HomeMy WebLinkAbout08/16/1983City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 2
A -1 Mayor Billig stated that the Council had taken an action at its
meeting on Monday, August 15, 1983, to direct staff to prepare and file
necessary legal documents which was a petition for a writ of mandamus
against the California Mens Colony concerning their unwillingness to hold
additional public hearings for certification of the Environmental Impact
Report. In addition, she stated that the City of Morro Bay has joined with
the City of San Luis Obispo in this effort. She stated that a communication
from the Department of Corrections dated August 15, 1983, indicated that
they would be willing to meet with city officials but had no intentions of
holding any additional hearings.
C 0 N S E N T•.:C A L E N D A R
C -.1 COUNCIL MINUTES
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to approve
the minutes of Thursday, June 9, 1983 - 12:10 p.m. and Monday, June 13,
1983 - 12:10 p.m. as amended.
Motion carried, all ayes. Councilman Settle absent.
C -2 AGREEMENT FOR PROJECT MANAGER SERVICES
On motion of Councilman Griffin, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 5191. (1983 Series), a
resolution of the Council of the City of San Luis Obispo approving an .
agreement with Jearld G. Nielsen for construction consultant services as a
Project Manager for-several-major city capital projects (i.e., the.Corpora-
tion Yard and Swimming Pool) in the amount of $30 an•:. hour plus expenses
with authorization for Mayor to sign.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
-,
C -3 PLANS AND SPECIFICATIONS - STREET RECONSTRUCTION
On motion of Councilman Griffin, seconded by Councilwoman Dovey, plans and
specifications for "STREET RECONSTRUCTION IN CALIFORNIA BLVD. AND MILL
STREET INTERSECTION ";,-City Plan.Nos.-H29E' and H30P; bid estimates $28,000
and $16,000 respectively, without contingencies be approved with staff
authorized to advertise for bids and the City Administrative Officer
authorized to award the contract. Motion carried, all ayes. Councilman
Settle absent.
C -4 FEDERAL AID SYSTEM
On motion of Councilman Griffin, seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 5192 (1983 Series), a
resolution of the Council of the City of San Luis Obispo determining urban
limits and designating certain roads to ;be in the Federal Aid Urban System.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
C -5 SURPLUS PERSONAL PROPERTY AUCTION
On motion of..Councilman Griffin; seconded by Councilwoman Dovey, the
following resolution was introduced: Resolution No. 5193 (1983 Series), a
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 3
resolution of the Council of the City of San Luis Obispo declaring certain
personal property a surplus.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
On motion of Councilman Griffin, . seconded by_Councilwoman Dovey, the
following resolution was introduced: Resolution No. 5194 (1983 Series), a
resolution of the Council of the City of San Luis Obispo approving an
agreement with Golden West Auctioneers to conduct the auction.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
Council also agreed to the donation of three unclaimed bicycles to the
Community Mental Health Services (4 -0 -1).
Mayor Billig opened discussion by applicant's attorney as well as legal
representative of mobile home owners.
1. APPEAL OF MOBILE HOME RENT REVIEW BOARD DECISION
Council considered an appeal by La Cumbre Management Company, Inc., of a
denial by the Mobile Home Rent Review Board to allow a $20 per space rent
increase at Chumash Village Mobile Home Park (for this item please fee file
#428 and transcript dated August 16, 1983 prepared by Marla Baize of San
Luis Reporting. In summation the transcript includes testimony given by
both attorneys representing the tenants and the owners. Final decision
could not be discussed as Council had not been in receipt of the exhibits
as stated in the previous transcripts during the Mobile Home Rent Review
Board hearings.
After discussion, it was moved by Councilman Griffin, seconded by Councilman
Dunin, to continue the appeal to date uncertain to allow for the exhibits
and the transcript from tonight's proceedings to be received and reviewed.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
7:50 p.m. Mayor Billig declared a recess.
7:55 p.m. City Council reconvened, Councilman Settle absent.
P U B L I C H E A R I N G S
2. CURB, GUTTER AND SIDEWALK IMPROVEMENTS
Council held a public hearing to consider curb, gutter and sidewalk improve-
ments on portions of Islay, Osos, Murray and Santa Barbara Streets, where
more than 50 percent of.the block.is. already improved.
