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HomeMy WebLinkAbout01/23/1996, C-1 - MINUTESMEETING AGENDA M I N U T E S DATE ..&.a?, 96 ITEM 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY, JANUARY 4, 1996 - 7:00 P.M. CITY HALL - COUNCIL CHAMBER - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Kim Condon, Assistant City Clerk; Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, John Moss, Utilities Director, Keith Opalewski, Parking Division Manager; Harry Watson, Transportation Manager Mayor Settle presented a proclamation to Felton Ferrini in appreciation of his gift deed presented to the City of an approximately 4-acre parcel adjacent to Highway One. PUBLIC COMMENT P.C.1. Walter Schroeder, San Luis Obispo, asked Council to include funds for upgrade of the Andrews Alisal Drain in the 1996 budget. CONSENT AGENDA Moved by Williams /Romero to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried ("). C -1 COUNCIL MINUTES (CONDON) Tuesday, December 5, 1995 at 7:00 p.m; Tuesday, December 12, 1995 at 12:00 p.m.; Tuesday, December 12, 1995 at 7:00 p.m.; and Tuesday, December 12, 1995 at 9:50 p.m. Moved by Williams /Romero to waive oral reading and adopt minutes as amended; motion carried (6-0)• C -2 TIME EXTENSION - TRACT 2139 (File No. 410) e-1 —L1 City Council Meeting Page 2 Thursday, January 4, 1996 - 7:00 p.m. Council considered a one -year time extension for filing the final map for Vesting Tract Map No. 2139, a 9 -unit residential condominium project at 533 Pismo Street; Derek Eastwood, subdividerlowner. Moved by Williams /Romero to adopt Resolution No. 8474 approving the one -year time extension; motion carried (5 -0). CS TIME EXTENSION - TRACT 1827 (File No. 410) Council considered a one -year time extension for filing the final map for Vesting Tract Map. No. 1827 (Fairview Station), an 18 -unit residential condominium project proposed at 2175 Florence Avenue; Rick Porter, applicant/representative. Moved by Williams /Romero to adopt Resolution No. 8475 approving the one -year time extension; motion carried (5 -0). C-0 MID - MANAGEMENT MEMORANDUM OF AGREEMENT (File No. 627) Council considered approving the Memorandum of Agreement (MOA) between the City and the Mid - Management/Confidential Employees' Association forthe period January 1, 1996 through December 31, 1996. Moved by Williams /Romero to adopt Resolution No. 8476 approving MOA; motion carried (5 -0). C-5 PAYMENT DISBURSEMENT AND RECEIPT AUTHORITY (File No. 202) Council considered updating the disbursement and receipt authority to reflect changes in position titles. Moved by Williams /Romero to adopt Resolution No. 8477 updating payment disbursement and receipt authority; motion carried (5 -0). C-0 FINAL MAP APPROVAL —TRACT 2084 (File No. 410) Council considered final map approval for Tract No. 2084, a commercial condominium conversion subdivision at 3523 S. Higuera Street; William Portzel, subdivider. Moved by Williams /Romero to adopt Resolution No. 8478 approving final map; motion carried (5 -0). C -7 REZONING - 791 ORCUTT ROAD (File No. 462) Council considered giving final passage to an ordinance making certain findings, adopting a negative declaration, and rezoning the parcel at 791 Orcutt from Manufacturing (M) to Service - Commercial Special Consideration (CS -S); Marilyn Stickler, applicant. (Continued from 1215195.) Moved by Williams/Romero to give final passage to Ordinance No. 1290; motion carried (5 -0). C-8 DESIGN SERVICES - BUS MAINTENANCE FACILITY EXPANSION (File No. 96 -01A) Council considered awarding a contract to RNUlnterplan, Inc., in the amount of $35,000 for "Design Services: Bus Maintenance Facility Expansion Project," Specification No. 96 -01A. e-- /' oZ City Council Meeting Thursday, January 4, 1996 - 7:00 p.m. Page 3 Moved by Williams/Romero to award contract, authorize the City Administrative Officer to execute contract documents, and appropriate an additional $11,000 in federal grant revenue and state subventions to the project account; motion carried (5 -0). C-9 DRUG AND ALCOHOL TESTING POLICY (File No. 626) Council considered approving a drug and alcohol testing policy. Moved by Williams /Romero to adopt a Resolution No. 8479 approving policy with updated attachment A deleting fire position from the "Covered Employee" classification; motion carried (5- 0). Al. COUNCIL SUBCOMMITTEE ASSIGNMENTS (File No. 123) Council considered the Council Subcommittee appointments to City advisory body committees and County boards and commissions for calendar year 1996. Moved by Roalman /Smith to approve appointments; motion carried (5 -0). COUNCIL LIAISON REPORTS There were no Liaison Reports. PUBLIC HEARINGS 1. UNDERGROUND DISTRICT 12 (File No. 563) Council held a public hearing to consider the formation of Underground District 12 (Jennifer /Osos Streets at SPRR). (Continued from 11/21/95.) Mike McCluskev, Public Works Director, briefly reviewed the action taken at the November 21,1995, meeting when the ordinance was introduced. Mayor Settle opened the public hearing. No one spoke. