HomeMy WebLinkAbout11/14/1989iA
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 14, 1989 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice -Mayor Peg Pinard, Penny Rappa, Jerry Reiss,
Allen K. Settle and Mayor Ron Dunin
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Kenneth
Hampian, Assistant City Administrative Officer;
Jeffrey Jorgensen, City Attorney; Pam Voges, City
Clerk; Randy Rossi, Interim Community Development
Director; Mike Dolder, Fire Chief; Terry Sanville,
Principal Planner; Dave Romero, Public Works Director
PUBLIC COMMENT
P.C.I. Brett Cross expressed concern for allowed speed limit on Oceanaire
Drive for persons using alternate routes from Los 0808 Valley Road to avoid
traffic lights. Item referred to staff as a part of discussion under Item No.
5 tonight re: Circulation Element.
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CONSENT AGENDA
Moved by Settle /Rana (5 -0) the Consent Agenda was unanimously approved as
recommended by the City Administrative Officer, except
Item C -3 as noted.
C -1 COUNCIL MINUTES
The following minutes were approved as amended:
Tuesday, October 3, 1989, at 7:00 p.m.
Monday, October 9, 1989, at 4:00 p.m.
Tuesday, October 17, 1989, at 7:00 p.m.
Monday, October 30, 1989, at 4:00 p.m.
C -2 TREE REGULATIONS (File No. 505)
ordinance No. 1153 (5 -0) given final passage amending Chapter 12.24 of the
Municipal Code regarding tree regulations in order to address problems with
planting, maintaining and preserving trees in the City (continued from
8/15/89, 9/5/89, 10/3/89, and 10/9/89).
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Councilwoman Ravpa stated she had pulled the item as she understood that there
were people in the audience wishing to speak to it.
Vice -Mayor Pinard asked for public comment.
R. D. Robinson, 164 Lincoln, speaking on behalf of the Residents for Quality
Neighborhoods, urged Council to amend the ordinance to apply to five or more
rather than six adults.
Vice -Mayor Pinard closed the public hearing portion of the meeting.
1 After brief discussion, moved by Raooa /Pinard (2 -2 -1, Councilmembers Reiss and
Settle voting no, Mayor Dunin absent) to re- introduce the ordinance
establishing high occupancy residential use regulations requiring residences
in the R -1 and R -2 zones, with five or more occupants, to meet specific
preformance standards. Motion failed.
Then moved by settle /Ravna (3 -1 -1, Councilman Reiss voting no, Mayor Dunin
absent) to give final passage to ordinance No. 1154 establishing the high
occupancy residential use regulations as originally recommended. Motion
carried.
Mayor Dunin then returned to the dias.
C -4 GENERAL PLAN AMENDMENT - 3238 HIGUERA (File No. 462)
Ordinance No. 1155 (5 -0) given final passage amending the zoning map from C -N
(neighborhood - commercial) to O -S (office, special considerations) for property
located at 3238 Higuera Street (Padre Plaza /Walter Center) GP /R 1451; Walter
Brothers Construction Co., applicant.
C -5 FIREFIGHTER'S ASSOCIATION MEMORANDUM OF AGREEMENT
(File No. 601)
Resolution No.. 6711 (5 -0) adopted as recommended, approving Memorandum of
Agreement between the City of San Luis Obispo Firefighter's Association
amending the current agreement regarding compensation for the period 7/1/89
through 6/30/94 (Memorandum of Agreement available in Council office for
inspection).
City Council Minutes
Tuesday, November 14, 1989 - 7:00 p.m.
Page 2
C -3 HIGH DENSITY RESIDENTIAL USE REGULATIONS (File No. 425)
Council considered granting final passage to Ordinance No. 1154
establishing
high occupancy residential use regulations
requiring residences
in the R -1 and
R -2 zones with six or more adult occupants
to meet specific performance
standards (continued from 4/19/89, 8/1/89,
9/19/89, 10/3/89 and
10/17/89).
Mayor Dunin stepped down due to a possible
conflict of interest;
Vice -Mayor
Pinard presiding.
