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HomeMy WebLinkAbout03/19/1991463 MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 19,1991-7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present Vice -Mayor Bill Roalman, Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss and Mayor Ron Dustin Absent None City Staff Present John Dunn. City Administrative Officer, Ken Hampian, Assistant Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director, Bob Neumann, Acting Fire Chief Jim Gardiner, Police Chief; Dave Romero, Public Works Director, Bill Hetland, Utilities Director, Deb Hossli, Administrative Analyst; Harry Watson, Transit Manager, Carol Hoon, Recording Secretary PUBLIC COMMENT ' P.C.1. Jim Ward, 2679 Johnson Ave., spoke against the desalination plant and was opposed to any increases in water rates. He supported the WAT.E.R. initiative and felt that the supply of water belonged with the private sector. P.C2. Brett. Cross. 1217 Mariner's Cove, expressed concern for the recent filling of Laguna Lake and felt the recent debris should be picked up. He would like to know what the cost of dredging would be to the City and felt an EIR would not be of value. P.C3. Donald Smith. 411 Vista del Lago, requested numbers for the cost per unit of water per month for desalination. COUNCIL LIAISON REPORTS Councilwoman Ranna distributed status reports from the Area Coordinating Council, Regional Transit Authority, Business Improvement Association, and Route 101 Visual Study Presentation and requested Councilmembers call her if they had any questions. CONSENT AGENDA Moved by Ranna /Pinard (5 -0) to approve the Consent Agenda recommended by the City Administrative Officer with the exceptions of C -2, C -3, C4, C -0, and C -11 as noted. C -1 COUNCIL MINUTES The following minutes were approved as amended (5 -0): Monday, February 11, 1991 at 7:00 p.m.; Tuesday, February 19, 1991 at 7:00 p.m.; and Monday, February 25, 1991 at 7:00 p.m. Kom City Council Minutes Page 2 , Tuesday, March 19, 1991 - 7:00 p.m. C -2 PARKING MANAGEMENT PLAN (File No. 554) Council considered the modified Parking Management Plan which provides for the establishment of 10- hour parking meter permits to include an option to offer a reduced rate of $10.00 per month for qualified residents with 10 -hour meters in front of their residences. Moved by Duninf Rapp@ (5 -0) that this item be continued to date certain, April 3, 1991, as requested by the City Administrative Officer. C -3 PARKING STRUCTURE REPAIR PROJECT (File No. 91 -10) Council considered plans and specifications for "Crack Repair Project - Palm & Marsh Street Parking Structure"; City Plan No. R -39D, estimated to cost $42,000. Councilman Reiss expressed concern for the cost of the repairs. He expressed the need for another engineer's opinion on the repair project. Dave Romero . Public Works Director, explained that these were shrinkage cracks common in this type of building and not structurally related. Roy Hanff. 965 Lawrence Drive, expressed concern for the City having to pay for the repairs. He felt the matter should be investigated further. John Dunn, City Administrative Officer, stated the importance of protecting the steel from rust damage due to water seepage. After discussion, moved by Dunin / Roalman to approve plans and specifications, authorize staff to advertise for bids and authorize City Administrative Officer to award a contract to the lowest responsible bidder as recommended. Motion failed (2 -3, Councilmembers Pinard, Reiss and Mayor Dunin voting no). Project not approved. No further discussion. C4 TROLLEY EVALUATION (File No. 9043) Council considered the Short Range Transit Plan/Trolley Evaluation and specifications for the acquisition of a heavy -duty vehicle to use as the City's primary trolley. After discussion, moved by Raoua /Pinard to receive and file Trolley evaluation portion of Short Range Transit Plan and approve specifications for a heavy -duty vehicle as recommended. Motion failed (2 -3, Councilmembers Reiss. Roalman and Mayor Dunin voting no). After discussion regarding emissions comparisons, moved by Ranna /Roalman (3-2, Councilman Reiss and Mayor Dunin voting no) to receive and file the Trolley Program Evaluation and direct staff to prepare an analysis of the heavy -duty vehicle with the "scrubber" and the light -duty vehicle to evaluate emissions control of both vehicles. C -5 SUBDIVISION IMPROVEMENTS - TRACT 1376 (File No. 410 -1376) Council considered amending the subdivision agreement extending the time to complete certain improvements, and accepting completed subdivision improvements for Tract 1376 (The Arbors); The Pacifica Corporation, applicant. Moved by Ranoa /Pinard (5 -0) to adopt a resolution amending the subdivision agreement and accepting subdivision improvements for Tract 1376 as recommended. 