Wayne Peterson, City Engineer, reviewed council agenda .report (file no...533)
stating that 19 properties were affected and required the improvement as
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City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 4
required by the 1911 Act. One communication was received from property
owners, Norman and Mary Ann Johnson, for sidewalk requirements at 1206
Murray Street wherein they request four foot sidewalks rather that a six
foot sidewalk. Staff's recommendation was that Council modify the list if
so desired in response to the public's presentation and then direct staff
to proceed with the improvements.
Mayor Billig declared the public hearing open.
Bill Gardner, owner of property at 1275 Murray Street on the corner of
Murray and Hathway, requested a six -month time extension to have the
improvements completed so that he could finish the design as to where the
driveway would be placed.
Ken'Power, 1213 Murray Street, also asked for a six -month time extension in
:order to allow him to do the work himself, as he was in school at this time
and would be unable Co have it done as currently required.
Upon question, Wayne Peterson, stated that staff had no problem with either
of the two time extensions and would also support the Johnsons' request for
the four foot sidewalks.
Mayor Billig declared the public hearing closed.
On motion of Councilman Dunin, seconded by Councilman Griffin, that improve-
ments recommended by staff on portions Islay,'Osos, Murray and Santa
Barbara Streets be approved with amendments that six -month time extensions
be allowed for properties at:.1213.and 1275 Murray Street and amendment to
property'at 1206 Murray Street to provide for four foot sidewalks rather
than the original six foot requirement.
Motion carried on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
3. TIME EXTENSION FOR TRACT 896
Council held a public hearing to consider a Planning Commission recommenda-
tion to deny a 12 -month time extension to submit final map for Tract.896
creating a 102 -unit residential condominium located at 251 Margarita
Avenue; R -2 -S zone; RDI Corporation, subdivider.
A. 7.
Toby Ross, Community Development Director, briefly reviewed the Council
agenda report (file #410 -896) stating that the Planning Commission had
reviewed the request and on a 5 -1 vote recommended it be denied subject to
the findings and conditions listed in the resolution. Staff was also
supportive of the recommendation.
Mayor Billig declared the public hearing open.
No one spoke for or against the proposed denial.
Mayor-Billig stated that she had received information this evening that
neither the applicant, his representative, or his attorney intended to
' speak to this matter.
Mayor Billig declared the public hearing closed.
On motion of Councilwoman Dovey,:seconded by Councilman Griffin, the
following resolution be introduced:. Resolution No. 5195 (1983 Series), a
resolution of the Council• of the:City of San.-Luis Obispo denying time
extension for Tract 896 located at 251 Margarita Avenue subject to the
findings and conditions narrated in the resolution.
Passed and adopted on the following roll call vote:
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 5
AYES: Councilmembers.Dovey, Griffin, Dunin.and Mayor Billig,
NOES: Norte
ABSENT: Councilman Settle
4. FINAL MAP APPROVAL FOR TRACT 996
Council held a public hearing to consider a resolution granting final map
approval for..Tract.996 creating.-a.5-lot residential subdivision located at
675 Lincoln Street,.R -1 zone; Ray Bunnell, subdivider.
Wayne Peterson, City Engineer, reviewed the council-agenda report-(file #
410 -966) stating that the final map had been reviewed, all conditions had
been-met or were guaranteed, including necessary bonds and fees...Staff was
recommending..that Council adopt.the.resolution to approve the final map
with the Mayor authorized to execute.the subdivision agreement.__
Mayor.Billig declared the public hearing open.
No one spoke for or against the final map.
Mayor Billig declared the public hearing closed.
On motion of Councilman Dunin, seconded by Councilwoman Dovey,.the following
resolution was introduced: Resolution No. 5196 (1983 Series), a resolution
of the Council of the City of San Luis Obispo approving the final,map,for
Tract 996 subject to the findings.and conditions listed therein with Mayor
authorized to execute the subdivision agreement as recommended. . .
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
8:10 p.m. Mayor Billig declared a recess.
8:25 p.m. City Council reconvened, Councilman Settle absent.
5. GENERAL PLAN.AMENDMENT /REZONING;GP /R 1071.AND_PD 1072 (SAN LUIS MALL)
A. Council held a public hearing.to consider an appeal by Trojan.
Enterprises of a decision by the Planning Commission denying request to
rezone property at 353 Madonna Road from C /OS -20 to C -R -PD and.preliminary
development plan for an enclosed mall shopping center and to.amend:the Land
Use Element map to change the designation of approximately 6 acres from
Medium - Density Residential Arid. Public Facility to Retail Commercial..