Councilwoman Ravpa stated she had pulled the item as she understood that there
were people in the audience wishing to speak to it.
Vice -Mayor Pinard asked for public comment.
R. D. Robinson, 164 Lincoln, speaking on behalf of the Residents for Quality
Neighborhoods, urged Council to amend the ordinance to apply to five or more
rather than six adults.
Vice -Mayor Pinard closed the public hearing portion of the meeting.
1 After brief discussion, moved by Raooa /Pinard (2 -2 -1, Councilmembers Reiss and
Settle voting no, Mayor Dunin absent) to re- introduce the ordinance
establishing high occupancy residential use regulations requiring residences
in the R -1 and R -2 zones, with five or more occupants, to meet specific
preformance standards. Motion failed.
Then moved by settle /Ravna (3 -1 -1, Councilman Reiss voting no, Mayor Dunin
absent) to give final passage to ordinance No. 1154 establishing the high
occupancy residential use regulations as originally recommended. Motion
carried.
Mayor Dunin then returned to the dias.
C -4 GENERAL PLAN AMENDMENT - 3238 HIGUERA (File No. 462)
Ordinance No. 1155 (5 -0) given final passage amending the zoning map from C -N
(neighborhood - commercial) to O -S (office, special considerations) for property
located at 3238 Higuera Street (Padre Plaza /Walter Center) GP /R 1451; Walter
Brothers Construction Co., applicant.
C -5 FIREFIGHTER'S ASSOCIATION MEMORANDUM OF AGREEMENT
(File No. 601)
Resolution No.. 6711 (5 -0) adopted as recommended, approving Memorandum of
Agreement between the City of San Luis Obispo Firefighter's Association
amending the current agreement regarding compensation for the period 7/1/89
through 6/30/94 (Memorandum of Agreement available in Council office for
inspection).
City Council Minutes Page 3
Tuesday, November 14, 1989 - 7:00 p.m.
C -6 JOINT RADIO COMMUNICATIONS PROJECT (File No. 701)
Council considered approving an agreement for services and equipment to
upgrade the City's Radio communications equipment; cost not to exceed
$218,000.
Resolution No. 6712 (5 -0) adopted authorizing the City Administrative Officer
to negotiate a contract with Motorola Corporation for services and equipment
to upgrade the City's Radio Communications equipment as recommended.
C -7 TRANSPORTATION DEVELOPMENT ACT FUNDING (File No. 1155)
Council consideration of the 1989 -90 annual claim for Transportation
Development Act funds totaling $820,401.00.
Resolution No. 6713 (5 -0) adopted approving the annual TDA claim as
recommended.
C -8 ENGINEERING SERVICES (Hetland)
Council consideration of an agreement with Dodson and Young for value
engineering services in connection with review of the Wastewater Treatment ,
Plant Expansion project and appropriating additional funds for Brown and
Caldwell for overrides in connection with current engineering services.
Resolution No. 6714 (5 -0) adopted approving agreement with Dodson & Associates
in the amount of $27,000.00, and appropriating an additional $5,000.00 for
Brown and Caldwell as recommended.
PUBLIC HEARINGS
1. APPEAL - ARCHITECTURAL REVIEW COMMISSION - LA VINEDA
(File No. 407)
Council considered an appeal by Phil Ashley of an Architectural Review
Commission approval of a new single family house on a sensitive site at 1673
La Vineda between Sydney and Bishop Streets; Mac Short, applicant.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that Council adopt a resolution to deny the
appeal and uphold the decision of the Architectural Review Commission.
Mayor Dunin declared the public hearing open.
Phil Ashley, appellant, supported his appeal stating he felt the house was too
close to the riparian vegetation bordering the minor creek, which separates
his property from the subject property.
Steve Pults, representing the applicant, supported the project.
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City Council Minutes Page 4
® Tuesday, November 14, 1989 - 7:00 p.m.
