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HomeMy WebLinkAbout07/02/1996MINUTES - REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 2, 1996 - 7:00 P.M. ' LIBRARY COMMUNITY ROOM - 995 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; Wendy George, Assistant to the City Administrative Officer; Arnold Jonas, Community Development Director, Ron Whisenand, Current Planning Manager; Mike McCluskey, Public Works Director; John Moss, Utilities Director; Gary Henderson, Water Division Manager; Dave Elliott, Administrative Analyst Jeff Jorgensen, City Attorney, announced that the Council met in Closed Session regarding existing. litigation in the matter of McCartin v. City of San Luis Obispo. PUBLIC COMMENT PERIOD ' P.C.I. Jay Elder and Malcolm Carlaw asked Council to revisit on a future agenda an historic preservation tax incentive program and presented a petition signed by over sixty people. Referred to staff. CONSENT AGENDA Moved by Smith/Romero to approve the Consent Agenda (except C -13) as recommended by the City Administrative Officer; motion carried (5 -0). C1. COUNCIL MINUTES (CONDON) Council considered the minutes of: Tuesday, June 11, 1996 at 7:00 p.m.; Tuesday, June 18, 1996 at 6:30 p.m.; and Tuesday, June 18, 1996 at 7:00 p.m. Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion carried (5-0). C2. PACIFIC BELL UTILITY EASEMENT (File No. 169) Council considered a request by Pacific Bell to purchase an exclusive utility easement within the Laguna Lake Golf Course property. Moved by Smith/Romero to adopt Resolution No. 8550 granting an exclusive utility easement to Pacific Bell; motion carried (5 -0). City Council Meeting Tuesday, July 2, 1996 - 7:00 p.m. Page 2 C3. PARK IMPROVEMENTS (File No. 96 -22A) Council considered plans and specifications for "Neighborhood Park Improvement Project: Emerson Park Playground;' Specification No. 96 -22A, engineer's estimate $49,200. Moved by Smith/Romero to 1) approve plans and specifications; 2) authorize the Public Works staff to solicit bids; and, 3) authorize the CAO to award the construction contract to the lowest responsible bidder; motion carried (5 -0). C4. WIRELESS RADIO NETWORK (File No. 502) Council considered authorizing the Public Works Director to issue an encroachment permit for Metricom, Inc., to install and operate a wireless digital communications radio network on facilities located in the public right -of -way. Moved by Smith /Romero to authorize Public Works Director to issue permit; motion carried C5. EMERGENCY RESPONSE SERVICES (File No. 721) Council considered a five -year contract with Cal Poly for emergency response fire protection services. Moved by Smith/Romero to approve and authorize -the Mayor.. to execute the agreement; motion - carried (5 -0). C6. DELINQUENT SOLID WASTE ACCOUNTS (File No. 502) Council considered placing liens against properties with delinquent solid waste accounts. Moved by Smith/Romero to adopt Resolution No. 8551 authorizing the County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved; motion carried (5- 0). C7. PAY FOR PERFORMANCE PLAN (File No. 627) Council considered establishing a Management Compensation Plan for appointed officials, Department Heads and other management personnel. Moved by Smith /Romero to adopt Resolution No. 8552 approving a management compensation plan which includes a pay for performance program; motion carried (5 -0). C8. PERS CONVERSION (File No. 631) Council considered converting the Public Employees' Retirement System (PERS) employer paid member contributions to compensation for the Police Staff Officers' Association. Moved by Smith /Romero to adopt Resolution No. 8553 approving the conversion pursuant to Section 414(b)(2) of the Internal Revenue Code; motion carried (5 -0). C9. EMPLOYEE SUGGESTION PROGRAM (File No. 604) Council considered the Employee Suggestion Program. Moved by Smith /Romero to approve the revised Employee Suggestion Program; motion carried (5- 0). City Council Meeting Page 3 Tuesday, July 2, 1996 - 7:00 p.m. C10. BANNER WAIVER (File No. 805) Council considered a request for banner location waiver for the Performing Arts Center Grand Opening Festival. Moved by Smith/Romero to waive the requirement under the City's Banner Policy that banners be hung only on Higuera or Marsh Street and allow the festival banner to be hung on Monterey Street near the Osos Street intersection; motion carried (5 -0). C11. MULTI -MODAL CENTER