B. Council also held a hearing to consider a Planning Commission
recommendation to approve the draft Environmental Impact Report for the
proposed mall located at 353 Madonna Road.
Mayor Billig explained the procedure that would be followed on this hearing
stating that no final action would be taken but.rather only a consensus as
to how the Council feels, with.additional direction. It was her opinion
that the Planning Commission should review the project.prior to Council
taking a final action as they had not seen the proposed scaled -down project.
She also felt the ARC should be,reviewing the project.and emphasized.to the
Council that a decision need not be rushed into on this item. She suggested
that: 1) more input be given from both Commissions; 2) detailed final
development plan; 3) a signed. agreement.from,Trojan Enterprises be made
with the anchor department store and submitted to the Council before final
action. This information would be kept confidential; 3) complete,and
finalize the development plans, seeing that they were thoroughly reviewed
by all Commissions and the Council.
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 6
Toby Ross, Community Development Director, reviewed the Council agenda
report (file no. 416, a report.consisting of .16 pages) reviewing:the
recommended actions. Council should take a consensus to certify the final
Environmental Impact Report and consensus as to the recommendation for
approval of.the general plan amendment- and..planned development rezonings
with:findings• and conditions. He stated that Mark Popenoe.from Earth
Metrics was also available for questions concerning the Environmental
Impact Report. He then reviewed the scaled -down version of the project
which,.initially,.was approximately 300,000 sq. ft: and was.now between
200,000 to 250,000 sq. ft.
.Upon question he stated that staff felt that•the responses.made as to the
accuracy'of the Environmental Impact Report were adequate and could be
supported.
- Mayor.Billig,declared the public hearing open.
Bill Bird, president of Trojan Enterprises, stated he had worked with the
city in good.faith for over two years on this project.. He .reviewed the
Planning Commission's action.stating that only•five.members had been
present: Three were in support, the other two were in favor but needed
additional information. He would hope a consensus could be reached because
they were under some time constraints and were anxious to move the project
along. He reviewed the differences between the original proposal submitted
at 300,000 sq. ft. which included two anchor.stores to,the scaled -down
-version'and the limited placement of.the project because of the power lines
and-.the flood zone. After the denial was reached by the Planning Commission,
he- :met -again with staff; and it was suggested that-some of their concerns
could:.be met with the abandonment:of a..portion of.Calle Joaquin. •.It would
mean-an7 additional agreement-. with -the-adjacent.property owner but he did
not see that to be a problem. :He - stated;;that Gottchalk's was still inter -
ested ;in being the major department store but,.he could not guarantee a
written contract as the store was waiting .to see:if the city could support
such a center. He-stated that Mr. Blum,:one:of the owners, was-prepared to
talk to the..city relative•to:the situation. He explained some of the
amenities, the eating area adjacent to Gottchalk's and the tie -in of.the
other'.end with Sears. He stated the ARC had given conceptual approval of
the architectural plans, and that Trojan Enterprises had retained a well -known
design firm from the Los Angeles area for this purpose. One design that
was:generated from this-was-more individualized store fronts,by having them
jut out at different angles. He stated -that-in all of his discussions with
various city citizens, he had received an overwhelmingly 99 percent in
favor.of the mall.-:
Councilman Griffin commented that he appreciated the very responsible and
professional manner in which.Trojan Enterprises had conducted themselves,
not doing any lobbying with individual Councilmembers.
Boyd Hart, 1239:Coral Street,.read a prepared statement into the record
stating that he felt the city had a fine tourist shopping area.in the
downtown; however, those prices were not.competitive for year -round residents.
He had.-lived-,here since 1958:, He-felt the proposed center was needed and
felt sure:that,if.it-.was placed- on.the ballot; it would.receive overwhelming
support... .
Doug warschauer, owner of Et Cetera, stated his opposition to the proposed
mall. He felt the EIR was a.disappointment in'that it.was•a:manipulation
of the data available. There were no true surveys conducted in the EIR.
The demographics- did -,not take into.account.the , types:of residents.that
would be patronizing the mall such as those living in Cambria, Avila Beach
and Pismo Beach. The P.G.& E. lines over the parking lot area was a safety
factor not addressed.. Also, there was already,a:Thrif.ty Drug in Madonna
Plaza and another drug store•was.not necessary; especially: as- an.additional
one is planning-to be placed at.the corner of Los Osos Valley Road and
Madonna Road and the loss of one downtown. He felt the space was inequitable.