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to give final passage to Ordinance No. 1289 establishing Underground District 12; motion carried (4 -1, Council Member Romero voting no). 2. PARKING MANAGEMENT PLAN (File No. 550) Council held a public hearing to consider the revised Parking Management Plan. Mike McCluskev, Public Works Director, commented briefly before turning the microphone over to Keith Opalewski. 0 -/ -3 City Council Meeting Page 4 Thursday, January 4, 1996 - 7:00 p.m. Keith Opalewski, Parking Manager, reviewed the Parking Management Plan highlighting the recommended changes. Council discussed the deletion of Section 4.4. Mayor Settle opened the public hearing. Tom Fulks. Regional Ride -Share Program and Regional Transit Authority, said he was relieved that Council concurred on the deletion of Section 4.4 and suggested that the City adopt a policy for use of currently existing parking spaces owned by private business. Pat Veesart, Sierra Club Chair, urged the Council to proceed with the Alternative Transportation Study immediately and expressed concern that the negative declaration was overly optimistic and mitigation measures need to be identified on daytime parking impacts. John Ewan, San Luis Obispo, communicated his apprehension over the increased traffic impacts that would be generated by new parking structures. Mike Spangler, BIA, said elimination of metered parking spaces in the downtown represented a severe financial loss for the BIA Parking Program and that every space eliminated by the City should be compensated to the BIA. Eugene Jud. San Luis Obispo, felt more public discussion was needed on what the City's transportation needs will be in the future. Mayor Settle closed the public hearing. After discussion, moved by Williams /Romero to adopt Resolution No. 8480 approving revised plan as amended to change Section 2.3 to indicate use of the Palm Street garage by commercial core employees, deletion of Section 2.11, modifying Section 4.3 to specify "parking structures purchased by the Parking Fund, deletion of original Section 4.4, new Section 4.4 to set policy declaring that surface parking lots should be located along the periphery of the commercial core, and addition of Section 4.5 for development of a program to encourage use of underutilized parking lots in the commercial core; motion carried (5 -0). 3. APPEAL - WATER & WASTEWATER IMPACT FEES (File No. 407) Council held a public hearing to consider an appeal by the San Luis Obispo Council of Governments of water and wastewater hook -up fees for the Amtrak San Diegan Layover Facility; SLOCOG, applicant. John Moss. Utilities Director, summarized the basis for the appeal and the Utilities Department's position. Mayor Settle opened the public hearing. Steve Devencenzi, the appellant representing the San Luis Obispo Council of Governments, said that SLOCOG has invested a great deal of money in improvements to the facility, and that the impact fees had been waived by the Cities of Grover Beach and Paso Robles. He also said that If SLOCOG had to pay these impact fees, $50,000 would not be available for the Jennifer Street bridge. e —/— d/ City Council Meeting Thursday, January 4, 1996 - 7:00 p.m. Mayor Settle closed the public hearing. Page 5 After discussion, moved by Roalman /Smith to uphold appeal for waiver of water and wastewater impact fees; motion carried (5 -0). 