PARTNERSHIP (File No. 549) -• Council considered supporting the San Luis Obispo Council of. Governments' (SLOCOG) application for a $12,000 Federal Transit Administration (FTA) Section 18(1) Intercity Bus Program grant to fund a study on enhancing Private /Public Partnerships in the development of a multi -modal transfer center for the cities of San Luis Obispo, Atascadero and Paso Robles. Moved by Smith/Romero to adopt Resolution No. 8555 supporting the application and authorizing the expenditure of up to $4,000 In Transportation Development Act funds to finance the City's portion of the agency matching funds required by the grant; motion carried (5 -0). C12. URBAN COUNTY COOPERATION AGREEMENT (File No. 427) - Council. considered a Cooperation agreement with the County of San Luis Obispo regarding City participation in the Urban County Community Development Block Grant (CDBG) for program years 1997 through 1999. Moved by Smith/Romero to adopt Resolution No. 8554 approving the cooperation agreement; motion carried (5 -0). C13. GENERAL PLAN AMENDMENT /ZONE RECLASSIFICATION (File No. 463) Council considered a request to amend the General Plan and Zoning map, and text amendments to allow development on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP /R 7 -96); John Franks, applicant. (Continued from 6118196.) John Belsher, representing John Franks, asked that Council reconsider this project. Mayor Settle explained that this item was to be pulled from the Consent Agenda and would be addressed at the end of the meeting. Moved by Williams /Romero to continue this item to Tuesday, July 16, 1996; motion carried (3 -2; Mayor Settle and Council Member Roaiman voting no). APPOINTMENTS:. Al. PERFORMING ARTS CENTER COMMISSION (File No. 854) Council considered the reappointment of City representatives to the Central Coast Performing Arts Center Commission. Moved by Roalman/Romero to reappoint City Administrative Officer as a delegate and the Assistant City Administrative Officer as an alternate to the commission, and Vice Mayor as alternate to the Mayor; motion carried (5-0). City Council Meeting Tuesday, July 2, 1996 - 7:00 p.m. Page 4 A2. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE. (File No. 123) Council considered an appointment of a City delegate to the Citizens' Transportation Advisory Committee (CTAC) to expire on 3131/99. Moved by Romero/Williams to appoint Henry Case as delegate to CTAC and thank Pat Veesart for his service to the community; motion carried (5 -0). A3. CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered an appointment to the Cultural Heritage Committee (CHC) to fill an unexpired term ending on 313112000. Moved by Roalman/Smith to appoint Matt Whittlesey to the CHC and thank Astrid Gallagher for her service on the committee; motion carried (5 -0). LIAISON REPORTS There were no liaison reports. PUBLIC HEARINGS 1. PROMOTIONAL COORDINATING COMMITTEE GRANTS -IN -AID (File No. 1050) Council held a public hearing to consider recommendations from the Promotional Coordinating Committee for Grants -In -Aid funding to 31 organizations in a total amount of $80,700 for 1996 -97. (Continued from 6/4/96.) Council Member Smith, citing a conflict of interest, said she would not be participating. Wendy Georoe, Assistant to the City Administrative Officer and staff to the committee, and Diane Long, PCC Chair reviewed the committee's recommendations. Mayor Settle opened the public hearing. Ron Walsh, Woods Humane Society, urged Council to include grant monies to the shelter for Little Critters Camp. Fredric Balazs thanked Council for their support of Music and the Arts for Youth and stressed the importance of the organization. Mayor Settle closed the public hearing. Patty Brown, a member of the PCC's GIA subcommittee, responded to Council questions regarding funding decisions. After discussion, moved by Williams /Romero to adopt Resolution No. 8556 authorizing staff to develop and execute agreements with each grant recipient as described in Exhibit "A" attached to the resolution as amended to delete Woods Humane Society and transfer the $1,200 to Music and the Arts for Youth, and grant Youth Soccer an additional $1,000 from reserve; motion carried (4 -0-1; Council Member Smith not participating). '- Moved by Williams/Romero to have the PCC review its grant criteria before the next grant cycle and to link it more closely to the original mission of tourism and cultural