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HomeMy WebLinkAbout01/19/1999MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 19, 1999 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, and Mayor Allen K. Settle City Staff: Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Ron Whisenand, Development Review Manager, Pamela Ricci, Associate Planner and Glen Matteson, Associate Planner. CLOSED SESSION ANNOUNCEMENT City Attorney Jorgensen announced the closed sessions as follows: CONFERENCE WITH PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8 Property: Filipponi Property, South Higuera Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Herbert Filipponi and JoAnn Den Bow Negotiation: Whether to Negotiate /Acquire ACTION: Council authorized further negotiations for acquisition. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9 Steve Smith v. City of San Luis Obispo 1 ACTION: On- going. City Council Meeting Page 2 Tuesday, January 19, 1999 - 7:00 p.m. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9 (c) Number of Cases: 1 ACTION: No action taken. PUBLIC COMMENT Astrid Gallagher praised staff for the Railroad District Plan. She asked staff to consider three areas that she felt needed more work: 1) traffic on Santa Barbara and Osos Street; 2) garbage and graffiti clean -up; and, 3) safety and health concerns in the area. APPOINTMENTS Al. APPOINTMENTS TO THE PLANNING COMMISSION (File No. 305 -02) Council Member Marx reported. At the request of Council Member Schwartz, the Council took action on the two appointments individually. ACTION: Moved by Marx/Ewan to appoint Alice Loh to an unexpired term to begin immediately and end 3/31/02; motion carried 5:0. Council Member Schwartz and Vice Mayor Romero recommended that the Council select a candidate who has lived in San Luis Obispo longer and who has greater planning experiences than applicant Stephen Peterson. Discussion ensued. ACTION: Moved by Marx/Ewan to appoint Stephen Peterson to an unexpired term to begin immediately and end 3/31/01; carried 3:2 (Romero, Schwartz). A2. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION (File No. 306 -02) Council Member Schwartz reported. ACTION: Moved by Schwartz/Romero to appoint Jennifer Metz to fill an unexpired term to begin immediately, ending on 3/31/01; motion carried 5:0. ACTION: Moved by Schwartz/Romero to appoint Zeljka Howard to fill an unexpired term to begin immediately, ending on 3/31100; motion carried 5:0. CONSENT AGENDA ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. Comments: Council Member Ewan noted he was pleased to see the cooperative agreement with the school district (Item C4). Council Member Marx also voiced concurrence with the recommendation to name the trail for Gary Felsman, as he was instrumental in raising $50,000 to purchase the open space on Bishops Peak (Item CS). Council Member Schwartz noted that he would refrain on Item Cl due to absence. [1 City Council Meeting Page 3 Tuesday, January 19, 1999 - 7:00 p.m. C1. COUNCIL MINUTES Tuesday, January 5, 1999 ACTION: Moved by RomerolEwan to waive oral reading and approve minutes as submitted; motion carried 4:0 (Schwartz refrained). C2. ZONING TEXT CLEAN -UP AMENDMENTS 2ND READING; CITY -WIDE. (File No. 201- 06) ACTION: Moved by Romero /Ewan to grant final passage to Ordinance No. 1346; motion carried 5:0. C3. HUMAN RELATIONS COMMISSION BYLAWS REVISION. (File No. 302 -04) ACTION: Moved by RomerolEwan to adopt Resolution No. 8897 to change the date of commissioner appointments for the Human Relations Commission from April 1 to October 1; motion carried 5:0. C4. COOPERATIVE PURCHASING AGREEMENT. (File No. 704 -06) ACTION: Moved by Romero /Ewan to 1) approve a cooperative purchasing relationship between the City of San Luis Obispo and the San Luis Coastal Unified School District for the provision of food and related supplies for programs of the Parks and Recreation Department; and 2) authorize the City Administrative Officer to sign the agreement; motion carried 5:0. C5. NAME BISHOP PEAK TRAIL THE "FELSMAN LOOP TRAIL ". (File No. 704-06) ACTION: Moved by RomerolEwan to name the trail the "Felsman Loop Trail "; motion carried 5:0. C6. AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE. (File No. 707 -01) ACTION: Moved by Romero/Ewan to adopt Resolution No. 8898 amending the City's Conflict of Interest Code; motion carried 5:0. C7. MARGARITA AREA (PORTION) - KING /DEBLAUW PROPERTIES C -OS PRE - ZONING REQUEST 2ND READING (R 175 -981. (File No. 208 -03) ACTION: Moved by Romero /Ewan to grant final passage to Ordinance No. 1348, as introduced January 5, 1999, to prezone the annexation area Conservation /Open Space; motion carried 5:0. C8. 