The parking issue should be resolved before the mall issue. He felt the
arguments with regard to tourism in the downtown were a myth..,: :,.,
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m..
Page 7
Gary Label, 228 North Chorro Street,.also. spoke . in opposition to the
proposed mall. He disagreed that the majority of the people wanted to see
one come into this area. He felt it would be too destructive to the
downtown -and that the more appropriate place for a mall would be-at-Broad
and Nipomo with one anchor store and Rileys as the:other anchor store at
the far end. This was especially true if the parking structure goes
through.
Russ Johnson, property owner but not -a resident in.the'city,.spoke-iri
support of the mall. He had taken aerial photos -of the - Madonna Plaza when
Mervyns first opened and it was obvious that people wanted such a department
store and would be willing to park out on unpaved lots and anywhere else in
order:to do their shopping in a major department store... He did.not.feel
the issue of competition downtown should be a problem. He had also.moved
to this area many years ago, had plenty of competition; and it only made
him money. He felt the Council should listen to the people..and;allow'the
mall to be built.
Fred Tarwater; 609 Islay Street, felt that the downtown had not been
expanded in years.and, therefore; he would support and urge.the Council's
support for a mall. This would help to provide jobs badly needed in-this
area. He felt that the - economic base.was weak and would urge the Council
to "Go For It ".
Frank Sheahan, President .. of the Chamber of.Commerce and resident:'at 1720
Fixlini Street, stated'that.the:Chamber.of Commerce_was.strongly in.support
of the parking.structure and the mall. They find a.strong_need for.additional
retail space, regional in nature.. The Chamber's Retail Committee felt it
would substantially add to San Luis Obispo's regional drawing power, tax
revenues, add employment -and decrease retail leakage to.other communities.
They did not feel the mall would harm the downtown.retail core area.but
rather help them bring more shoppers to this community. They felt that San
Luis Obispo was losing its status as the retail hub of the County. This
recommendation came from the Chamber Board'of Directors and.Retail Committee. ,
Upon question, he stated they had'not supported the original.proposal.for
300,000 sq. ft. but could support a mall with sq. footage:between.200,000
and 250,000 sq. ft. with one ainchor'store and including the..abandonment of
Calle Joaquin.
Councilwoman Dovey questioned the amount of input actually received from
Chamber members to these. committees.
Dave Garth, Executive Director of the Chamber of Commerce,.stated. that the
proposal was a very complex one and that several committees had studied it
for over two and•one -half years and is a difficult proposal to bring before
the membership for a simple yes /no answer.
Ken Porche, resident, property owner and businessman in the downtown, spoke
in opposition to the proposed,mall. He was concerned if San Luis Obispo
was truly in a position to absorb this expansion in view of the others that
are proposed at Foothill, South Higuera, Laguna Lake -and downtown. He felt
a great deal of sq. footage has already been approved by previbus.Councils
and this Council and that it could hurt.other possible expansions that have
been discussed such as the one proposed by Alex Madonna. He would-hope the
Council would keep these other projects in mind in making their decision.
Mayor Billig declared the public hearing closed.
Councilman Griffin requested response to the accumulative effect of the
other proposed centers.
Toby Ross, Community Development Director, stated this question had:been
raised at the Planning Commission level and that.the impacts had been
evaluated and judged not to be so significant as to cause -a hardship in the
downtown.
Councilman Griffin also asked staff if in their judgment the EIR was.
adequate.
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 8
Toby Ross stated that the data were felt to be sufficient.
'Mark:Popenoe responded that they had used the State Board of Equalization's
statistics for their data with primary concerns to be: 1) recapture sales
leakage; 2) market captured; and 3) analysis of the regional retail growth
-,in--and out.of.the County:
Councilman Dunin questioned what assurances the city might have with regard
to the gravitation of.people:going to another mall as is currently under
consideration and if there was an example of any mix that would complement
each other with a mall downtown versus the San Luis Mall.
Mark Popenoe explained that competition itself would be a factor'in limiting
duplication downtown. An adequate regional market exists and all figures
are on the conservative side. He paraphrased a statement by Mr. Bird that
they would make every attempt to encourage an exciting mix to attract
.regional retailers.
Councilman Dunin questioned Mr. Bird regarding the center in Atascadero and
the seepage effect that represents.