interests; motion carried (4 -0- 1; Council Member Smith not participating). City Council Meeting Page 5 Tuesday, July 2, 1996 - 7:00 p.m. 2. TK PROJECT - GROCERY STORE USE PERMIT (File No. 4W) 1 Council held a public hearing to consider an appeal by Mike Timm of a Planning Commission action to deny a use permit for a grocery store at 154 Suburban Road (A 6 -96); M. Timm Development, Inc.; Larry and Linda Kreutzkampf, property owners. Arnold Jonas, Community Development Director, and Ron Whisenand, Current Planning Manager, reviewed the issues before the Council this evening. Mayor Settle opened the public hearing. Vic Montgomery, the appellants representative and a registered.. municipal advocate, presented a petition with approximately 1,200 signatures in support of a 50,000.sq. ft. grocery store at this location and than made a brief presentation on the project. David St. John, attorney for the applicant, contended that the Planning Commission's action was a prejudicial abuse of discretion in finding this project inconsistent with the CS zone. Barry Kaufman, President of the Creekside Mobile Homes, said that the park was divided on the -. issue but he personally preferred a scaled down grocery store and restaurant. Milt Souza, owner of the Food 4 Less in Atascadero, said the new store would create employment and urged Council to approve the project. Robert Mott. Mariposa Drive, expressed concerns about increased traffic if the project goes forward. ' Margaret Wallace, Mariposa Drive, read comments from neighbors who were opposed to the project, as was she. Bill Bates, Los Verdes Park I, gave petitions to the Clerk opposed to the proposed development. Tina Constance, 3860 South Higuera Street, favored the project and said that of the 170 signatures . gathered in her park, only 8% were opposed. Bernice Cardoza, 3860 South Higuera, said the project would improve the roads. Tom Wallace, Cuparrosa Drive, said the project was contrary to the General Plan and asked Council to deny the appeal. Phyllis Needelman, Los Verdes Drive, said the project was not appropriate for the neighborhood. Cindy Frauenheim, Chuparrosa Drive, asked Council to respect the Planning Commission recommendaton and deny the appeal. Mark Frauenheim, Chuparrosa Drive, felt the negative impact of this project far outweighed the benefits. Ken Ryan 3860 South Higuera, said there were too many grocery stores in the City already. ' Mina Norton, Silver City Mobile Home Park, favored the project. John Van Etten , Los Verdes Park II, said the developers had presented this as a small neighborhood shopping center. Ellen Weinstein. 3860 South Higuera, was in favor of the project. City Council Meeting Page 6 Tuesday, July 2, 1996 - 7:00 p.m. Marsha Palmer, Los Verdes Park I, was opposed to the project due to concerns about traffic, noise and pollution. Bruce Wiedmer, Las Praderas Drive, said if the project went forward it would have many negative Impacts on the neighborhood. John Jamrog, Santa Margaritz, was in favor of the project. Barbara Riekki, 3960 South Higuera, was very much in favor of the project. Rick Sherwood, Manager of Producers' Dairy, favored the market and said it would bring much needed employment to the community. Steve Boyle, Higuera Street, supported the Food 4 Less, stating that change must come for the benefit of all. Kurt Haupt, Mariposa, opposed the market and urged Council to uphold the Planning Commission's denial. Cheri Jump, San Luis Obispo, was concerned about the apparent disregard of local residents concerns. Rob Strong, a planning consultant representing neighbors in opposition to the project, said that traffic and noise impacts had not be fully mitigated and asked Council to deny the appeal. Clyde Hostetter, Los Palos Drive, said he opposed this type of store in a residential area. Vemoica Price, a resident of San Luis Obispo and also employed at the Food 4 Less in Atascadero, ' supported a San Luis Obispo Food 4 Less because of the jobs it would bring. Patricia Graff, Silver City, supported the project. Carole Schaffer, San Luis Obispo homeowner, supported a Food 4 Less. Jenny Borklund, Vanessa Chaloupka and Tiffany Whitesides, spoke together in support of Food 4 Less. Michael Wagster, Santa Margarita, urged Council to allow the store and enthusiastically supported Milt Souza. Anna Alexander, Los Verdes Park II, said the City Council should support the recommendation of the Planning Commission. Eugene