1997 -98 RISK MANAGEMENT REPORT. (File No. 405 -02) ACTION: Moved by Romero/Ewan to receive and file the risk Management Report for 1997 -98; motion carried 5:0. C9. CHANGING THE NAME OF THE PERSONNEL DEPARTMENT. (File No. 502 -01) ACTION: Moved by RomerolEwan to approve a change in the name from "Personnel Department" to "Department of Human Resources "; motion carried 5:0. City Council Meeting Tuesday, January 19, 1999 - 7:00 p.m. COUNCIL LIAISON REPORTS Page 4 LEAGUE OF CALIFORNIA CITIES LEADERSHIP WORKSHOP: Vice Mayor Romero emphasized that the workshop stressed the importance of cities becoming closely connected to their legislators in every possible way. He also reported that the next Channel Counties Division League meeting will be hosted by the City of San Luis Obispo on February 5, 1999 at the Embassy Suites Hotel. INTEGRATED WASTE MANAGEMENT: Vice Mayor Romero reported that the Worm Bin Program has been very successful. DOWNTOWN ASSOCIATION: Council Member Schwartz noted that the Downtown Association met and discussed concerns regarding the Higuera Street Bridge, the proposed Marketplace, newspaper racks and the lack of downtown restrooms. In addition, the Association reviewed a. recent master plan study and is recommending that the County offices remain in the downtown. LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE: Council Member Schwartz reported that the major concern of the committee was telemarketing via the Internet. Another area of concern was an upcoming bill that would preempt local government control of home businesses. LEAGUE OF CALIFORNIA CITIES ENVIRONMENTAL QUALITY POLICY COMMITTEE: Mayor Settle reported that the committee reviewed proposed legislature regarding environmental impact report requirements and continues to support local government control. He reported that it is expected that cities who have demonstrated due diligence in their efforts, but have not yet met, AB 939 requirements for solid waste reduction may be excused from penalties set forth in the bill. HUMAN RELATIONS COMMITTEE (HRC): Council Member Marx stated that interviews will soon be conducted and recommendations for appointments are ......forthcoming. ECONOMIC OPPORTUNITY COMMISSION (EOC): Council Member Marx noted that child care has doubled in the San Luis Obispo area during the last two years. She reported that EOC CalWERKS Program is expanding. SAN LUIS OBISPO COUNTY Y2K ACTION ALLIANCE - Council Member Marx reported that the Alliance is coordinating efforts to promote preparedness in the event cities and counties experience an interruption in services in the year 2000. PUBLIC HEARINGS APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION - CENTRAL COAST MALL - 321 MADONNA ROAD. (File No. 201 -11) Community Development Director Jonas introduced the matter. Pam Ricci provided background and summarized the major project components. Jim Aiken, Planning Commission Chair, reviewed the perspective of the Architectural Review Commission (ARC) in reaching the decision. Council questions followed. 1 City Council Meeting Page 5 Tuesday, January 19,1999 - 7:00 p.m. ' Mayor Settle opened the public hearing: Appellant Brian Christianson, 818 Pismo Street, distributed written comments in support of the appeal. He asserted that the process had not been followed properly and that staff has misled the applicants. Brett Cross commented that the renovation project is not a minor deviation and noted that significant changes are proposed. He suggested that staff took exception to the rules and urged the Council to uphold the zoning regulations. Jim Lopes summarized his letter (on file with the City Clerk). He proposed that the Council develop a new vision, let the community take a look at both malls in a facilitated community workshop and follow the policies in the General Plan. City Clerk Price read into the record a letter from John Conner, General Manager Embassy Suites, encouraging the Council to move forward with the renovations to the mall (letter on file with the City Clerk). Andy Trackman, representing the applicants, spoke in opposition to the appeal and addressed issues related to the design. Bill Swackhammer, representing the owners of the mall (Mony Life Insurance Company), read portions of his letter submitted to Council (on file with the City Clerk). He urged support for the staff recommendation and, further, requested that the appeal be denied. A letter from Joe Levy, Chairman of Gottschalks, was read into the record urging support and approval of the plan. In rebuttal, appellant Brian Christianson implored the Council to act in accordance with the planned development ordinance of the municipal code. Mayor Settle closed the public hearing. Lengthy