4. HALF FARE REQUIREMENTS FOR SLO TRANSIT (File No. 544) Council held a public hearing to consider offering a half price cash fare for seniors (62 and over), and people with disabilities and individuals presenting a medicare card. Ham Watson. Transit Manager, explained that one of the requirements to retain eligibility for Formula Grants from the Federal Transit Administration was compliance with half fare requirements for seniors and those with disabilities. Mayor Settle opened the public hearing. There was no comment. Mayor Settle closed the public hearing. After discussion, moved by RomeroWilliams to establish half price transit farebox rates; motion carried (5-0). S. NOMINATION TO MASTER LIST OF HISTORIC RESOURCES (File No. 457) Council held a public hearing to consider a Cultural Heritage Committee recommendation that the property at 1511 Morro Street to added to the Master List of Historic Resources; Kelly Moreno and Ann McMahon, owners. Arnold Jonas. Community Development Director, briefly reviewed the basis for the Cultural Heritage Committee's recommendation to add this property to the Master List. Mayor Settle opened the public hearing. No one commented. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to adopt Resolution No. 8481 adding 1511 Morro Street to the Master List of Historic Resources; motion carried (5 -0). COMMUNICATIONS Comm. 1. Assistant City Administrative Officer Ken Hamnian asked if the Council was interested in receiving a briefing on February 6, 1996, by SLOCOG on the proposed Cuesta Grade improvement project EIR, and subsequently taking action on March 5, 1996. (General consensus.) Comm. 2. Council Member Roalman requested that Council schedule a public hearing on January 23,1996, to consider the People's Kitchen request for a temporary use permit to operate at the "Old Welding Shop" at Nipomo and Palm. (Consensus; Romero and Williams opposed.) City Council Meeting Thursday, January 4, 1996 - 7:00 p.m. Page 6 Comm. 3. Mayor Settle referenced a letter from the Mayor of the City of Temecula asking cities to adopt a resolution to recover state library funds that have been withdrawn. City Attorney already analyzing request. Comm. 4. Vice Mayor Williams said she felt it would be more appropriate for her to be in all future Homeless Services meetings. Comm. S. Council Member Smith informed Council that the Council Subcommittee to the Council Compensation Committee (Smith/Roalman) would be meeting next week to discuss formation of the committee. 9:10 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Tuesday, January 9, 1996, at 7:00 p.m. in the Council Chamber. APPROVED BY COUNCIL: Kim Condon, Assistant City Clerk KC:bv:dr C'% . MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 9, 1996 - 7:00 P.M. CITY HALL - COUNCIL CHAMBER - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Kim Condon, Assistant City Clerk; Arnold Jonas, Community Development Director, John Mandeville, Long Range Planning Manager; Glen Matteson, Associate Planner; Ron Whisenand, Current Planning Manager; Pam Ricci, Associate Planner There were no public comments. PUBLIC COMMENT PERIOD LIAISON REPORTS L.R.1. Vice Mayor Williams reported that she had attended the Homeless Services Center meeting on Monday and that great progress was being made in obtaining funding for the Center's construction and program. L.R. 2 Vice Mayor Williams summarized issues that had been addressed earlier in the day at the BIA Board meeting. STUDY SESSION 1. PREFUMO CREEK HOMES /EMERALD HILLS HOMESPROJECTS (GREENBELT PROTECTION (File NO. 463) Council considered the Prefumo Creek Homes /Emerald Hills Homes proposals including whether to continue to process the pending application for the Prefumo Creek Homes project, and Indication if Council would consider an amendment (if requested) to the Land Use Element to designate as Low Density Residential, and to include within the urban reserve, the Emerald Hills project, an area somewhat smaller than what the element now shows as Suburban Residential. Also under consideration was, for additional flexibility in dealing with proposals at the City's edge Involving development plus open space protection, initiating an amendment to the Water and Wastewater Management Element so water supply and sewage treatment capacity will be available for potential minor enlargements of the urban reserve. Arnold Jonas. Community Development Director, opened with an overview of how Interest in these two projects had developed and their current status. e .