HomeMy WebLinkAbout04/20/1999MINUTES
1 REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 20, 1999 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
The meeting, having been noticed to begin at 4:00 P.M., was called to order by City Clerk
Price. There being no regular business item and no Council Members present, the Clerk
adjourned to 5:30 P.M.
ROLL CALL - 5:30 P.M:
Council Members:
Present: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice
Mayor Dave Romero, and Mayor Allen K. Settle
Absent: None
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Mary Kopecky, Assistant City Clerk; Ken Hampian,
Assistant City Administrative Officer; Arnold Jonas, Community
Development Director; Bill Statler, Finance Director; Bob Neumann,
Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public
Works Director; Paul LeSage, Parks and Recreation Director; Wendy
George, Assistant to the CAO; John Shoals, Associate Planner; and
Karen Jenny, Risk Manager
CONSENT AGENDA
Staff requested that Item #C1 be continued to May 4,1999. Council Member Schwartz pulled
Items #C2 and #C3 for discussion.
ACTION: Moved by Romero /Schwartz to approve the consent agenda as recommended by
the City Administrative Officer, with the exception of Items #C2 and #C3; motion carried 5:0.
C1. COUNCIL MINUTES, APRIL 6. 1999.
ACTION: Continued to May 4, 1999.
C2. FINAL PASSAGE OF ORDINANCE NO. 1350 REZONING: 1150 LAUREL LANE
(ATOLL HOLDINGS). (File No. 201 -05)
Council Member Schwartz indicated objection to the rezoning and voiced concern
that the office space will be leased by County or other governmental agencies. He
suggested an amendment to the ordinance that would prohibit that kind of use.
1 Council Member Marx concurred.
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Tuesday, April 20,1999 -5:30 p.m.
City Attorney Jorgensen noted that changes in the ordinance would require
reintroducing the ordinance at a subsequent meeting.
Community Development Director Jonas reminded Council there were only two
choices before them: 1) approve or 2) deny.
ACTION: Moved by Schwartz/Marx to deny final passage to Ordinance No. 1350.
Motion failed 2:3 (Ewan, Romero, Settle).
ACTION: Moved by Romero/Ewan to accept the CAO Recommendation to grant final
passage to Ordinance No. 1350, approving a Negative Declaration with Mitigation
Measures, and amending the zoning map from M (Manufacturing) to M -MU
(Manufacturing -Mixed Use) for property located at 1150 Laurel Lane, based on
findings; motion carried 3:2 (Marx, Schwartz).
C3. FINAL PASSAGE OF ORDINANCE NO. 1351 REZONING: 3450 BROAD STREET
(ACACIA CREEK LLC). (File No. 203 -05)
C4.
Council Member Schwartz suggested that Condition # 8 to be changed to read,
"Offices of any County agency shall not be permitted. Exception: County offices
may be permitted in cases of emergency or in cases when the County is vacating
offices in the tri -polar area to allow for the construction of a new building or the
renovation of an existing building. Such exceptions shall be for a non - renewable
period of 18 months maximum."
Vice Mayor Romero objected.
Council Member Schwartz. made a motion to change Condition #8 in Ordinance No.
1351. The motion failed due to the lack of a second.
ACTION: Moved by Romero /Ewan to grant final passage to Ordinance No. 1351,
approving a Negative Declaration and amending the zoning map from C-S-S
(Service - Commercial with the Special Consideration overlay zoning ) to C- S-S -PD
(Service - Commercial with the Special Consideration and Planned Development
overlay zoning); motion carried 4:1 (Schwartz).
201 -11)
Council Member Ewan stepped down due to a possible conflict of interest because the
project is near his personal residence.
ACTION: Moved by Romero /Schwartz to set continued hearing on the appeal of
sidewalk improvement requirements for 1480 Ella Street to May 18,1999; motion
carried 4:0 (Ewan refrained).
Council Member Ewan returned to the dais.
