)
Council considered an agreement with Cal Poly, the Foundation for the
Performing Arts, and the City, for the development of a performing arts
facility on the Cal Poly campus.
Mayor Dunin asked for public comment.
Doug Girard, representing Cal Poly, spoke in support of the agreement.
Warren Sinsheimer, representing the Foundation, spoke in support of the
agreement.
After brief discussion, moved by Dunin /Settle (5 -0). Resolution No. 6550
(1988 Series) adopted approving the development agreement as recommended.
Motion carried.
At 9:10 p.m., Mayor Dunin declared a recess. At 9:20 p.m., City Council
reconvened, all Councilmembers present.
10. HIGUERA STREET ACCESS POLICIES (File #463)
Council considered a report by the Planning Commission and Architectural
Review Commission Subcommittee reviewing policies concerning access on
Higuera Street between Marsh and Madonna (continued from 9/27/88, 11/1/88
and 11/15/88).
Mike Multari, Community Development Director, reviewed.the agenda report
with the recommendation that Council: 1) adopt the resolution which would
direct staff to initiate consideration of rezoning the subject study area
with an S overlay (this would not take place until recent S rezoning from
Monterey Street is completed); 2) direct staff to return with additional
recommended planning items after the General Plan update is complete: and
3) direct staff to assess the street plan line and creek setbacks after
City Council Minutes Page 9
Tuesday, December 6, 1988, 7:00 P.M.
the tension basis study is reviewed and approved by Council.
After brief discussion, moved by Pinard /Settle (5 -0), to support the
recommended action by the Community Development Director as recommended.
Motion carried unanimously.
11. LANDSCAPE GUIDELINES (File #517)
Council considered standards for water- conserving landscaping in new
projects (continued from 9/6/88, 10/4/88, and 11/1/88).
After discussion, moved by Settle/Rapp a (4 -1, Mayor Dunin voting no)),
Resolution No. 6552 (1988 Series) was adopted approving the guidelines
with amendments (please see File No. 517 for specific changes). Motion
carried.
Council requested that these guidelines be enforced as a regulatory action
rather than strictly an educational tool.
C O M M U N I C A T I O N S
COMM. 1 Councilman Settle expressed his disappointment at the recent
advertising tactics used by Macy's to draw customers away from San Luis
Obispo.
COMM. 2 Councilman Settle urged staff to look at traffic egress and
ingress for the proposed Community Care Center behind General Hospital at
Johnson & Bishop.
COMM. 3 Council requested a staff report be agendized giving current
water status projections regarding Salinas Reservoir and review of the
current Safe Annual Need. To be brought back at the 12/20/88 Council
meeting.
At 11:00 p.m.. Mayor Dunin adjourned the meeting to closed session to
discuss litigation. At 12:15 a.m. City Council reconvened. There being
no further business to come before the City Council, Mayor Dunin
adjourned the meeting to Monday, December 12, 1988, at 11:30 a.m. for
closed session. r—",\
APPROVED BY COUNCIL: 1/3/89
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