Council discussion followed. Council Member Marx stated that the matter should be referred to the Planning Commission because the proposed changes are not minor. She summarized her concerns and recommendations expressed in her memo to Council dated 1/19/99 (on file with the City Clerk). Community Development Director Jonas corrected the number of parking spaces and demonstrated an expeditious time line (4-6 months) if the Council directs the matter to the Planning Commission. City Attorney Jorgensen advised that the judgment by Community Development Director was reasonable and defensible, particularly in light of the consistent instructions given to staff by Council to expedite and facilitate revitalization of the mall. Vice Mayor Romero commented in support of the Community Development Director's interpretation. Council Member Schwartz disagreed and argued that planned development ordinance requires a preliminary plan, a final development plan and two public hearings. Referencing Section 17.62.080(a), Council Member Schwartz emphasized that the changes proposed require a new application and the submittal of new preliminary plans. He added that while he supports the renovation of the mall, it must be done in a lawful way. Mayor Settle commented that he considers the plan a removal and /or replacement of an existing use and indicated he would support denying the appeal to allow the project to proceed. City Council Meeting Page 6 Tuesday, January 19,1999 - 7:00 p.m. Council Member Ewan stated that while he has some concerns regarding the design, he would not like to see the process delayed by sending the matter to the Planning Commission. Council Member Marx proposed, and Council Member Schwartz agreed, that the plans proposed are not minor and that the planned development ordinance should be revised. A motion to deny the appeal was made and withdrawn after staff advised the Council that input on the design conditions can be provided as part of the appeal process. Individual Council input ensued, as follows: Vice Mayor Romero shared concerns regarding parking lay -out, recommending the continued use of angled parking with wheel stops. He also suggested that compact spaces be changed to mid -size. In addition, he noted that the boulevard connecting to the future Dalidio mall appears to create an unsafe condition and suggested a re- design. Council Member Ewan concurred, adding that sidewalks be included on both sides to create a nice streetscape. He also expressed concern regarding the entrance to Major Tenant D on El Mercado and suggested a re- design. Council Member Ewan proposed that the matter be send back for additional review by the ARC. Council Member Schwartz commented that the design does not create a synergistic system, does not provide for maximum ability to move from one store to another, could be more straight forward, compatible and include better use of materials and forms. He also expressed objection to head -end parking and remarked that El Mercado should be more user friendly. Council Member Marx asked that the conditions include a requirement that mature trees replace any trees removed. Mayor Settle voiced support for sending the matter back to the ARC for refinement based upon comments by Council. Andy Trackman, representing the applicant, explained that a move to angled versus head - end parking will result in a 10% decrease in the parking. This and other constraints may impact the viability of the project, he said. At that, he requested an opportunity to provide a project description so that precise input on the design could be received. By mutual agreement, the Council agreed to accept a presentation of the project following a 10- minute break._ At approximately 10:00 p.m. Mayor Settle called a recess; at 10:10 p.m. the meeting resumed. Victor:Montgomery , applicant, presented slides demonstrating the project constraints and design features. Appellant Brian Christianson reiterated his concern that an additional 30,000 square feet of development is a significant change. He noted that if that isn't clear, he's willing to take the appeal to a different level. Jim Lopes commented that the project is nothing like the original mall and passed around an earlier concept plan with bubble diagrams demonstrating different plans for the center. Brett Cross commented that the findings in the resolution does not include the Community Development Director's determination. Staff pointed out that the Section 2 of the resolution does, in fact, include this information. —End of testimony- City Council Meeting Page 7 Tuesday, January 19, 1999 - 7:00 p.m. Council Member Marx suggested a joint meeting with the ARC and the Planning Commission to review the