C5. RESOLUTION OPPOSING PACIFIC BELL'S 411 RATE INCREASE. (File No. 70406)
C
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Tuesday, April 20, 1999 -5:30 p.m.
Page 3
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8920 opposing
' Pacific Bell's 411 rate increase and submit it to the California Public Utilities
Commission; motion carried 5:0.
C6. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS. (File No. 509 -06)
ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No. 8921 adjusting
annual salary and other benefits of the City Administrative Officer. 2) Adopt
Resolution No. 8922 adjusting annual salary and other benefits of the City Attorney;
motion carried 5:0.
C7. AUTHORIZATION OF CITY CONTRIBUTION TO AN OFF -LEASH DOG PARK. (File
No. 704 -06)
ACTION: Moved by Romero /Schwartz to 1) authorize a contribution, from existing
funds, of $5,000 to the SLO- 4 -PUP's organization for the purpose of assisting in the
construction of an off -leash dog area at EI Chorro Park. 2) Direct the City
Administrative Officer to execute a formal agreement with SLO- 4 -PUP's that
includes a provision that City funds will not be dispersed until the project is fully
funded and ready to proceed to construction; motion carried 5:0.
C8. PURCHASE OF PARKING METER HOUSINGS. (File No. 704 -06)
ACTION: Moved by Romero /Schwartz to approve specifications for purchase of
parking meter housings, authorize soliciting of bids and authorize contract award
by the City Administrative Officer if the lowest responsible bid is within the
engineer's cost estimate of $54,000; motion carried 5:0.
C9. IIMPeLEMENToATIION OFnMPLO ecR PAID MEMBER CONCRIB^TI�ONS TO THE
nI
LOCAL 3523. (File No. 509 -03)
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8923 approving the
reporting of the value of Employer Paid Member Contributions to PERS as
additional compensation for the International Association of Firefighters, Local
3523; motion carried 5:0.
C10. GUIDETTI PROPERTY PURCHASE - RAILROAD TRANSPORTATION CENTER. (File
No. 704-06)
ACTION: Moved by Romero /Schwartz to 1) authorize the purchase of property from
Joseph Guidetti for the Railroad Transportation Center in the amount of $227,000.
2) Authorize the City Administrative Officer to sign purchase documents and the
deed; motion carried 5:0.
Mayor Settle called a recess. The meeting reconvened at 7:00 p.m.
PRESENTATION
RECOGNITION OF EMPLOYEE APPRECIATION WEEK.
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Tuesday, April 20, 1999 -5:30 p.m.
Mayor Settle recognized and extended appreciation to the employees of the City of San
Luis Obispo. He proclaimed the week of April 19'h "Employee Appreciation Week."
PUBLIC COMMENT
Rick Fabrick commented in support of a recent recommendation by the Human Relations
Commission to add an anti - discrimination clause to the City Charter.
Elizabeth Bruner, Cal Poly student and instructor, voiced concerns regarding public bus
service. She believes bus service has declined during the last six months. She has
noticed tension between managers and dispatchers. She has observed wheelchair riders
are often unable to board the buses because the lifts are not working properly. She asked
Council to investigate.
COUNCIL LIAISON REPORTS
Vice Mayor Romero submitted a report on the last SLOCOG meeting. He reported on the
progress of the Cuesta Grade Project. The approved SLOCOG budget has allocated money
for widening South Higuera. The SLOCOG board also approved a priority list for future
State Transportation Improvement Plans (SIP). Additionally SLOCOG will be moving ahead
with a project to install call boxes on Route 166.
Vice Mayor Romero reminded Council about the upcoming meeting of the League of
California City Channel Counties Division on Friday, April 23, 1999 in Santa Barbara.
Council Member Schwartz reported on the League of California Cities Revenue and
Taxation Policy (R &T) Committee. The committee meeting reviewed the proposed Police,
Fire and Local Government Funding Initiative and also the 1999 Work Program Priorities.
Council Member Marx reported that the Economic Opportunity Commission is looking for
larger space and has recently employed a new consultant.