465 City Council Minutes Page 3 Tuesday, March 19, 1991 - 7:00 p.m. C-6 PLANNED DEVELOPMENT REZONING - PD 1499 (File No. 463) Councilman Reiss stepped down due to a possible conflict of interest. Council considered giving final passage to an ordinance approving the planned preliminary development plan at 1050 Southwood Drive and amending the Zoning Map from M to M -PD to allow large offices. Moved by Rauua /Pinard (5 -0) to adopt Ordinance No. 1185 as recommended. Councilman Reiss returned to the dies. C -7 WOMEN'S SHELTER GRANT AMENDMENT (File No. 1011) Council considered amending the language in Resolution No. 6808 to approve a request by the Women's Shelter for City sponsorship of a State grant and to authorize the City Administrative Officer to sign the grant agreement. Moved by Rauua /Pinard to adopt Resolution No. 6946 (5 -0) approving the request by the Women's Shelter to amend Resolution No. 6808 as recommended. C4 BiA APPOINTMENTS (File No. 123) Council considered recommendations by the BIA Board of six appointments to the Business Improvement Association with terms expiring on 3/31/93. Moved by Rauna /Pinard (5 -0) to appoint Tom Brown, Dick Cleeves, Jeff Hartman, Alan Martin, and Mike Multari to the Business Improvement Association for two year terms expiring 3/31/93; and Ruth Nimeh appointed to fill an unexpired term ending 3/31/92. C -9 JACK HOUSE COMMITTEE APPOINTMENTS (File No. 123) Council considered an appointment to the Jack House Advisory Committee. Council approved (5 -0) the appointment of Pam Zweifel as "Member at Large" to the Jack House Advisory Committee for an unspecified term as recommended. C -10 CONSTRUCTION BOARD OF APPEALS (File No. 123) Council considered appointing five new members to the Construction Board of Appeals. Moved by Rauua /Pinard (5 -0) to appoint Randy Dettmer, Mike Hernandez, Robert Vessely, Randy Rea and John L. Kellerman to the Board of Appeals for terms ending March 30, 1992, March 30, 1993, March 30, 1994, March 30, 1995, and March 30, 1995, respectively. C -11 COMMUNITY DEVELOPMENT BLOCK GRANT (File No. 1046) Councilman Reiss stepped down due to a possible conflict of interest. Council considered authorizing application fora Community Development Block Grant to purchase and rehabilitate the Homeless Shelter site located at 750 Orcutt Road. Moved by Ranna /Pinard (4 -0-1, Councilman Reiss absent) authorizing staff to apply for a Community City Development Block Grant to purchase and rehabilitate the Homeless Shelter site. Councilman Reiss returned to the dias. City Council Minutes Palle 4 Tuesday, March 19, 1991 - 7:00 pm APPOINTMENTS Al. ARCHITECTURAL REVIEW COMMISSION (File No. 123) Council considered an appointment to a term commencing 4/1/91 on the Architectural Review Commission. Moved by Roalman /Pinard (5 -0) to appoint Dennis "Woody" Combrink to a four year appointment to the Architectural. Review Commission expiring 3/31/95. A2. PARRS AND RECREATION COMMISSION (File No. 123) Council considered an appointment to a term commencing on 4/1/91 to the Parks and Recreation Commission. Moved by Roalman /Reiss (5 -0) to appoint Wendy Pyper to a four year term expiring 3/31/95. A3. PROMOTIONAL COORDINATING COMMITTEE (File No. 123) Council considered an appointment to a term commencing on 4/1/91 to the Promotional Coordinating Committee. Moved by Reiss /Roalman (5 -0) to reappoint LaVerne Schneider to a. four year term expiring 3/31/95. PUBLIC HEARINGS 1. SIDEWALK ASSESSMENTS (File No. 533) Council held a public hearing to confirm assessments to 17 property owners for curb, gutter and sidewalks constructed under