Mac Short, owner of the property, supported the project.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Rappa /Dunin (3 -21 Councilmembers Pinard and
Settle voting no) to adopt Resolution No.6715 denying the appeal and upholding
the decision of the Architectural Review Commission, with minor amendments
concerning the removal of vegetation and that the sewer lateral be routed to
La Vineda.
2. SIGN APPEAL - ARCHITECTURAL REVIEW COMMISSION (File No. 407)
Council considered an appeal by Howard Johnson Motel and Restaurant of an
Architectural Review Commission denial for maintaining the existing pole sign
with an attached reader panel at the Howard Johnson's Motel located at 1585
Calls Joaquin; Ronald Harris, representative.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that Council adopt a resolution to deny the
appeal and affirm the ARC'S action to approve a small height and size
exception to the sign regulations.
Mayor Dunin declared the public hearing open.
Ron Harris, representing the applicant, spoke in support of the project and
urged Council to allow the existing sign to remain.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Settle /Rama (4 -1, Councilman Reiss voting no) to
adopt Resolution No. 6716 denying the appeal and upholding the Architectural
Review Commission's action as recommended.
Upon general consensus, staff was requested to notify other sign owners who
have signs along the highway, and urge that they support statewide legislation
for a freeway sign program.
3. APPEAL - PLANNING COMMISSION - HOT DOG CART (File No. 407)
Council considered an appeal by Robert L. Holley, representing McI.intock's
Saloon, of a Planning Commission action to allow sales of hot dogs from a cart
to be located on a vacant lot at 680 Higuera Street between Broad and Nipomo
Streets; SLO Brewing (Michael and Becky Hoffman), applicants.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report and recommended that Council take an action to uphold or deny the
appeal as appropriate.
Mayor Dunin declared the public hearing open.
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City Council Minutes Page 5
Tuesday, November 14, 1989 - 7:00 p.m.
Robert Holley, appellant, expressed concern that this item could set a
precedent for allowing similar applications which could cause a negative
visual and litter impact downtown, and also constitute unfair competition due
to the limited overhead needed for that kind of operation.
John Bushnell, representing McLintock's, urged that if Council approves this
application, that an ordinance or condition be initiated limiting the number
of such applications.
Becky Roffman, SLO Brewing, supported the hot dog cart, and stated that it
could be a visual attraction downtown.
Councilwoman Ra=a expressed concern that if this or other similar
applications were approved, that it would be appropriate to require a business
license and downtown Business Improvement Area fees. She recommended that the
City develop guidelines as to how to best use vacant property in the downtown.
After discussion, moved by Settle /Ravoa (5 -0) to adopt Resolution No. 6717
denying the appeal and upholding the Planning Commission action with an
amendment to condition No. 14, to provide that no more than one cart be
allowed on this lot.
Upon general consensus Council requested that a subcommittee be formed
consisting of one BIA member and one Chamber of Commerce member to report back
on proposed guidelines for allowing temporary uses on vacant land in the
downtown. This is recommended to come back when Council reviews the City's
Downtown Plan.
4. PARKING USER FEES WAIVER (File No. 554)
Council considered a waiver /modification of parking user fees for the Alano
Club property in Railroad Square.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council adopt a policy that -all users of parking spaces
located within the Railroad Square parking service area pay the rate
established in the approved lease agreement. Be also submitted three
alternatives if Council chose to provide some relief to the non - profit Alano
Club.
No one spoke for or against the proposal.
After brief discussion, moved by Pinard /Ranna (2 -3, Councilmembers Reiss,
Settle and Dunin voting no) to adopt the policy that all users of parking
spaces located within the Railroad Square Parking service area pay the
established rate. Motion failed.
Moved by Dunin /Settle (2 -3, Councilmembers Rappa, Reiss and Pinard voting no)
to support staff's recommended option B, to provide a additional or double
credit for the six offsite spaces on Church Street, and reduce the Alano City
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Council Minutes -
Tuesday, November 14, 1989 - 7:00 p.m.
Page 6
Club's parking required to 13 spaces at a cost of $158.00 monthly. Motion
failed.
