HomeMy WebLinkAbout11/07/1990379
City Council Minutes Page 2
Wednesday, November 7, 1990 - 7:00 p.m.
C -3 SURPLUS CITY PROPERTY - UTILITIES (File No. 165)
Council considered declaring the mobile home currently located at the Water
Treatment Plant as surplus property.
Moved by Rapp /Roalman (5 -0) Resolution No. 6884 adopted declaring Fleetwood
Suncrest Mobile Home as surplus City property and authorizing its sale or
disposal as recommended.
C -4 SURPLUS CITY PROPERTY - POLICE DEPARTMENT (File No. 165)
Council considered declaring 44 police handguns surplus City property and
authorizing their direct trade for new model handguns with a registered gun
dealer.
Moved by Rappa /Roalman (5 -0) Resolution No.-6887 adopted declaring 44 police
handguns as surplus City property and authorizing its direct sale or trade as
recommended.
C -5 UNDERGROUND STORAGE TANK REPLACEMENT (Contract File No. 90 -26)
Council considered awarding a contract for "Underground Storage Tank
Replacement Program", SPCN NO. FD 90 -2 to Tait and Associates in the amount of
$29,000 for the design and plans and specifications for the installation of
six underground tanks.
Moved by Rama /Roalman (5 -0) contract A 40 -90 -CA awarded to Tait & Associates
in the amount of $29,000 as recommended.
C -6 FINAL MAP APPROVAL - TRACT 1877 (File No. 410)
Council considered approving final map for Tract 1877, a 10 -lot planned unit
development located at 2936 Rockview Place; Michaud, Moresco and McGurty,
subdividers.
Moved by Rappa /Roalman, (5 -0) Resolution No. 6886 adopted approving final map
for Tract 1877 as recomended.
C -7 SUBDIVISION AGREEMENT AMENDMENT /FINAL ACCEPTANCE -TRACT 1544
(File No. 410)
Council considered A) an amendment to the subdivision agreement for Tract
1544, authorizing reimbursement for oversizing a water main in Los Osos Valley
Road; and B) final acceptance of public improvements for tract 1544, a 27 -lot
residential planned unit development at 2000 Royal Way; Clearview III, Ltd.,
subdivider.
Moved by Rappa /ROalman (5 -0) A) Resolution No. 6887 adopted approving
amendment authorizing reimbursement for oversizing a water main in Los Osos
Valley Road; and.B) Resolution No. 6888 adopted accepting public improvements
for Tract No. 1544 as reommended.
C -8 GOAL SETTING - 1991 -93 FINANCIAL PLAN (File No. 233)
Council considered a goal- setting process for the 1991 -93 Financial Plan
(previously given conceptual approval on 10/5 and 10/6/90).
Moved by Rappa /Roalman (5 -0) Resolution No. 6888 adopted establishing the
process for Council goal- setting for the 1991 -93 Financial Plan as
recommended.
C -9 HUMAN RELATIONS COMMISSION 1990 -91 WORKPLAN (File No. 1042)
Council considered the Human Relations Commission's 1990 -91 Workplan.
Moved by Rapoa /Roalman (5 -0) approving the Human Relations Commission's 1990-
91 Workplan as submitted.
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Wednesday, November 7, 1990 - 7:00 p.m.
C -10 SLO ARTS COUNCIL FUNDING (File No. 1051)
Council considered a Promotional Coordinating committee recommendation to
award a $4,650 grant to the San Luis Arts Council.
Council approved (5 -0) recommendation to grant the San .Luis Obispo Arts
Council $4,650 and authorized the Citp Administrative Officer to prepare and
execute an appropriate contract for administration of funds as recommended.
C -11 DOWNTOWN HOLIDAY DECORATION PROGRAM (File No. 477)
Council considered a request by the Business Improvement Association for
supplemental funding from the City for decorations on.public streets in the
downtown.
Council approved (5 -0) $1,500 in funding to assist the Business Improvement
Association with additions to the Downtown Christmas Decoration Program as
recommended.