planned development ordinance. ACTION: Moved by Ewan/Romero to adopt Resolution No. 8899 denying the appeal (upholding the ARC action to approve the project, including approval of the Negative Declaration with Mitigation Measures) and to send the matter back to the ARC for review for refinement based upon the Council comments; motion carried 3:2 (Marx, Schwartz). Council Member Schwartz commented in support of the recommendation to conduct a study session with the ARC and Planning Commission because he believes that a serious misinterpretation has been made. 2. HEARING TO RECEIVE PROTESTS FOR FULLER ROAD AREA ANNEXATION. (File No. 208 -03) Associate Planner Glenn Matteson provided the staff report. Mayor Settle opened the public hearing. There was no public comment in support or in protest. Mayor Settle closed the public hearing. ACTION: Moved by Romero /Marx to conduct the required protest hearing and report the results to the Local Agency Formation Commission (LAFCo); motion carried 5:0. 3. APPEAL OF SIDEWALK IMPROVEMENTS AT 1480 ELLA STREET (CONTINUED FROM DECEMBER 15, 1998). (File No. 201 -11) Council Member Ewan stepped down due to potential conflict of interest. Staff noted that the appellant had submitted a request to continue the matter to a date uncertain. City Attomey Jorgensen advised the Council to continue for ninety days. ACTION: Moved by Marx/Romero to continue the matter per the appellant's request for 90 days; motion carried 4:0:1 (Ewan abstained). 4. AMEND HOUSING ELEMENT TO DELETE CITY- INITIATED R -3 ZONING IN THE EDNA- ISLAYAREA. (File No. 208 -01) Community Development Director Jonas provided the staff report and recommendation to approve the amendment. There was no public comment. ACTION: Moved by Romero /Marx to adopt Resolution No. 8890 to amend the Housing Element to delete consideration of City- initiated R -3 zoning in the Edna - Islay Area; motion carried 5:0. 5. JOHNSON AVE. ABANDONMENT (JOHNSON AT BUCHON) -1265 BUCHON. (File No. 812 -07) Council Member Ewan stepped down due to potential conflict of interest. Public Works Director McCluskev provided the staff report. Council questions followed. Mayor Settle opened the public hearing. City Council Meeting Page 8 Tuesday, January 19, 1999 - 7:00 p.m. Lou Kluver, representing the applicant, opposed the expense of making the improvements required and requested approval for a phased project to allow the addition of a third bedroom with no or minimal improvements so they can move forward. She asserted that it is not fair to the applicant to bear the entire cost of putting in the driveway. Ursula Bishop, applicant, explained that she disagrees with the requirements to make the improvements since her family will not use the access road and ramp. She spoke in favor of the abandonment and postponement of the improvements until all parties agree to participate. Mary Ellen Gibson spoke in support of the abandonment and the applicant's request. She also distributed a visual handout demonstrating whether the properties are owned or rented. Joseph Weber, property owner, said that his tenants are ticketed for parking on the City's portion and explained that he cannot afford to do the improvements the City should have done. He added that he has previously requested the City to improve the access road and has not received any response. Crocket Johnson, 1265 Buchon Street, spoke in support of the request. - -End of public comments -- Council discussion followed. Vice Mayor Romero commented that critical access is needed by the City to get to the pump house and so, therefore, if there's improvement, the City should participate. Mayor Settle and Council Member Marx commented in support of the abandonment the without improvements. ACTION: Moved by Marx/Romero to adopt Resolution No. 8901 abandoning a portion of Johnson Avenue right -of -way, between Buchon Street and the Union Pacific Railroad Right -of -Way, subject to reservation of easements and conditions, without requiring residents to pay for improvements; motion carried 4:0:1 (Ewan abstained). COMMUNICATIONS Council Member Marx asked Council to consider revision to the Planned Development Ordinance she drafted (see memo to Council dated 1119199). She also distributed a flyer to the Council regarding Y2K awareness. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:25 p.m. to Wednesday, January 20,1999 when the Council will meet to travel to a Leadership Conference. The next meeting of the City Council will be Saturday, Jpivaiy 30, 1999 at 8:30 a.m. in the Library Community Room, 995 Palm Street, San Luis Obipoo for thepurpose of conducting a goal setting workshop. ^ / APPROVED BY COUNCIL: 2!16/99 LP:dr D Lee Price, C.M.C. City Clerk