HomeMy WebLinkAbout05/25/1993, C1 - 04/20/1993 Draft MINUTES :TING GENDA
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO.
TUESDAY, APRIL 20, 1993 -7:00 P.M.
COUNCIL CHAMBERS- 61TY HALL-990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Draft Minute6
Boy Scout Pack 31 led the Pledge of Allegiance. to be approved.
Rabbi Harry Manhoff gave the Moment of Inspiration. nt CoL!'-X-I Meeting
ROLL CALL
Council Members
Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice-
Mayor Bill Roalman,and Mayor Peg Pinard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer;Ken Hampian, Assistant City
Administrative Officer; Jeff Jorgensen, City Attorney; Kim Condon,
Assistant City Clerk; Mike McCluskey, Public Works Director; Arnold
Jonas,Community Development Director,Bili Statler,Finance Director;
Jim Gardiner, Police Chief; John Moss, Acting Utilities Director, Ken
McCool, Fire Marshall
PUBLIC COMMENT PERIOD
P.C.1. Richie Ray Walker made a statement regarding respect and reality.
CONSENT AGENDA
Moved by RoalmanJSettle the Consent Calendar was unanimously approved as recommended by the
City Administrative Officer With the exception of C-3, C-5, C-6 and C-7 as noted; motion carried (5-0).
C-1 COUNCIL MINUTES
Council considered minutes of Tuesday, March 2, 1993 at 7:00 P.M.
Moved by Roalman/Settle to Waive oral reading and approve minutes; motion carried (5-0).
C-2 BOND COUNSEL AGREEMENT (File No. 201)
Council considered an agreement With Jones, Hall, Hill & White to retain their services as the City's
Bond Counsel.
Moved by RoalmanJSettle to authorize the Mayor to execute.Agreement.No. A-36.93-CC With Jones,
Hall, Hill & White; motion carried (5-0).
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City Council Meeting Page 2
Tuesday, April 20, 1993 - 7:00 O.M.
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C-3 FINANCIAL ADVISOR AGREEMENT (File No. 201)
Council considered an agreement with Evensen Dodge to retain their services as the City's Financial
Advisor.
Moved by Rappa/Roalman to authorize the Mayorto execute Agreement No.A-37-93-CC with Evensen
Dodge; motion carried (4-1, Mayor Pinard voting no).
C-4 FIRE STATION SITE ASSESSMENT (File No. 93-11)
Council considered a Request for Proposal (RFP) for the environmental site assessment for the
Southern California Gas property located at 2160 Santa Barbara Street,
Moved by Roalman/Settle to approve RFP and authorize City Administrative Officer to award the
contract; motion carried (5-0).
C-5 EMERGENCY RESPONSE SERVICES (File No. 711)
Council considered proceeding with discussions with California Polytechnic State University for the
purpose of developing a contract for emergency response services.
Moved by Settle/Pinard to direct staff to proceed with discussion and return to Council with a report
of findings prior to contract approval and execution; motion carried (5-0).
'C-6 ADVERTISING SERVICES RFP (File No. 93-12)
Council considered a Request for Proposals for the Advertising Services contract for FY 1993-94,with
an option to renew for 1994-95.
Moved by.Romero/Settle to continue this item for referral to staff for expansion of the contract
documents and to allow for further citizen input. Motion carried (5-0).
C-7 ANIMAL-SERVICES AGREEMENT (File No. 761)
Council considered an Animal Control services agreement with the County in the amount of$24,000
with an additional $1,000 being included for potential add-on charges.
Council discussed contracting at Level A services instead of the recommended Level B.
Moved by Roalman/Rappa to adopt.Resolution No. 8154 approving Agreement No. A-38-93-CC.
Motion carried (4-1, Mayor Pinard voting no).
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
PUBLIC HEARINGS
1. ROSEMONT PROJECT- GENERAL PLAN AMENDMENT (File No. 463) \
r
_ Council held a public hearing to consider a request to enable three houses at the northwest end of
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Tuesday, April 20, 1993 - 7:00 p.m.
Highland Drive by: 1)amending the general plan Land Use Element map to enlarge the urban reserve
by about two acres, and 2) adding the planned development (PD) zone to about 143 acres zoned
conservation/open space, with a 40-acre minimum parcel size, and approving a preliminary
development plan; John Rosetti, applicant.