C -12 MARINE SANCTUARY RESERVE
Council considered supporting the creation of a National Marine Sanctuary
designation off the Central Coast.
Moved by Ra=a /Roalman (5 -0) Resolution No. 6890 adopted supporting the
creation of a National Marine Sanctuary designation off the Central Coast as
recommended.
C -13 ABATEMENT OF PUBLIC NUISANCE (File No. 402)
Council considered a resolution of intention to set a public hearing to
determine existence of a public nuisance and to abate in whole or in part, at
1756 Monterey Street.
Moved by Rapva /Roalman (5 -0) Resolution No. 6891 adopted to hold a public
hearing on December 4, 1990 for the purpose of determining if a public
nuisance exists.
C -14 NEIGHBORHOOD TRAFFIC MANAGEMENT (File 462)
Council considered deferring action on Neighborhood Traffic Management Plans
until Council has acted on discussion draft of the Circulation Element.
Neighborhood Management Plans deferred as recommended (5 -0).
C -15 SHORT RANGE TRANSIT PLAN (File No. 541)
Council considered awarding a contract to Nelson /Nygaard in the amount of
$12,000 as recommended.
Moved by Mgga /Rlmaoan (5 -0) Contract A- 68- 90 -CCN awarded to Nelson /Nygaard in
the amount of $12,000 as recommended.
C -16 STREET TREE TRIMMING PROJECT (CP No. P -21Y)
Council considered specifications for "Street Tree Trimming Project ", City
Plan No. P -21Y, for 10,000 street trees; engineer's estimate $168,000.
Councilman Roalmaa suggested that in light of other City priorities, Council
defer this item, or take another look at the need for this project at this
time.
After brief discussion, moved by Raova /Pinard (3 -2, Councilman Roalman and
Mayor Dunn voting no) to approve the specifications for the "Street Tree
Trimming Project ", authorize staff to advertise for bids, and authorize the
City Administrative Officer to award the contract (A- 142- 90 -CA) to the lowest
responsible bidder.
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City Council Minutes Page 4
Wednesday, November 7, 1990 - 7:00 p.m.
C -17 COPIER SERVICES CONTRACT (Contract File No. 90 -34)
Council considered award of contract for purchase of six copiers to the firm
of Copytron in the amount of $54,965.25.
John Dunn, City Administrative Officer, recommended that this item be
continued for additional report by staff in light of recent inquiries by the
second bidders.
Moved by Ra=n /ROalman (5 -0) to continue this item to date certain, December
4, 1990 for additional report as recommended.
C -18 COMMUNITY /UNIVERSITY TASK FORCE (File No. 123)
Council considered a response to the Community /Uaiversty,Task Force
recommendations.
Moved by Raoua /Roalman (5 -0) authorizing the Mayor to sign a letter responding
to the Task Force recommendations and forward to the members of the committe
for their review.
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A. ARCHITECTURAL REVIEW COMMISSION (File No. 123)
Council considered the confirmation of as appointment to the Architectural
Review Commission to fill an unexpired term ending 3/31/93.
Councilman Reiss requested that this item be continued to complete the
interview process.
Upon general consensus, this item was continued_
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PUSLIC HEARINGS
1. APPEAL - ARCHITECTURAL REVIEW COMMISSION - 367 HILL STREET
(File No. 407)
Council held a public hearing to consider an appeal by Rob Strong of an
Architectural Review Commission action denying a new house on a sensitive site
at 367 Hill Street; William and Beatrice Jeong, applicants (previously
discussed on 914/90).
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution to uphold or deny the
appeal subject to the appropriate findings and conditions. He reviewed
previous actions taken by the Architectural Review Commission, the Planning
Commission and the City Council, explaining the various changes that had been
made to the project. At this time he felt the project was in keeping with the
requirements, although staff still had concerns with three issues:
landscaping, irrigation /drainage and site lighting.
Mayor Dunin declared the public hearing open.