Jud, San Luis Obispo, said the project contradicted the Circulation Element and that it would be a heavy traffic generator. Dennis Cove, a franchiser for Food 4 Less, clarified the difference between a grocery store and a supermarket; a supermarket is over 25,000 sq. ft. Barbara Melone. Chuparrosa, opposed the project due to increased cars and pollution. Vic Montgomery , the appellant's res presentative, spoke again to clarify issues brought up during 1 the public hearing. Mayor Settle closed the public hearing. City Council Meeting Page.7 Tuesday, July 2, 1996 - 7:00 p.m. After discussion, moved by Romero /Smith to adopt Resolution No. 8557 upholding the appeal and ' denying the Planning Commission's action, based on findings that: 1) Food 4 Less is more of a warehouse store in character then a neighborhood - commercial center and is therefore consistent with General Plan Policy 3.5.2(C); 2) warehouse stores are an allowable use in the CS zone, and 3) Food 4 Less has more of a regional serving character than a neighborhood commercial center and is consistent with General Plan Policy 3.5.1, and conditions set forth in the May 8, 1996 Planning Commission staff report; motion carried (3 -2, Mayor Settle and Council Member Roalman voting no). 3. REZONING - 3030 BROAD STREET (PD 129 -95) (File No. 463) Council held a public hearing to consider a request to rezone property at 3030 Broad Street (the Brickyard) from Service - Commercial to Service - Commercial Planned Development to allow large V.•- office uses and other miscellaneous uses not otherwise allowed in the C -S zone; 3030 Inc., property owner. - Arnold. Jonas, Community Development Director, reviewed the agenda report. Mayor Settle opened the public hearing. Charles Senn, the applicant's representative, said that he concurred with the staff report but had several requests for uses not recommended in the staff report, including deletion of the 2,500 sq. ft. provision for executive suites, allowing government offices, retail sales and rentals of videos and rnusic, restaurant/food services uses not over 4,000 sq. ft. without a use permit, and offices permitted in locations other than the second floor of building B. Barbara Spann. Villa Rosa condos, was concerned about exterior lighting that would be let on all night..- Bruce Frazier, respresenting Walter Brothers Construction, took exception to allowing government - offices outside the tri-polar concept area. Steve Pults, the architect, explained the steps that would be taken to mitigate night lighting concerns Mayor Seftle closed the public hearing. After discussion, moved by Roalman /Romero to introduce Ordinance No. 1299 to print approving a negative declaration and rezoning the parcel from Service - Commercial ((CS) to Service Commercial Planned Development (CS -PD), based on findings and subject to conditions as outlined in the draft ordinance, and amended to allow retail sales of videos and music and allow 4,000 sq. feet be permitted for restaurant/food service uses without a Use Permit; motion carried 4. GENERAL PLAN AMENDMENT - 1318 PACIFIC (File No. 463) Council held a public hearing to consider a request to amend the Land Use Element (LUE) map designation from Medium - Density Residential to Office, and amend the zoning map from R -2 to O, for property located at 1318 Pacific Street; Margaritaville Partners, applicant. Arnold Jonas.. Community Development Director, outlined the project proposal. Mayor Settle opened the public hearing. Andrew Mernan, the applicant's representative, said the project will improve the neighborhood. City-Council Meeting Page 8 Tuesday, July 2, 1996 - 7:00 p.m. LaVeme Schneider, Marsh Street, said this was spot zoning and the project did not fit the neighborhood. Michael Morris, one of the property owners, said the plan meets the needs and goals of the City. Robert Fuller supported the project. John French, San Luis Obispo, was also in favor of the proposal. Jim Sargen, San Luis Obispo, spoke in support of the zoning map amendment. Mayor Settle closed the public hearing. After discussion, moved by Smith /Romero to A) adopt Resolution No. 8558 approving a negative declaration of mitigation measures and amending the LUE map, based on findings; and B) introduce Ordinance No. 1300 to print approving a negative declaration with mitigation measures and amending the zoning map from R -2 to OS, based on findings; motion carried (4 -1, Council Member Roalman voting no). 