Mr. Bird'stated that there are basically three.kinds of:shopping centers:
1) convenience center (20- 30,000 sq.-ft) with no anchor store; 2)'a neigh -
borhood.shopping.center (drug store,.market); and 3) regional mall as
presently suggested. He felt that these centers do not typically compete;
therefore, the one proposed in the Laguna Lake area would not be under a
high volume of competition. He.also'stated he intended to own and operate
the-mall himself for-.many years.,,
Upon question by Councilman Dunin.as to-:whether or::not
work to-complement each other through a`_joint. program;
were-.looking at a transportation system.between the tw
has-.an.established.nucleus already with'the use of'the
office buildings, wherein the Plaza is in a much worse
establishing new trade...
.Council then reviewed the Environmental -Impact Report.
the- .project.could
Mr. Bird--stated they
areas. The downtown
County and City
position as far as
Councilman Griffin stated that he felt'the EIR addressed previous concerns
made in-an:adequate manner and the document satisfied his concerns as well.
He would; therefore, support certification -of the EIR. ..
Councilman Dunin would:: alsorsupport :the:•EIR.,as:recommended.
Councilwoman Dovey could not support it.for several reasons: 1) Circulation:
The EIR states that the project is expected to attract people living
outside the city: How -does:that relate to the .statement that a bus is
needed to transport individuals from downtown out to the plaza and back
again? :,2) Subsidizing- .ofr-the- buses °would:hive to::be better:addressed: 3)
Can --Routes;_2.and -4 accommodate.the-2projected 150 additional - .riders: -4) She
was concerned-with the impact of -.the off -ramp at.-.Los Osos Valley.Road. Cal
Trans had no intention of any mitigating measures at this time. 5) A cost
benefit study should be made on Calle Joaquin should it be abandoned. 6)
Can--the city pay the. 60 to 80 percent to-widen Madonna:Road...7) The..impact
on_•the:locil streets-because.-of the people skipping Madonna Road and taking
Los-Osos Valley Road to avoid traffic at the shopping center, 8) How air
quility,iwill.be affected::in relationship.'to_drivers from the-north county.
She- did - not- feel:,the cumulative: impacts were addressed. --I)--Economic
Impacts: what:happens:_if.:there.:is no;: parking _?structure.downtown.. -10)
Sales-:Tax: :the:.city now only receives one:!cent out'of every six cents the
State-.collects:•and.what:is there to prevent the.State from taking.even that
away;-which would-.mean that no additional sales.tax would be received if a
mall came in. 11) She would like to see more consistent information. 12)
The.EIR_ alludes to.the fact that:the,:locals are: not going to be using the
mall. As the strategic planning program will be answering much of this, it
may be-worthwhile•!to wait for.it•to:come to the Council.
ol
Mayor Billig•.agreed.that:.the EIR was:one- of•the most:inadequate she had
ever seen. The economic approach taken was inadequate for a design-of this
City Council Minutes -
Tuesday, August 16, 1983 - 7:00 p.m..
Page 9
magnitude. She.felt traffic.and circulation aspects -were
concerned that if any archeological finds were made, the
pay: The aesthetics had not been well-addressed-either;
seethe-impacts as they.would relate to the project being
project being built. She would, however; support the EIR
city could mitigate each of these concerns but wanted the
carefully respond to hers and Mrs. Dovey's remarks.
Consensus was reached as to-adequacy-and-certification of
REZONING
.weak. She..was
developer should
She would like to
built vs: •no
as she felt the
consultants,to
the EIR.I(3 -1 -1).
Councilman Dunin.stated that•he.was.not..completely happy with -the project
as it was presently scaled -down; however,.he would..have been:unable!to
support the original proposal.-:He, felt it.was important that this Council
have full control throughout the life of the project.- The planned development
should give this project that ability, however, Madonna Plaza hadrnot been
an example of this. The project should represent a pride to both the owner
and the community and to .fit.in.both.aesthetically.and commercially:_._He
hoped cooperation could exist between.the developer and the city, possibly
using the Chamber of Commerce in helping to establish certain representation
of.goods with the emphasis on those goods that are deemed..to be:necessary
to the community. .San Luis.Obispo.should.be a regional shopping area;
however; not necessarily as.a.result of this particular center.