� /, / City Council Meeting Page 2 Tuesday, January 9, 1996 -7:00 p.m. Glen Matteson, Associate Planner, summarized the staff report highlighting key issues under consideration. Mayor Settle opened the floor to comment from the audience. George Smith, speaking on behalf of Prefumo Canyon, introduced into the record a letter outlining the ten key reasons to go forward with the processing of the Prefumo Homes project. Christine Mulholland, speaking on behalf of several property owners in the area, introduced into the record documents supporting her position that the Prefumo Canyon site was not a good one for development due to Inconsistencies with several major City policies. She also expressed concem over a possible conflict of interest due to a Community Development Department planning manager's spouse's employment with a firm representing the project. Jim McGillis a surveyor with San Luis Engineering on the Emerald Hills project, said the project had not made an annexation request to the City and that the owners were not open to It. Bob Hathe r. an owner of the Emerald Hills project, confirmed that there was no interest on his part to be annexed into the City. Gil Hoffman Capistrano Court, said that the property that is expected to be donated to the City as open space is undevelopable land that will always be open space, and that by taking possession the City would be gaining nothing in the way of open space, but would be gaining liabilities. Dan Lloyd. Engineering Development Associates (EDA), the engineers and planners for the Prefumo Homes project, urged the Council to consider the benefits of the project and proceed to environmental review. George Smith, for the project, responded to concems expressed earlier in the evening about the viability of the Prefumo Homes project, and questioned the assumption that what is open space today would always be open space. Mayor Settle retumed the discussion to the dais. During Council discussion of the proposed projects, there was dialogue between Council and the City Attomey regarding the acceptability of denying a development project prior to environmental review and the possibility of adopting a procedure to allow got this type of action. 2. PREFUMO CREEK HOMES ANNEXATION ENVIRONMENTAL SERVICES (File No. 463) Council considered approving a workscope for consultant services to provide an Environmental Impact Report (EIR) for the Prefumo Creek Homes Annexation Project (City Files: ANNX 26-95, ER 26 -95, TR 26 -95, GPIR 26 -95) proposed on a site located on the south side of Prefumo Canyon Road, near Castillo Court (1855 Prefumo Canyon Road). Amold Jonas. Community Development Director, asked that staff be allowed to disseminate the RFP in order to move ahead with selection of a consultant to prepare the EIR and proceed with processing of the request. Ron Whisenand, Current Planning Manager, and Pam Ricci. Associate Planner, were present to answer questions. Mayor Settl e asked for comment from the public. a-/-g City Council Meeting Page 3 Tuesday, January 9, 1996 -7:00 p.m. Sam Vigil. Castillo Court, pointed out that the provision for a licensed civil engineer to address water and wastewater concerns had been omitted from the section dealing with professional qualifications. Christine Mulholland suggested that any consultant group that employs anyone who is related to anyone working within the department, who would be overseeing those who would review the process, be eliminated. Mayor Settle returned the discussion to Council. Council discussion ensued, including comments by the City Attorney, City Administrative Officer and the Community Development Director, about a perceived conflict of interest due to the Long Range Planning Manager's spouse's employment with EDA, the planners for the Prefumo Homes project Moved by Smith/Williams to: A) approve workscope for consultant services to prepare an Environmental Impact Report (EIR) for the Prefumo Creek Homes Annexation Project, as amended to include a provision that a civil engineer be employed to address water and wastewater issues, and authorize staff to proceed with sending out Request for Proposal (RFP) documents to qualified consulting firms, after consultation with the applicant regarding his desire to proceed with the project; and, B) authorize the CAD to award the contract to a qualified consulting firm, contingent upon the developer depositing with the City the amount of the contract plus 30 %; motion carried (5 -0). Moved by Roalman /Smith not to proceed with processing the Emerald Hills project; motion carried (3-2, Council Member Romero and Vice Mayor Williams voting no). COMMUNICATIONS Comm. 1. Council Member Smith asked that staff be asked to develop and bring back a procedure where Council might look at a General Plan amendment process similar to that employed by the County. (Consensus; Williams and Romero opposed.) 