Rob Strong, appellant & representing the Jeongs, applicants, spoke in support
of the project.
Valerie Andres, 790 Islay, spoke is support of the project. As a previous
Planning Commissioner, she recommended in the future, that commissioners, or
the chair of the commission whose body is being appealed, be present at the
Council meeting to help answer questions. She felt that the Architectural
Review Commission atmosphere was not conducive to the friendly atmosphere she
remembered and felt should exist.
1 Mayor Dunin declared the public hearing closed.
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City Council Minutes
Wednesday, November 7, 1990 - 7:00 p.m.
Page 5
After brief discussion moved by Ranva /Reiss (4 -1, Councilman Roalman voting
no) Resolution No. 6892 adopted to uphold the appeal subject to the findings
and conditions recommended in the staff report Exhibit A, and refer approval
of the issue of color to the Community Development Director for final
determination. Motion carried.
2. APPEALS - GENERAL PLAN LAND USE MAP AMENDMENTS & REZONINGS
(File No. 463)
Vice -Mayor Jerry Reiss stepped down due to a possible conflict of interest.
Council held a public hearing to consider appeals of the Planning Commission's
action to deny two applications for General Plan Land Use Map amendments and
rezonings:
A) GP /R 1454 (Orcutt I), a request to amend the land use element map and
rezone a 6.5 acre portion of a 7.3 acre site from service commercial /light
industrial to medium high density residential at the southeast corner of
Orcutt and Broad Street, Wood Investments, appellant and applicant; and
B) GP /R 1464 (Orcutt II), a request to amend the Land Use Element Map and
rezone an 11.4 acre site from service commercial /light industrial to medium
high density residential for a site bounded by the railroad right -of -way and
Orcutt Road, SLO Partners, appellant and applicant.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council determine whether to: a) approve the mitigated
negative declaration filed by him for the projects, or require additional
studies and /or mitigation measures, b) approve or deny General Plan and
Rezoning Amendment GP /R 1454 (Orcutt I), and c) approve or deny General Plan
and Rezoning Amendment GP /R 1464 (Orcutt II).
Mike Do_ 1�, Fire Chief, expressed concern that both projects were not
compatible with the rest of the neighborhood. He was concerned with Orcutt
II, and felt that particularly on the south side of the development there are
chemical facilities that would pose danger, and on the north is Henderson
Petroleum, which could have additional impacts such as fuel spills, City
explosions, etc. Even though these concerns are coming at a very late time in
the development project, Fire Chief Dolder felt he would be remiss if he did
not identify if for Council.
Councilwoman Pinard raised the issue that if the existing businesses had so
much liability, what is being done to protect the other neighbors in that
area.
Mayor Dunin declared the public hearing open.
Norman Becko, appellant, spoke in support of his appeal and stated that he had
put over $600,000 into this project thus far, following all decisions by the
various review bodies and staff although he continually received conflicting
advice. He will do whatever is necessary for processing this application
but urged that whatever decision was made, something that he can feel
confident that is not going to change halfway through. He clarified that when
he initially came to the City, it was not his intention to build residential.
He was told by staff that there was a housing imbalance, a residential
shortage of some 5,000 homes and that he work his project to include a
residential proposal. He stated that at this time he was asking for
continuance in order that the four Councilmembers would have a chance to
review and identify exactly what they wanted to see in this project. He would
be willing to go back and work it out. He did not have a strong feeling about
what type of development should occur on this project, only that he wanted to
be able to develop it and he wanted staff to understand what the Council's
wish was.
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City Council Minutes Page 6
Wednesday, November 7, 1990 - 7:00 p.m.
Bert Forbes, representing his mother -in -law, who owned property adjacent to
the Orcutt II proposal, and speaking as a business owner with business
interests on Miguelito Court, urged the Council not to rezone the property as
he felt there was insufficient amount of light manufacturing and industrial
land available. He thinks it is an excellent economic base to the community
and the City would err to rezone it.