He then reviewed his design concerns: 1) Calle Joaquin will.be.used.for
deliveries; therefore,.he.would like to see the street as narrow as pos-
sible with landscaping on both sides with possible.bulb -outs 2) exits and
entries should have islands dividing them; 3) the conservation element is
very important and not completely developed in the design,. He questioned
if we really needed.an enclosed mall and maybe could get by with only a
covered mall. He felt it would be very energy consuming; 4) the area was
over - parked. He did not want to see a sea of asphalt and felt that - additional
landscaping -could be used to soften it. If. additional parking was- required
later, this could later be converted. 5) Areas- in..the flood zone:...he
would like to see an extensive study made on this issue. 6) He was concerned
with parking being - placed underneath.the high voltage lines of P.G.& E.
Possibly the areas immediately underneath could be landscaped instead. 7)
Lighting: he wanted adequate lighting, especially in the landscaped areas
but felt that what was proposed was too much and not -right character. If
the parking lot was more open space in nature; it could:possibly.be reduced.
8) He liked the idea of individual store fronts. 9) It was important to
handle the projection of the marketing area to keep from competing with the
downtown but rather, to draw people to the area. 10) He would like some
assurance that Gottchalk's is comingi�to.:San Luis�.Obispo. :..
With..those..directions.to the .Planning Commission and the Architectural
Review Commission, hecould: support .the.requested.rezonings. He;.too;
posed the question as to what is going to happen if the downtown parking
program was not approved. He.felt the downtown had better start getting
organized and must come to grips by themselves. He did not feel it was the
responsibility of the city to be overly protective of the downtown..
Councilman.Griffin felt that the major.issue was land use. .He, too, could
not have supported the ..original proposal as denied by..the Planning Commission.
Personally, he had no affinity for a mall : but -conceptually could approve
the general plan amendment. He felt the project could strengthen the
marketing.program for the community. He had similar concerns as Councilman
Dunin had-of the developer looking at ways to make.commercial offerings
complimentary to the downtown. He would hope the developer could.work
closely with the owners of the Madonna Road merchants, the Chamber of,
Commerce, B.I:A. and be .made aware-of-the city's'Strategic Planning..Program.
Councilwoman Dovey felt the land use designation was the issue. Downtown
parking must first be resolved.-: She was not comfortable that the.uses
conformed with the goals and objectives of the -land . use.policy -set by the
city. She then reviewed several statements as reported by staff in the
Council agenda - report. One statement refers to.the.soil as being primarily
acceptable-for-agricultural purposes, however,:sooner or later, could be
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City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 10
appropriate for other uses. :Her question is this sooner or later. Also,
the,downtown is the preferred location according.to the policy statement
and she would like that looked at a little bit.closer. Additional information
should focus on the fact that the larger anchor store can sustain initial
losses for a longer period of time than the smaller stores. With regard to
circulation, if Calle Joaquin was to be abandoned,.she would want to see
that the rerouting required for sewer and water lines be paid for at the
expense of the developer.
Mayor Billig stated her appreciation to the developer for the great deal of
time and sensitivity he had shown to previous and current Council concerns.
Lobbying had not been a factor in her decision..;She.stated -for the record
it had been suggested to her that "if this project did not go, there was
somebody else who:could step in right away." She would have never.supported
the first proposal. The current one does come closer.to something she.
could,consider. She.felt anything between 200,000.and 250,000 sq. ft.:was
appropriate for this site and its integration with the plaza. She was
pleased to hear that Mr. Bird was willing to work on a shopper shuttle.
She felt the economy of the.city now and in.the future is the largest
concern and will be accomplished only by providing for proper services.
The long -term city economic viability was the Council's responsibility.
Sales tax is extremely important. The city must find new ways to become
self- sufficient. She felt the major goal was to retain San Luis Obispo as
the retail hub of the County.
Areas of improvement needing to be addressed were as follows: 1) energy
conservation: she was supportive of using the natural. climatic conditions
of theiarea and did not :feel.that.a totally enclosed mall was needed; 2)
landscaping: .she -felt there was too.much asphalt.and:more parking than is
really required; 3):she questioned how the circulation was going to:be
affected if there is or is not the extension of Los Osos Valley Road; 4)
traffic and circulation on Madonna and Los Osos Valley Road. She felt that
the signal at Calle Joaquin.has'.helped , but:additional traffic - mitigation
will be required and should be analyzed now; 5) she was concerned about the
overall size and compatibility of this project in relationship to other
projects presently proposed, i.e. Laguna Village. She felt it was extremely
critical to be careful not to duplicate stores we already have but :to
provide what is absent in our retailing; 6) she would like to see a more
pedestrian- approach to the project and its integration ,with, Madonna Plaza;
7) the interior of the mall should be more open; 8) pads for future stores,
etc.,,-on,Madonna Road.should be better laid out;:9) stores.must.complement
the downtown or we will end up with empty stores both downtown and in the
mall; 10) relationship to downtown: two possible projects for downtown are
now.in:front of,the city; in which the city intends to.continue to work
with'the developers and hopes to see accomplished which will greatly.