9:05 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Tuesday, January 16, 1996, at 7:00 p.m. in the Council Chamber. APPROVED BY COUNCIL: KC:dr Kim Condon, Assistant City Clerk e —/—I MEETING AGENDA DATE _ ITEM # � CITY CLERK MEMORANDUM ZMMM:....::......:..... . ...........:.:.::.::.....:..... :t:::::: January 22, 1996 TO: City Council FROM: Kim Condon, Assistant City Cle SUBJECT: JANUARY 9. 1996 MINUTES - AMENDMENT Bob Hather, who spoke on behalf of the Emerald Hills Project during the January 9 meeting, picked up a copy of the draft minutes last week and also listened to a portion of the tapes from that meeting to review his comments. He called me this morning to say he disagreed with my account of his comments to the City Council. I listened to the tape and amended the minutes to indicate that, at one time, the Emerald Hills project had approached the City regarding annexation. This point was significant to Mr. Hather and he felt it should be included in the record. Although I do not think it sound general practice to allow the public to determine what the Clerk include in the minutes, there is an emotional side that has to be recognized. As a recording secretary, I try to be very sensitive as to what I record. Educated guesses as to what is important, relevant, and which are the key points expressed by an individual, have to be made. Because Mr. Hather felt it very meaningful to note that the project had been presented for annexation, I agreed that I would present this minor amendment to you. Attachment c: John Dunn Jeff Jorgensen Ken Hampian Arnold Jonas City Council Meeting Tuesday, January 9, 1996 -7:00 p.m. Page 2. Glen Matteson. Associate Planner, summarized the staff report highlighting key issues under consideration. Mayor Settle opened the floor to comment from the audience. George Smith, speaking on behalf of Prefumo Canyon, introduced into the record a letter outlining the ten key reasons to go forward with the processing of the Prefumo Homes project. Christine Mulholland, speaking on behalf of several property owners in the area, introduced into the record documents supporting her position that the Prefumo Canyon site was not a good one for development due to inconsistencies with several major City policies. She also expressed concern over a possible conflict of interest due to a Community Development Department planning manager's spouse's employment with a firm representing the project. Jim McGillis, a surveyor with San Luis Engineering on the Emerald Hills project, said the project had not made an annexation request to the City and that the owners were not open to it. Bob Hather, San Luis Obispo resident and an owner of the Emerald Hills project, said that as the development moved ahead under County approval, they had informed the City that they would be open to an annexation, however, are happy to go forward with the County. Gil Hoffman Capistrano Court, said that the property that is expected to be donated to the City as open space is undevelopable land that will always be open space, and that by taking possession the City would be gaining nothing in the way of open space, but would be gaining liabilities. Dan Lloyd. Engineering Development Associates (EDA), the engineers and planners for the Prefumo Homes project, urged the Council to consider the benefits of the project and proceed to environmental review. George Smith, for the project, responded to concerns expressed earlier in the evening about the viability of the Prefumo Homes project, and questioned the assumption that what is open space today would always be open space. Mayor Settle returned the discussion to the dais. During Council discussion of the proposed projects, there was dialogue between Council and the City Attorney regarding the acceptability of denying a development project prior to environmental review and the possibility of adopting a procedure to allow got this type of action. 2. PREFUMO CREEK HOMES ANNEXATION ENVIRONMENTAL SERVICES (File No. 463) Council considered approving a workscope for consultant services to provide an Environmental Impact Report (EIR) for the Prefumo Creek Homes Annexation Project (City Files: ANNX 26 -95, ER 26 -95, TR 26 -95, GP /R 26 -95) proposed on a site located on the south side of Prefumo Canyon Road, near Castillo Court (1855 Prefumo Canyon Road). Arnold Jonas, Community Development Director, asked that staff be allowed to disseminate the RFP in order to move ahead with selection of a consultant to prepare the EIR and proceed with processing of the request. Ron Whisenand, Current Planning Manager, and Pam Ricci, Associate Planner, were present to answer questions.