Glen Matteson. Associate Planner, gave an overview of the agenda report and outlined the benefits
and detriments of the project.
Council Member Roalman submitted an alternative site plan to the Council and staff for consideration.
His proposal included three lots at the end of Highland Drive, each one approximately 25,000 square
feet with the remaining 146 acres coming back to the City in fee title rather than remaining in private
ownership.
Council discussed and asked staff for clarification on the scope of the geological study and setback
of the building envelopes from the slope break.
Mayor Pinard opened the public hearing.
Vic Montgomery,the applicant's representative, 3026 S. Higuera Street,furnished some background
on the project and enumerated the benefits of proceeding with the project.He said that the owner was
prepared to give the City fee title in the form of a gift deed to all of the open space outside of the
cluster envelope as proposed by Council Member Roalman. He said the owner was also prepared to
allow pedestrian access to follow the road through a permanent easement to the public with a right
to cross through the cluster envelope and said they would move the water tank. The applicant
requested retrofit credit for the three homes in exchange for a well located in by Highway 1 in the
open space portion. He asked that the City maintain pedestrian trails and cattle pond on fee-titled
land.
Dennis Shallenberaer. 4378 Santa Fe Road, Chief Geotechnical Engineer for Earth Systems
Consultants, preparer of the geologic study on the property, said there was likely to be only a limited
area that would be actively unstable. A 50 foot setback from the slide area was verbally recommended
because this was not an invasive study.
Robert Neal, 1-A Highland Drive, spoke in favor of the project and urged Council to pass the plan as
requested.
John Dalbev. 1154 Mill Street, said he felt Council Member Roalman's proposal was a good
compromise.
GlennaDeane Dovey. 875 Marigold Court, made her comments opposing the project on behalf of the
League of Women Voters.
Mayor Pinard, in order to focus the testimony and for the purpose of public comment,asked Council
if they would be considering staffs proposal or Council Member Roalman's amended proposal
tonight. By consensus, Council agreed to consider Council Member Roalman's proposal..
Amy Shore, 1536 Garden Street, said she supported Council MemberRoalman's alternative site plan.
Gary Felsman,2234 Santa Ynez,representing the Sierra Club,was opposed to the project as proposed
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Tuesday, April 20, 1993- 7:00 p.m. `
tonight because it was not in line with the City's hillside standards.
Eric Nicita. 1350 Cavalier, opposed the project due to its geological impacts.
Michael Sullivan. 1127 Seward Street, was surprised to learn of the new proposal but still had
reservations regarding inconsistencies with regard to the general plan.
David Wilson. 778 Boysen, addressed the project's general plan inconsistencies for the Monos and
pointed to public opposition to the project and the need to preserve open space and natural
resources.
Carla Sanders, 660 Oakridge, said she was unwilling to accept any level of geological instability as
a downhill neighbor.
Jennifer Winnick, 1023 Mill Street, was opposed to both staffs proposal and Council Member
Roalman's proposed alternative and was concerned about undermining the urban reserve line and
suggested that Council purchase the entire property for open space.
Mayor Pinard closed the public hearing.
City Attorney Jorgensen stated that the original agreement made 15 years ago was to allow the
property owner to apply for development of this area and that Council had no obligation to approve
or deny the proposal but merely to consider it in good faith.
Gary Henderson,Water Division Manager, said that moving the water tank to the area in the Roalman
proposal would not meet City standards of 40 psi minimum at the building sites.
Ken McCool, t=ire Battalion Chief, said that the lower elevation of the water tank would take away
gravity flow and best possible scenario for fire protection and that the higher the tank the better for
fire suppression.
Council expressed concern over City liability should the geologic studies fail to identity future slide
activity.
Moved by Settle to continue this item with direction to staff to enter into negotiations for a purchase
agreement. Motion failed for lack of a second.
After further discussion,moved by Romero/Roalman to adopt Resolution No.8155 granting a negative
declaration of environmental impact and amending the General Plan Land Use Element by moving the
urban reserve line to encompass the recommended building envelopes as shown on the Roalman
plan. Motion carried (3-2, Mayor Pinard and Council Member Settle voting no).