strengthen downtown; 11) the fate of the parking issue would seriously harm
'the long= term,viability of downtown.. She'recommended that before a final
action-is taken it was.important that Council's concerns.expressed this
evening be referred back to the Planning. Commission and to-the Architectural
Review Commission and obtain a written commitment between the developer and
the anchor store. Complete development plans acceptable by the city would
need approval first.
Councilman Dunin- was concerned as to.the.location of the:Sears Auto Center
and.suggested staff look:at the.financial.feasibility - of the small shops
keeping:.the center.together. He felt it.was.imperative that-.a time table
be:established.that was agreeable to:staff, developer, ARC and.Planning
Commission.:
After discussion and on motion of- Councilman Griffin, seconded by:Councilwoman
Dovey;.to:refer.the amended scaled -down application with Council comments
made this evening to the Planning Commission to.be included in the current
round of general plan amendments.
Motion carried on the following roll call vote:
F.
AYES:..Councilmembers Griffin; Dovey., Dunin and Mayor.Billig..
NOES::. None...
ABSENT: Councilman Settle
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 11
On motion of Councilman Griffin, seconded by Councilman Dunin, to require
the developer to obtain a Letter of Intent or Understanding with a prospective
major tenant to be presented to the city in a reasonable time frame but
prior to final approval made by Council.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig
NOES: None '
ABSENT: Councilman Settle
On motion of Councilman Griffin, seconded by Councilman Dunin, to send the
comments made by Councilman Dunin and Mayor Billig regarding design and
construction to the Architectural Review Commission for their consideration
and comments.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
On motion of Councilman Griffin, seconded by Councilwoman Dovey, to direct
staff and consultant to include the comments made by Councilwoman Dovey and
Mayor Billig regarding major inadequacies in the Environmental Impact
Report as presently amended with the final draft EIR returned to Council
for final approval.
Motion carried on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig '
NOES: None
ABSENT: Councilman Settle
11:05 p.m. Mayor Billig declared a recess. 11:15 p.m. City Council reconvened,
Councilman Settle absent.
6. APPEAL OF PLANNING COMMISSION DECISION GP /R 1097 (FOOTHILL PLAZA)
Council held a public hearing to consider an appeal by Jerry S. Arnold of a
decision by the Planning Commission denying request to amend the Land Use
Element map and zoning map to change the designations of approximately five
acres from Neighborhood - Commercial to Retail - Commercial on property located
at 765 -789 Foothill Blvd. (odd- numbered side of street); Foothill Plaza
Associates, applicant.
Toby Ross, Community Development Director, reviewed the Council agenda
report (file no. 463) and stated the Planning Commission had on a 5 -0 vote
denied the requested general plan amendment and rezoning. At the same time
the Planning Commission expressed willingness to reconsider uses allowed
within the C -N zone. The Architectural Review Commission had granted sche-
matic approval to the project. Staff was recommending the Council concur
with the negative declaration on environmental impact and deny the general
plan and zoning amendments as requested finding that a change would be
inconsistent with general plan land use policies and would not be appropriate
at the subject location.
Mayor Billig declared the public hearing open.
Jerry Alfred, Rancho Santa Fe, San Diego and applicant, stated he had
purchased the center last December and hoped to expand the commercial
portion of it. Of the 17 tenants, six were restaurants. Primarily they
serve the 1,000 students that live in the adjacent Tropicana apartments.
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 12
The expansion would provide 10 to 12 new.tenants. He stated they intended
to redo the parking lot, and they have already:received a.demolition.permit
for the Shell station where a Pioneer Chicken take -out restaurant will be
built., He :felt the aesthetics of the center would.be.greatly.enhanced,
felt it-was imperative that a broader tenant mix be provided to make the
Entire : shopping center.financially feasible. and, especially due .to the fact
that there.was.high.rate of seasonal sales due to the student population
fluctuating,from quarter..to.quarter.: He did not feel that the stores to be
included would be competing downtown, i.e. a parts house, bicycle shop and
some offices, including:an H. &'R.Block. office..' He felt these..kinds.of
stores would be more appropriate in this type of center rather than downtown
and the students.were.needy:of them.. He would even be.open to having this
zoned as a C -R -PD.