5. GENERAL PLAN AMENDMENT - 1772 CALLE JOAQUIN (GP /R & ER 31 -96) (File No. 463) Council held a public hearing to consider Land Use Element text and map amendments and rezoning, from Tourist- Commercial (C -T) to Office, with Special Considerations (OS), for a broadcast studio on the hilltop restaurant site at the southerly end of Calle Joaquin; KSBY, applicant. Arnold Jonas, Community Development Director, and Glen Matteson, Associate Planner, summarized the recommended actions before the Council. Mayor Settle opened the public hearing. Richard Armfield, General Manager of KSBY, outlined the positive aspects of the television station's proposed relocation. Randy Wright, the project architect, presented a preliminary site plan. Mayor Settle closed the public hearing. After discussion, moved by Roalman/Romero to 1) adopt Resolution No. 8559 to: (A) approve the negative declaration of environmental impact; (B) amend the General Plan LUE map from Tourist Commercial to Office. 2) Introduced an Ordinance No. 1301 to print to: (A) approve the negative declaration of environmental impact; and (B) rezone about 2.7 acres from Tourist Commercial (C -T) to Office, with Special Considerations (O-S), which would require use permit review for any future substantial development or use other than a broadcast studio or single -story building; motion carried (5 -0). 6. GENERAL PLAN AMENDMENT - WATER & WASTEWATER (GP & ER 45 -96) (File No. 463) Council held a public hearing to consider revisions to the Water Management and Land Use sections of the General Plan (City- wide). John Moss, Utilities Director, briefly reviewed the agenda report. Mayor Settle opened the public hearing. John French, San Luis Obispo, spoke in support of changes, however he challenged the City's ability to legally institute a 2 -1 retrofit. City Council Meeting Page 9 Tuesday, July 2, 1996 - 7:00 p.m. Mayor Settle closed the public hearing. After discussion, moved by Romero/Williams to 1) approve the negative declaration of environmental impact; and, 2) adopt Resolution No. 8560 amending the Water Management and Land Use sections of the General Plan to: (1) allow 300 a.f. of water which has been reserved for intensification and infill within existing City limits to be used for annexation area; (2) account for reclaimed water as a new source of supply and credit it towards safe annual yield; and (3) clarify when private wells can be used to reduce or eliminate the need for an allocation to serve a project; motion carried (3 -2, Council Member Roalman and Mayor Settle voting no). — Vice Mayor Williams stated, for the record, that she felt the 2 -1 retrofit is now extremely onerous and that 1 -1 would be more than adequate. _z COMMUNICATIONS - Comm. 1. Vice Mayor Williams had received a complaint regarding sound levels at the Dallidet Adobe. John Dunn, City Administrative Officer, said he had referred the complaints to the the Historical Society, operators of the adobe, as well as the Police Department. BUSINESS ITEMS 7. ..CONTRACT AWARD - STREET SEAL COAT (File No. 96 -29) Council considered awarding a contract to Valley Slurry Seal in the amount of $419,547.92 for "1996 Street Seal Coat Project,' Specification No, 96 -29. Mike McCluskey, Public Works Director, reviewed the agenda report. Moved by Roalman/Witliams to 1) Award contract (including Alternate A for traffic control); 2) authorize the Mayor to execute the contract; and, 3) approve transfer of $113,000 from the 1995 Street Reconstruction Project budget to the 1996 Street Seal Coat Project budget; motion carried (5 -0). 8. CITY HALL ROOF RECONSTRUCTION (File No. 9101- 540 -553) Council considered funding for added project costs due to the presence of friable asbestos. Dave Elliott, Public Works Administrative Analyst, said that the cost for work required to remove the asbestos roof panels identified as friable would be $578,023.41 and explained the removal procedure. After discussion, moved by Romero/Smith to appropriate an additional $600,000 to the project account and approve contract change order in the amount of $578,023.41; motion carried (5 -0). 12:15 a.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Tuesday, July 16, 1996 at 6:30 p.m. in the Library Conference Room, 995 Palm Street for Closed Session followed by Regular Meeting at 7:00 p.m. in the Community Room. APPROVED BY COUNCIL: 7116196 I>f /.• - KC:bv i and sistant City Clerk