PUBLIC HEARINGS
2. PLANNED DEVELOPMENT AND TRACT MAP /DEVELOPMENT PLAN APPROVAL: 915
EL CAPITAN (GEARHART) (continued from March Z 1999). (File No. 203-05)
Associate Planner Shoals provided an overview of the staff report.
Mayor Settle opened the public hearing.
Doug Davidson, Cannon and Associates, gave an overview of the project. In response to
inquiry from Council he assured Council that a light vehicle could drive there.
Council Member Schwartz wanted assurance that a vehicle could get over the bridge to
provide maintenance access for the open space area.
Mayor Settle closed the public hearing.
Vice Mayor Romero proposed that the path be large enough to accommodate a one -ton
pick up truck to remove fallen trees and he requested that staff meet with the applicant to I
address this issue. He noted that staff has not modified the project to exclude
decomposed granite for parking spaces.
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Tuesday, April 20, 1999 -5:30 p.m.
Page 5
ACTION: Moved by Romero/Ewan 1) introduce to print Ordinance No. 1352 (with an
1 amendment to condition one deleting the words "decomposed granite" as an
alternative paving material from Section Three) approving a Mitigated Negative
Declaration of environmental impact approving, with amended findings and
conditions, the revised planned development and PD rezoning. 2) Adopt
Resolution No. 8924 approving a Mitigated Negative Declaration and approving,
with amended findings and conditions, the revised vesting tentative tract map to
take effect on the effective date of the PD rezoning; motion carried 5:0.
3. APPEAL OF A LOT LINE ADJUSTMENT AT 1704 AND 1708 BROAD STREET
(HOWARD CARROLL, APPLICANT/APPELLANT). (File No. 201 -11)
Associate Planner Shoals presented the staff report. He reported that there were two issues
before Council, the relocation of the utilities and the common parking.
Mayor Settle opened the public hearing.
Howard Carroll, applicant/ appellant, noted that the issue with the easement has been
resolved, however, the parking requirement is still unacceptable. He argued that two trees
would be lost and spoke in support of the appeal.
Mayor Settle closed the public hearing.
ACTION: Moved by Marx/Romero to adopt Resolution No. 8925 denying the appeal
and upholding the Community Development Director's action on the project with
the following amendments: 1) Condition 2, Section 2 deleted. 2) Condition 3
1 modified to add the language "...or appropriate easements granted... "; motion
carried 5:0.
Council Member Marx suggested some revisions to the Community Development Block
Grant (CDBG) process. City Administrative Officer Dunn reported that the current process
is working well, but suggested that staff can review the process. After discussion Council
referred this matter back to staff for further analysis with direction to return to Council at a
later date.
Council Member Marx reported that she was recently contacted by Huel Howser who is
planning to produce a television show about the Morros. City Administrative Officer Dunn
suggested Neil Havlik and Paul LeSage as resources to assist her with this project.
Council Member Marx inquired about the Boy Scouts of America (BSA) issue. Mayor Settle
indicated that the City has been talking with representatives from BSA. The matter will be
coming forward for discussion in the future.
4. SAN LUIS MARKETPLACE ECONOMIC STUDY AND FOLLOW -UP. (File No. 202 -03)
Assistant City Administrative Officer Hampian and Finance Director Statler presented the staff
report Allan Kotin, of PCR Kotin, presented an overview of the San Luis Marketplace
Economic Study. Andrew Merriam, project representative, presented a history of the property
and the project.
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Tuesday, April 20, 1999 -5:30 p.m.
Page 6
Mayor Settle opened the meeting for public comment.
Howard Carroll, 2175 Biddle Ranch Road, voiced support for the project because he believes
that the City must remain economically competitive.
Bill Bird, developer, reported that the Target stores have been involved with this project from
the beginning, have invested over $100,000 to -date, and consider the site as their primary
choice. He indicated that Sears is also supportive of this project.
Shelly Stanwick Director of Governmental Affairs for the Chamber of Commerce, reported
that the Chamber supports the CAD recommendation.