the 1911 Act. Dave Romero , Public Works Director, briefly reviewed the staff report with an overview of the 1911 Act. He recommended Council adopt a resolution (as revised this evening) confirming costs to property owners, with the exception of Daniela Weddle's property at 367 Branch. He recommended staff review the property and report back. He also reviewed the City's three year payment plan at a rate of 7% interest. Those property owners who have opted for the three year plan are listed in Exhibit B. Mayor Dunin declared the public hearing open. Daniela Weddle, 367 Branch, expressed concern for a portion of the curbing adjacent to her property done in blacktop rather than cement due to a tree. She felt that erosion would be more likely and did not wish to be charged again in the future. She was also concerned with being charged for cement, when in fact blacktop had been used. Mayor Dunin declared the public hearing closed. Moved by Roalman /Reiss (5 -0) to adopt. Resolution No. 6947 confirming costs to property owners, with the exception of Daniela Weddle, as amended. 2. PLANNED DEVELOPMENT REZONING - PD 1488 (File No. 463) Council held a public hearing to consider a Planning Commission recommendation amending the zoning map from service - commercial, special considerations (C -S -S) to service - commercial, planned development (C -S -PD) and a preliminary development plan allowing large offices at 2877 South Higuera Street; Steven Wise, applicant (continued from 3/5/91). 467 City Council Minutes Page 5 Tuesday, March 19, 1991 - 7:00 p.m. Arnold Jonas. Community Development Director, reviewed the rezoning request which would result in an approximately 15,000 square foot office building with parking on site requiring an exception to the Grading Ordinance Standards. The remaining 40 plus acres intended for open space as a possible grant of easement to the City. The applicant has accommodated some of the design aspects suggested by the Planning Commission. The Planning Commission is recommending Council introduce to print an ordinance to rezone property from C." to C-S -PD including approval of a mitigated negative declaration and approval of a preliminary development plan, and an exception to Grading Ordinance Standards for PD 1488. Mayor Dunin declared the public hearing open. Steven WWi se. applicant, supported the recommendation with the exception of the removal of the billboards. According to the lease with 3M National, the owners are not allowed to remove the billboards unless they receive a building permit which would affect the location of the sign. He is willing to comply with the conditions with the modification that the northern most billboard on the site be allowed, with the other two being removed. Jeff Jorgensen. City Attorney, reviewed the Business and Professions Code as it pertained to the removal of the billboards. By placing a condition on the tentative parcel map that signs be removed, the City would be required to pay just compensation for the value of the sign. He recommended modification of the condition requiring removal of the signs to allow the sign in the middle portion of the property to remain and the applicant to submit to the City an agreement acceptable to the City Attorney concerning the disposition of the sign at the end of the lease. Councilman Reiss suggested that any revenue generated by the sign be given to public art. Brett Cross. 1217 Mariners Cove, expressed concern for the traffic implications of the project. He also felt a project of this size should 1) require shower and locker room facilities for those commuting by bicycle; and 2) reduce the amount of parking required. Bill Heath, traffic engineer for the study, briefly reviewed his preliminary analysis. Mayor Dunin closed the public hearing. Councilwoman Pinard expressed concern for the traffic management and trip reduction programs. Councilman Roalman felt the grading cuts were extreme and the building was overparked. After discussion, moved by Rauua /Dunin (3 -2, Councilmembers Pinard and Roalman voting no) to introduce to print Ordinance No. 1186 to rezone property from C -S -S to C -S -PD including approval of a mitigated negative declaration and approval of a preliminary development plan, and an exception to the Grading Ordinance Standards for PD 1488 subject to the revised findings and conditions (7, 8, and 10) as discussed. 