Lynn Cooper, representing Marylin Stickler, one of the owners of Orcutt I,
spoke in support of her appeal.
Charlie Senn, 2840 E1 Cerrito Court, representing the applicant of Orcutt I,
also supported the request for R -3 rezoning.
Mayor Dunin declared the public hearing closed.
Mayor Dunin felt that these proposals needed additional review by staff and
the applicants. He was not prepared to make a decision on them this evening
as there seemed to be too many issues that needed discussion.
Councilwoman Pinard felt she could easily support the request for rezoning to
residential, She was upset that the Fire Department was expressing its
concerns so late. She could support both appeals and would look at Orcutt II
for mixed use.
Councilman Roalman could not support the appeals. He was concerned about the
potential hazards and preferred to see them stay in manufacturing.
After discussion, moved by Pinard / Dunin to adopt the resolution upholding the
appeal and approving the proposal to amend the General Plan Land Use Map GP /R
1454 Orcutt I, and to introduce the ordinance to print rezoning 761 Orcutt
Road from C -S -S and M to R -3 -S.
After additional discussion, motion was tabled.
Moved by Pinard/Dunin (2 -2 -1, Councilmembers Rappa and Roalman voting no,
Councilman Reiss absent) to conceptually approve the appeal on Orcutt I.
Motion failed to pass.
Moved by Raova /Roalman (2 -2 -1, Councilmembers Pinard and Dunin voting no,
Councilman Reiss absent) to adopt the resolution denying the appeal on Orcutt
I, and refer this item to the Planning Commission to consider discussion for
the General Plan Update. Motion failed to pass.
9:15 p.m., Mayor Dunin declared a recess; 9 :30 p.m., City Council reconvened,
all Councilmembers present, except Councilman Reiss who had stepped down from
this item.
Moved by Dunin / Pinard (3 -1 -1, Councilwoman Pinard voting no, Councilman Reiss
absent) that the project (Orcutt i) be left -in a pending status to be brought
back to the Council within 60 days after additional report by staff. Motion
carried.
Moved by Roalman/RBADa (3 -1 -1, Councilwoman Pinard voting no, Councilman Reiss
absent) Resolution No. 6893 adopted denying the appeal (Orcutt ii).
Councilman Reiss returned to the dais.
3. GENERAL PLAN AMENDMENT 6 REZONING GP /R 1492 (File No. 463)
Council held a public hearing to consider a Planning Commission recommendation
to approve a request to change the General Plan Land Use Element map from
tourist commercial to service - commercial /light - industrial and to rezone from
C -T to C -S, for a vacant 2.3 acre parcel located at 12350 Los Osos Valley
Road; Victor 8 Victor Investments, owner; Spring BMW /Toyota, applicant.
City Council Minutes Page 7
Wednesday, November 7, 1990
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council 1) adopt a resolution approving the negative
declaration of environmental impact, with mitigation, and to amend the General
Plan Land Use Element from tourist- commercial to service - commercial /light
industrial, and 2) introduce the ordinance to print to rezone from tourist -
commercial (CT) to service- commercial with special consisderations (CSS)
requiring Planning Commission approval for any use other than a car
dealership.
Mayor Dunin declared the public hearing open.
Brian Starr, representing Spring Toyota, spoke in support of the application.
Mayor Dunin declared the public hearing closed.
Moved by Ravna /Reiss (5 -0) Resolution No. 6894.was adopted approving the
negative declaration and amending the LUE from tourist = commercial to service -
commercial /light - industrial, and Ordinance No. 1181 introduced to print to
rezone from tourist - commercial (CT) to service - commercial with special
considerations (CSS), requiring Planning Commission approval for any use other
than a car dealership.
4. APPLE FARM USE PERMIT (File No. 407)
Council held a public hearing to consider extending a use permit allowing a
208 mixed -use parking reduction, with three added conditions, at 2015 and 2121
Monterey Street (Apple Farm); Bob Davis, owner (previously discussed on
9/4/90).