Moved by Roalman/Romero to conceptually approve the planned development under the following
conditions: Building setback to be within the screened area as delineated on the map for building
areas; water tank location have minimal impact on grading but that it meet minimum fire flow
conditions;swimming pools,tennis courts,and lighting that leaves the site be prohibited;mitigations
be tied to the land, that approximately 145 acres be gifted to the city, including a well off Highway 1
for which the developer will receive retrofit credit; City to maintain service:road and cul-de-sac; land
Immediately to the left of the driveway as property to remain in public ownership. Staff to xetum with
revised ordinance including these conditions at a future meeting. Motion carried (3.2, Mayor Pinard
and Council Member Settle voting no).
_ City Council Meeting Page 5
Tuesday, April, 20, 1993 - 7:00 p.m.
9:35 p.m., Mayor Pinard declared a recess.
9:55 p.m., Council recovened. All Council Members present.
2. APPEAL- PISMO STREET (File No. 407)
Council held a public hearing to consider an appeal by Dorothy Jean Warren of an Architectural
Review Commission approval of a request to add a one-bedroom apartment to a site with a one-
bedroom house located on the southeast corner of Pismo and Toro Streets (1203 Pismo); Bruce and
Myla Collier, applicants/owners.
Arnold Jonas, Community Development Director, reviewed the issues revolving around this item
focusing on the size of the proposed structure and its appropriateness to the neighborhood.
Dorothy Jean Warren, the appellant, explained her objections and those concerns of her neighbors.
.Bann Williams, 1110 California Boulevard, the owners' representative, asked that Council give final
approval and said that the project had been downscaled considerably from the original plan.
Sherr Fontaine, 1216 Buchon Street, urged Council to deny the project due to its size.
Jim Kelleher, 1216 Buchon, asked that the appeal be upheld.
Bruce Collier, the property owner, 1203 Pismo Street, assured Council that the laundry room would
not be converted to a second bedroom and said that many of his neighbors supported the project.
Eleanor McMillan, 1225 Pismo, expressed opposition to the project due to density on the property.
Mayor Pinard closed the public hearing.
After discussion, moved by Romero/Rappa to adopt a resolution denying the appeal and upholding
the ARC's action; motion failed(2-3, Council Members Settle, Roalman and Mayor Pinard voting no).
Moved by Roalman Settle to adopt Resolution No. 8156 upholding the appeal with amendments as
discussed this evening to delete Condition#2 and substitute a condition concerning potential of utility
room to be used as a second bedroom; motion carried (3-2, Council Members Rappa and Romero
voting no).
Moved by Roalman/Settle that the findings include concerns about the mass not being in character
With the block and that the multi-purpose room could convert to a second bedroom; motion carried
(3-2, Council Members Rappa and Romero voting no).
3. SETBACK EXCEPTION (File No. 532)
Council held a public hearing to consider a request for an exception to the Subdivision Regulations
to allow reduction of setback from access road from 10 feet to 0 feet for a flag-lot line adjustment on
the southwest side of FWini Street, southeast of Ella Street (2039 MUM); Paul and Dixie Cavigli,
applicants/owners.
Arnold Jonas, Community Development Director, gave a brief summary of the staff report explaining
_ __that the issue was a lot line adjustment to continue two existing lots but in a different configuration
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Tuesday, April 20, 1993-7:00 p.m.
in order to allow them to be used as two separate building sites.
Mayor Pinard opened the public hearing.
Louis Caballero, 965 Ridgecrest Place, Nipomo,representing the applicants,asked Council to adopt
staff's recommendation.
Randolph Scott,2030 Johnson.Avenue,opposed the development of.this subdivision due to the noise
and density in the neighborhood, as well as issues or privacy and drainage that directly affected his
property-
Norma Frey, 2014 Fixlini, was opposed to the setback exception.
Mary Rhodes, 2000 Fixlini, said her chief concern was that the area was no longer primarily owner-
occupied but had become a rental area with the attendant noise and density problems and so was
opposed to the setback exception.
Patti Johnstone. 2025 Fixlini, stated that she was opposed to the setback exception because the
property was not currently owner-occupied and due to her concerns about traffic density on this
block.
David Ralston,2025 Fixlini,opposed the setback exception because he felt the subdivision would just
create another rental in an area with already dense traffic and parking problems.