9:00 p.m. Mayor Dunin declared a recess. 9:10 p.m. City Council reconvened; all Councilmembers present. 3. GENERAL PLAN AMENDMENTS AND REZONiNGS (File No. 463) Council continued public hearings to consider approval of the following Planning Commission recommendations (continued from 3/5/91): Councilwoman Rapna stated that she had listened to the tapes of the meeting of March 5, 1991, and could participate in this decision. W City Council Minutes Tuesday, March 19,1991 - 7:00 p.m. A. GENERAL PLAN AMENDMENT - GP - 1477 Page 6 Council continued a public hearing to consider a Planning Commission recommendation to amend the Land Use Element Map to remove "Elementary School" ("V) designation from the Public /Semi - Public designation at 1314 Nipomo Street (former Emerson School site); City of San Luis Obispo, applicant. Arnold Jonas. Community Development Director, requested that Council take general consensus on Items A -E with one final action to be taken at the end of the item. He briefly reviewed the staff report with the recommendation to amend the General Plan Land Use Map to remove the "E" designation at.1314 Nipomo Street. Mayor Dunin declared the public hearing open. No one spoke for or against the bearing. Mayor. Dunin closed the public hearing. Upon general consensus, (5 -0) Council to adopt Resolution No. 6948 amending the General Plan Land Use Element Map to remove the "E" designation at 1314 Nipomo Street as recommended. B. GENERAL PLAN AMENDMENT AND REZONING - GP /R 1502 Council held a public hearing to consider a Planning Commission recommendation to amend the Land Use Element Map and Zoning Map to change the designations from neighborhood - commercial (C -N) to medium - density residential (R-4) for property at 2011 Cborro Street and 2012 Broad Street. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council 1) adopt a resolution amending the General Plan Map from neighborhood - commercial to medium - density residential; and 2) Introduce an ordinance to print rezoning the property from C -N to R -2. He stated that at the Council meeting of 3/5/91, this issue received tied support by Councilmembers Pinard and Roalman. Councilman Reiss and Mayor Dunin urged it remain neighborhood - commercial (C -N). Mayor Dunin declared the public hearing open. Allen MacMeekin, 2011 Chorro Street, spoke in support of the rezoning stating that he had no plans for commercial use and wanted to improve the residential quality of the neighborhood. Mavor Dunin closed the public hearing. Councilwoman Raona was supportive of R -2 zoning. She felt it was an excellent area for a mixed use neighborhood. Upon general consensus, (3 -2, Councilmember Reiss and Mayor Dunin opposed) to adopt Resolution No. 6949 amending the Land Use Element Map and Zoning Map from neighborhood - commercial to medium - density residential; and introduce to print Ordinance No. 1187 rezoning the property from C -N to R -2 as recommended. C. GENERAL PLAN AMENDMENT AND REZONING - GP /R 1505 Council held a public hearing to consider a Planning Commission recommendation to amend the Land Use Element Map and Zoning Map to change the designation from service - commercial (C -S) to high - density residential (114) at 1090 Orcutt Road. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council 1) adopt a resolution amending the General Plan Land Use Element Map from service-commercial /light industrial to high - density residential; and 2) introduce to print an ordinance amending the Zoning Map from service - commercial (C -S) to high - density residential (114-S) with special 1 1 1 1 1 City Council Minutes Tuesday, March 19, 1991 - 7:00 p.m. considerations as recommended. Page 7 Mayor Dunin declared the public hearing open. No one spoke for or against the hearing. Mayor Dunin dosed the public hearing. Upon general consensus, (5 -0) Council to 1) adopt Resolution No. 6950 amending the General Plan Land Use Element Map from service- commercial /light industrial to high - density residential; and 2) introduce to print Ordinance No. 1188 amending the