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution extending the use permit
allowing a mixed -use parking reduction with three added conditions: 1) that
the Apple Farm prepare and implement a.trip reduction plan, 2) that the
applicant submit an off -site parking agreement, and 3) that all prior and
added conditions (with Condition 5 amended) be met within 45 days.
Mayor Dunin declared the public hearing open.
Bob Davis, applicant, spoke in support of the continued approval of the use
permit.
Brett Cross, 1217 Mariner's Cove, felt the parking problem still had issues to
be resolved.
John Kellerman, 1180 Madonna Road, expressed concerns that employees were not
allowed to park in the Apple Farm parking lot, and were taking important,
needed parking spaces on the street.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Pinard /Roalman (4 -1, Councilwoman Rappa
voting no) Resolution No. 6895 adopted to extend the use permit with the three
added conditions as recommended by staff.
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BUSINESS ITEMS
5. PUBLIC ART SELECTION (File No. 477)
Council held a public hearing to consider the public art selection for the
Palm Street Parking structure.located at 842 Palm Street.
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City Council Minutes
Wednesday, November 7, 1990 - 7:00 p.m.
Page 8
Deb Hossli, Administrative Analyst, reviewed the agenda report with the
recommendation that Council, 1) confirm the selection of copper palm tree
sculptures created for the Palm Street Parking Structure, and 2) authorize the
City Administrative Officer to enter into a contract with the artist for an
amount not to exceed $9,000.
Mayor Dunin asked for public comment.
Andrew Merriam spoke in support and stated he was available for questions.
After brief discussion, moved by Roalman /Pinard (3 -2, Councilmembers Reiss and
Dunin voting no) to confirm the selection of copper palm tree sculptures
created by Robin Smith and Randy Augsburger and to authorize the
City Administrative Officer to enter into a contract (A- 142- 90 -CA) with the
artists not to exceed $9,000 as recommended.
6. PROPERTY ACQUISITION - EMERSON SCHOOL (File No. 165)
Council considered accepting the proposed mitigated negative declaration of
environmental significance and approving the purchase of the Emerson School
site located within the City block surrounded by Pismo, Beach, Pacific and
Nipomo Streets, including recommendations for site development.
Mike Dolder, Fire Chief, reviewed the agenda report with the recommendation
that Council take three actions, a) by motion, accept the proposed mitigated
negative declaration of environmental significance for the replacement of the
former Emerson Elementary School with a Fire Station and offices, b) adopt a
resolution approving and authorizing the Mayor to sign the purchase and sales
agreement for the acquisition for the Emerson School site with San Luis
Coastal Unified District in the amount of $2,640,000 and declare the City's
intention to reimburse the cost of property acquisition from proceeds of tax
exempt bond financing, and c) by motion, direct staff to begin design and
planning activities for the relocation of Fire Station No. 1 and Recreation
Administrative Offices (alternative 3 in the staff report).
Councilmember Reiss and Mayor Dunin urged that the plans for the Senior Center
be looked at for this site as well.
After brief discussion, moved by RaoDa /Roalman (4 -1, Mayor Dunin voting no),
to a) accept the proposed mitigated negative declaration of environmental
impact for the replacement of the former Emerson Elementary School with a Fire
Station and offices, and b) adopt Resolution No. 6896 approving the purchase
and sales agreement (A- 145- 90 -CC) for the acquisition of the site with San
Luis Coastal Unified School District in the amount of $2,640,000, and declare
the City's intention to reimburse the cost of property acquisition from
proceeds of tax exempt bond financing.
Moved by Roalman /Ranna (3 -2, Councilmembers Reiss and Dunin voting no) to
direct staff to begin design and planning activities for the relocation of
Fire Station No. 1, and to report back with further study for other uses on
the property.
10:45 p.m., there being no further business to come befor the City Council,
Mayor Dunin adjourned the meeting to Monday, November 9, 1990 at 9:00 a.m.
APPROVED BY COUNCIL: 12/18/90
PV:nlo am Voges,/ "ty Clerk
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