The following individuals voiced opposition for the project: Christine Mullholland, Susan
Amerikaner, Ray- Belknap, Dave Hafemeister, Ella Honeycutt , Holley Ziegler, Steve Eabrv. Jan
Beatty, Mary Beth Schroeder, Sara Christie, Pat Veesart, Judy Neuhauser, Ira Winn, Richard
Kransdorf, Chuck Lone, Steve McGrath, Oval Osborne, Pete Evans, Jim Lopes, Anthony
Whalls, Richard Schmidt, and Tim Plumb.
The following individuals spoke in favor of the project: Bill Thoma, Joe DeLucia, and Jack
Cashin.
Council took a break at 10:05 p.m. and resumed at 10:15 p.m.
Project representatives, Bill Bird and Andrew Merriam provided rebuttal comments. Then
Allan Kotin responded to the public comments.
Andy Trackman, MBA Real Estate representative for the Central Coast Plaza, informed Council '
that the owners were currently redeveloping the property.
Dave Hoffineister shared concerns with the content of the Kotin report
Mayor Settle returned the discussion to the dais.
Council Member Ewan voiced concerns relating to lost sales and the proper location for retail.
He expressed opposition to under writing the overpass and concluded this project does not
have community support.
Council Member Marx concurred. She shared concerns that the project would impact the
viewshed and impose upon prime agricultural land. Additionally, she was wary because this
project was located in an airport area on a site where two plane crashes have occurred. She
noted that the flood hazard zone of this site would be made worse if the land was paved. She
was also fearful of possible subsidence, poor air quality, and the existence of a former
Chumash settlement on the site. She viewed the project as pedestrian unfriendly and very car
oriented.
Vice Mayor Romero expressed support for the project because it can accommodate a large
commercial business near the freeway. He pointed out that the only issue for consideration at
this time is the economic impact this project will have on the City. He noted that he supports
the project because a portion of the revenue gained from the project will be used to pay for the
freeway interchange, thereby resolving some current traffic problems. Vice Mayor Romero
voiced concern that denial of the project would result in withdrawal of the annexation
application causing substantial lost tax revenues. He cautioned that the City can only control
the use of this property if Council votes to continue. In addition he stated that denial of this
project may send a message to future developers that the City does not support large
developments.
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Tuesday, April 20,1999 -5:30 p.m.
Council Member Schwartz was supportive of the project because the economic character of
the City has changed over many years to the point where the community has evolved to the
marketplace. Although he did not agree with the General Plan and did not like the amount of
funding the City might be required to rebate to build the interchange, he was convinced that
the City needed to move forward with the MOU. Council Member Schwartz observed that
since the passage of Proposition 13, local governments have come to rely upon sales tax
revenues. He stated that he sees little alternatives for other sources of funding.
Mayor Settle spoke in support of the General Plan and perceives that the community does not
support the project; he believes the Council should proceed with negotiating a development
agreement.
Moved by Romero/Schwartz to: 1) Reaffirm the General Plan concept of allowing some
commercial and residential development on the property in exchange for permanent open
space protection. 2) Direct staff to negotiate a Memorandum of Understanding (MOU) with
the project applicant outlining the basic principles for an eventual development agreement,
including that the City will negotiate a performance based sales tax sharing agreement. 3)
Authorize staff to use the services of Allan Kotin to represent the City in the MOU
negotiations, with the cost of this service to be paid by the developer, with the option of
reimbursement from future bond proceeds. 4) If MOU negotiations cannot be successfully
concluded within 90 days, direct staff to return to Council for further direction; motion
carried (3:2, Ewan, Marx).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 12:10 A.M. to Tuesday, April 27,1999 at 7:00 p.m. in the Library Community Room,
990 Palm Street, San Luis Obispo, for a joint meeting of the City Council, the Planning
Commission and the Architectural Review Commission.
APPROVED BY COUNCIL: 5118/99
MK:dr A
r
Mary Ko ecl
Assistant CitV Clerk