Jack Hinson, 2051 Fixlini, opposed the lot-line adjustment due to privacy and noise issues. J
Tom Frev. 2014 Fixlini, spoke against the lot-line adjustment.
Bob Sealy, 2001 Fixlini, was opposed to the project and thought it would jeopardize the quality of the
neighborhood.
Mark Frever, 2030 Fixlini, was against the development for all the reasons mentioned this evening..
Louis Caballero, representing the applicants,reminded Council that this issue is a lot line adjustment
and that the social issues raised this evening did not address the actual exception request.
Mayor Pinard closed the public hearing.
Council asked staff.if the applicant would be able to apply for a second dwelling on this property
without a lot line adjustment. Staff answered that there are two existing lots at this address which
could be combined to contain two, single-family.residences under the zoning.
Moved by Settle/Pinard to adopt Resolution No. 8157 denying the lot line adjustment. Motion carried
(3-2, Council Members Roalman and Rappa voting no).
Moved by Romero/Pinard to waive fee on a second application; motion carried unanimously (5-0).
4. SUBDIVISION -THE ARBORS (Fite No. 41b)
Council held a public hearing to consider the resubdivision of 88 approved condominiums to create
common interest residential lots and two commonly-owned parcels on the southwest side of Tank
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Tuesday, April 20, 1993-7:00 p.m.
Farm Road and Brookpine Drive (Tract 2135); Rob Rossi, subdivider.
Arnold Jonas answered questions regarding neighborhood improvements that would be made as a
part of this subdivision.
Mayor Pinard opened the public hearing.
Rob Rossi, the applicant, 850 Buchon, said that this new tract map would allow conversion from a
condominium to a'PUD and that all home owner's covenants previously agreed to with tract approval
would remain in place.
Mayor Pinard closed the public hearing.
Moved by Romero/Ragoa to adopt Resolution 8158 approving the tentative map for Tract 2135;motion
carried unanimously(5-0).
5. PREVAILING WAGE (File No. 176)
Council held a public hearing to eliminate the prevailing wage rate requirement for public works
construction contracts.
Moved by Settle/Romero to continue this item without discussion to date certain Tuesday, May 18,
1993; motion carried (5-0).
6. PARKING METER RATE INCREASE (File No. 551)
Council held a public hearing to consider amending the Municipal Code to change all parking meters
to 40 and 60 cents per hour effective July 1, 1994,and 50 and 70 cents per hour effective January 1,
1998.
Moved by Settle/Romero to continue this item without discussion to date certain Tuesday, April 27,
1993. Motion carried (5-0).
7. LATE FEES ON DELINQUENT ACCOUNTS (File No. 202)
Council held a public hearing to consider implementing a monthly late fee in the amount of $10 to
1.5%, whichever is greater, on all accounts that have not been paid within 30 days of due date and
providing for setting penalties on delinquent business and transient occupancy taxes.
Moved by Settle/Romero to continue this item without discussion to date certain Tuesday, April 27,
1993. Motion carried (5-0).
BUSINESS ITEMS
8. APPOINTMENTS TO HOUSING AUTHORITY (File No. 123)
Council considered three appointments to Housing Authority.
Moved by Roalman/Settle to reappoint Jamie Daniel and Alice Martin to two year-terms to end
3/31/95; and Stephen R. Nelson to a four-year term to end 3/31/97; motion carried (5-0).
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Tuesday, April 20, 1993- 7:00 p.m.
9. SMOKING ORDINANCE.ANALYSIS (File No. 701)
Council considered the results of the economic analysis of the smoking ordinance.
Moved by Romero/Roalman to receive and file the report; motion carried (5-0).
10. GENERAL PLAN REVIEW CALENDAR (File No. 462)
Council considered the schedule for adopting the revised General Plan Elements and other City
planning documents.
Moved by Settle/Romero to ratify the schedule; motion carried (5-0).
COMMUNICATIONS
COMMA. Council Member Settle stated he would be doing some research on tow trucks parked
overnight in certain zones.
COMM.2. Council Member Ranua asked her Council colleagues to respond to Brian Gingg's
request regarding Disability Awareness Day.
12:17 AM there being no further business to come before City Council, Mayor Pinard adjourned the +
meeting to date certain April 27, 1993 at 7:00 PM.
APPROVED BY
COUNCIL: Kim L Condon, Assistant City Clerk
KLC:cm