Mayor Billig declared the public hearing closed.
Upon question by Councilwoman Dovey, Toby Ross stated that over 15,000 sq.
,ft., .of the existing properties in the center were now non - conforming;
including the Thrifty Drug store.
Councilman Griffin.could be supportive.to:add,nominal additional uses but
would like to keep this in the C -N type neighborhood. He felt it.was
presently too restrictive.
Councilman Dunin felt there should be another designation somewhere between
the C -N and the C -R or an intermediate designation.
Councilwoman Dovey stated she could look.at-:an.inteimediate.zone at a.later
time.but she would support the Planning Commission's recommendation to deny
the request.. She liked the work that had been done so far by the developer
and suggested a possible use would include housing.
Mayor::Billig:also . applauaed the developer for his efforts. She felt,
however, there were sufficient uses in the C -N zone to provide for a
satisfactory mix. Although the students were: important,..she felt.the
center was for the entire neighborhood and should be looked at in that
regard. .. -. .. .
Councilman Griffin suggested that the Planning Commission be directed to
review the possibility of additional flexibility in the C -N zone.
After brief discussion and upon general'corisensiis, Council concurred with
the negative declaration on the environmental impact denying the requested
general plan amendment and rezoning (3 -1 -1).
The Planning Commission was directed to explore the possibility'of addi-
tional uses that could be allowed in controlled circumstances in the C -N
zone or an intermediate zone between the C -N and C -R (4- 0 -1)'.
T. HISTORIC RESOURCES SURVEY
Council considered the final Historic Resources Report prepared by the
Cultural Heritage Committee which includes a comprehensive survey and
inventory of historically significant properties.
Councilwoman Dovey strongly supported the efforts that had been made by the
committee and felt -that the document was an excellent document but was only
the first .step of a very long process yet to come.
Councilman Dunin was also very supportive of the document and objected to
the letter that was received by the Council criticizing it. It again
emphasized to him that you need not spend thousands of dollars on outside
consultants when you can band together these kinds of volunteers to put
together an excellent document. Although not a perfect document, he felt
it would work well -as a guideline -for future actions. He recommended that
the Mayor write a letter to the committee thanking them for their efforts
and the financial savings resulting to the City.
Councilman Griffin also expressed his gratitude to the Cultural Heritage
Committee on a job well done.
City Council Minutes
Tuesday, August 16, 1983 - 7:00 p.m.
Page 13
Mayor Billig stated she was extremely impressed with the high level of work
done by the committee and the detail to which they went.
After discussion, it was moved by Councilwoman Dovey, seconded by Councilman
Griffin, the following resolution was introduced: Resolution No. 5197
(1983 Series), a resolution of the Council of the City of_San Luis Obispo
approving the Completion Report as amended by Councilwoman Dovey and
authorizing its submittal to the California Historic Preservation Office.
Passed and adopted on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
Mayor was also directed to write a letter of thanks to the Historic Cultural
Heritage Committee (4 -0 -1).
12:01 a.m. Mayor Billig adjourned the meeting to closed session to discuss
personnel and litigation matters.
12:55 a.m. City Council reconvened in regular session, Councilman Settle
absent.
There being no further business to come before the City Council Mayor
Billig adjourned the meeting at 12:55 a.m., to Monday, August 22, 1983 at
12:00 p.m. o/
V
P mela Voges, Cit Clerk
APPROVED BY COUNCIL: 9/20/83
M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OS SAN LUIS OBISPO
MONDAY, AUGUST 22, 1983 - 12:00 NOON
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, and Mayor
Melanie C. Billig
Absent: Councilman Allen K. Settle
City Staff
Present: Paul Lanspery, City Administrative Officer; Art Shaw, Acting
City Attorney; Anne Russell, Assistant City Attorney; Dave
Romero, Public Works Director; Bill Hetland, Utilities
Manager; Bob Mote, Utilities Engineer
Others
Present: Fred Bold, Attorney
A. On motion of Councilwoman Dovey, seconded by Councilman Griffin, the
following resolution was introduced: Resolution No. 5198 (1983 Series), a
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