Then moved by Settle /Dunin (3 -2, Councilmembers Pinard and Rappa voting no) to
provide the Alano Club a one -year additional double credit for six offsite
spaces on Church Street and reduce the parking to 13 spaces for $158.00 a
month. Motion carried.
Moved by Ra =a /Dunin (5 -0) to adopt the policy that all users of parking
spaces located within the Railroad Square Parking service area*pay the rate
established in the approved lease agreement, with policy to come back to
Council within one year. Motion carried unanimously.
9:00 p.m., Mayor Dunin declared a recess; 9:15 p.m., City Council reconvened,
all Councilmembers present.
5. CIRCULATION ELEMENT - PHASE II (File No. 462)
Council considered approval of an agreement with DRS Associates to complete
Phase II of the circulation studies.
Terry Sanville, Principal Planner, reviewed the agenda report with the
recommendation Council adopt a resolution approving the agreement with DRS
Associates to complete specified circulation studies and authorize the Mayor
to execute the agreement.
After brief discussion, moved by Ravna /Reiss (5 -0) to adopt Resolution No.
6718 to approve an agreement between the City and DRS Associates to complete
specified circulation studies and authorize the Mayor to execute the agreement
as amended by Council this evening.
Upon general consensus, Council requested that it receive status reports or
minutes by the Transportation Technical Advisory Committee (TAC).
6. WATER ALLOCATION INFORMATION (File No. 517)
Council reviewed a report submitted by Randy Rossi, Interim Community
Development Director, concerning allocation of A) new water sources; B)
retrofit ratio; and C) demand from exempt projects.
Randy Rossi, Interim Community Development Director, reviewed the agenda
report with the recommendation that during review of the General Plan Water
and Wastewater Management Element and Allocation Regulations, that staff
favored A) allocating all new sources to regaining a balance between normal
use and safe yield; B) keeping the 2 -1 retrofit ratio; C) keeping the current
categories of exempt projects. If the Council is concerned about exempt
projects, staff suggests having only those non - residential additions that are
up to 1000lsquare feet, or 50% of existing floor area, whichever is less, be
exempt; and D) effective July, 1990 through June 1991, and following years,
having water use increase a maximum of one percent per year, regardless of the
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City Council Minutes Page 7
Tuesday, November 14, 1989 - 7:00 p.m. I
water situation, to be consistent with the adopted Land Use Element.
After discussion, and upon general consensus, Council directed staff to bring
back the Water and Wastewater Management Element, and the Water Allocation
Regulations in a timely fashion, supporting recommendations by staff, Items A,
B, C, and D. Relative to Item C, Council requested additional options to
provide for more restrictive policies.
7. PERFORMING ARTS CENTER AGREEMENT (File No. 851)
Council considered an agreement with the City, Cal Poly University and the
Foundation for the Performing Arts for construction of a Performing Arts
Center on the Cal Poly Campus.
John Dunn, City Administrative Officer, reviewed the agenda report with the
recommendation that Council adopt the agreement as provided in the agenda
packet.
Warren Sinsheimer, representing the Foundation for the Performing Arts, spoke
in support of the agreement.
Doug Gerard, Dean at the University, also urged support.
After brief discussion, moved by Settle /Reiss (5 -0) the agreement was approved
as recommended.
8. WRALE ROCK AGENDA (File No. 921)
Council considered actions to be taken at the Whale Rock Commission meeting of
Monday, November 27, 1989.
After brief discussion, and upon general consensus, due to the lateness of
receiving this item and some of the complex issues to be discussed, this item
was continued to date certain, Tuesday, November 21, 1989, for additional
report.
Council also authorized Councilwoman Ranva as the City's representative to
replace City Administrative Officer, John Dunn, at the Whale Rock meeting, due
to Mr. Dunn's being on personal leave at that time.
11:30 p.m., City Council adjourned to closed session to discuss possible
litigation concerning demolition permit by Channel Lumber (kiosk).
12:00 p.m., there being no further business to come before the City Council,
Mayor Dunin adjourned the meeting.
APPROVED BY COUNCIL: 12/12/89 '
PV:nlo Palk Voges, Ci Clerk