zoning Map from service- commercial (C -S) to high - density residential (114 -S) with special considerations as recommended. D. GENERAL PLAN AMENDMENT AND REZONING - GP /R 1468 Council held a public hearing to consider a Planning Commission recommendation to change the land Use Element Map from service- commercial/light industrial to medium-high-density residential and amend the Zoning Map to change the designation from service- commercial/light industrial (M) to medium -high- density residential, planned development (R -3 -PD) and a preliminary development plan allowing a 43 -unit residential condominium at 145 South Street; Village Park Associates, applicant. Arnold Jonas. Community Development Director, reviewed the staff report with the recommendation that Council 1) adopt a resolution amending the General Plan Land Use Element concerning 145 South Street; and 2) introduce to print an ordinance rezoning and approving a preliminary development plan for the property as recommended. Mayor Dunin declared the public hearing open. Mike Multari representing the applicant, discussed the changes made to the wall to give it a more decorative look indicative of a front yard. He requested three revisions to the findings, exceptions and conditions as recommended by the Planning Commission (See File No. 462). Mayor Dunin dosed the public hearing. After brief discussion, upon general consensus (5 -0) Council to adopt Resolution No. 6951 amending the General Plan land Use Element concerning 145 South Street and introduce to print Ordinance No. 1189 to rezone and approve a preliminary development plan for the property as amended. E. GENERAL PLAN AMENDMENT AND REZONING - GP /R 1501 Council held a public hearing to consider a Planning Commission recommendation to amend the Land Use Element Map and Zoning Map to change the designation from conservation /open space, 20 acre minimum (C /OS -20) to public /semi- public (PF) for property at the City's Wastewater Treatment Plant. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council 1) adopt a resolution approving the General Plan amendment; and.2) pass to print an ordinance rezoning the corresponding area from C /OS -20 to PF. Mayor Dunin declared the public hearing open. No one spoke for or against the hearing. Mayor Dunin closed the hearing. Upon general consensus, (5 -0) Council to 1) adopt Resolution No. 6952 approving the General Plan amendment; and 2) introduce to print Ordinance No. 1190 to rezone the corresponding area from C /OS -20 to PF-S as amended. 470 City Council Minutes Page 8 Tuesday, March 19,1991 - 7.00 p.m. Moved by Rnnna/Pinard (3 -2, Councilman Reiss and Mayor Dunin voting no) to adopt Resolution Nos, 694L 6949.6950.6951 and 6952 and introduced to print Ordinance Nos. 1187 and 1188_as recommended and Ordinance Nos. 1189 and 1190 as amended. 4. APPEAL - WASTEWATER TREATMENT PLANT IMPROVEMENTS USE PERMIT (File No. 407) Council held a public hearing to consider an appeal by the City Utilities Department of a Planning Commission action to include certain conditions in approving Use Permit No. U1496 for the Wastewater Treatment Plant Improvements Project, 35 Prado Road. Arnold Jonas. Community Development Director, reviewed the creekway improvements, future bus parking, and wildlife habitat pond with the recommendation that Council consider the action of the Planning Commission and the appeal filed by the Utilities Department, and approve use permit U 1498 (Resolution A) subject to appropriate findings and conditions, including alternate condition No. 5 relative to creekway improvements, and deleting condition No. 7 regarding the four acres devoted to a wildlife pond. Mayor Dunin declared the public hearing open. Bill Hetland appellant and Utilities Director, reviewed the reasons for the appeal. He expressed concern for preparing a Master Plan prior to going ahead with the bikeway since it is not finished on either end. Access could only be gained by going through the plant, which he felt was inappropriate. With respect to the wildlife habitat ponds, the revised plan will not eliminate the ponds at the lower end of the site and, hence, habitat will not be minimized there. He felt because of the sensitivity of the site and the acknowledgement of its role as a key entryway into the community, it may not be appropriate to include additional wildlife habitat ponds. He believed there should be a Master Plan first. In regard to the future bus parking, efforts have been made to accommodate future parking areas and a Master Plan is being processed Councilman Reiss expressed concern for a Master Plan for the property along the freeway to accommodate those driving by and entering the City. Councilman Roalman felt the City has an opportunity to create something special with the wetland area and felt opportunities currently existed to get pedestrians into the site. He supported the Planning Commission recommendation. Councilwoman Pinard also felt that the City needed to take the initial step for improvements and did not feel the motion clearly stated the objectives. Moved by Ranna /Reiss to uphold the appeal and approve use permit U1496 (Resolution A) subject to the findings and recommendations as amended with the added condition No. 7 that this use permit be reviewed in two years. Motion carried (3 -2, Councilmembers Pinard and Roalman voting no). BUSINESS ITEMS 5. LA FIESTA FUNDING (File No. 833) Council considered a request from La Fiesta for $90,000 for funding over the next five years to support activities of the organization. Deb Hossli. Administrative Analyst, reviewed the staff report with the recommendation that the City provide , La Fiesta with a phased funding program whereby the City would contribute $15,000 in 1991 and $8,000 in 1992 (for a total of $23,000). Ia Fiesta would also be eligible to apply for an annual PCC grant of $5,000 over the next five years. She supported financial self - sufficiency for La Fiesta and recognized its benefit to 1 1 1 City Council Minutes Tuesday, March 19,1991- 7:00 p.m. the community. Page Julia Foster, La Fiesta representative, thanked the City Council for its past support of the program and also was hopeful that La Fiesta would be self - supporting in the near future. Councilwoman Rauna was pleased with the success La Fiesta has achieved and was supportive of phased funding for the organization. Mayor Dunin stated that La Fiesta was the largest event in the City, with year -round activities, culminating in La Fiesta Week. He felt it was unrealistic to expect the program to survive on volunteer services alone. He was supportive of the phased funding. Councilman Roalman felt it was unfair to single out La Fiesta for special funding when there were many other valuable organizations in the City. Councilman Reiss expressed concern with leaving funds available in the PCC grants for other uses, which would previously have been used by La Fiesta Councilwoman Pinard also felt there was a problem with one group being singled out for funding. She questioned how much of a community event La Fiesta really was and felt local businesses were not supporting the program. Alter discussion, moved by Ranoa /Dunin to approve funding for La Fiesta at $20,000 for 1991, $13,000 for 1992, upon the condition that La Fiesta not be eligible for PCC grants during this time. Motion failed (2 -3, Councilmembers Pinard. Reiss, and Roalman voting no). Moved by Reiss /Raopa to approve phased funding in the amounts of $15,000 for 1991, and $8,000 in 1992, (for a total of $23,000) (3 -2, Councilmembers Pinard and Roalman voting no) for La Fiesta and encourage the group to apply for PCC grants over the 5 year period. COMMUNICATIONS Comm. 1 Councilwoman Pinard urged support for the County claiming its allotment of Lake Nacimiento water. After discussion, staff was directed to bring this item back as an agenda item. Comm. 2 John Dunn. City Administrative Officer, related correspondence from the League of California Cities. Council approved that a letter be sent by the Mayor supporting the League of California Cities opposition to SB 27, which proposed to reduce the number of signatures required for charter amendments by initiative. Roy Hanff, spoke against the appeal fled by the Utilities Department regarding the wastewater treatment facility. 11:15 pm. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, March 26, 1991, at 3:30 p.m. r1 APPROVED BY COUNCIL- 7/16/91 ch 471