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HomeMy WebLinkAbout03/05/1991WV City Council Minutes Page 3 1 Monday, February 25, 1991 - 7:00 pm* APPROVED BY COUNCIL: 3/19/91 Voges, Cty PV.cmh i erk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 5, 1991 COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice-Mayor Bill Roalman, Councilmembers Peg Pinard, Jerry Reiss, and Mayor Ron Dunin Absent: Councilwoman Penny Rappa City Stan' Present: John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Jim Gardiner, Police Chief; Bill Hetland, Utilities Director, Carol Hoon. Recording Secretary PUBLIC COMMENT P.C.I. Donald Smith. Vista Del Lago, expressed concern for Nacimiento Reservoir as our cheapest and best source of water. He recommended a pipeline from the reservoir in favor of rationing or desalination. He urged the Council to request the City's allocation now from the Board of Supervisors. Councilwoman Pinard urged Council to ask Monterey County to hold the City's entitlement in reserve for next year. On general consensus Council directed staff to write a letter for the Mayor's signature urging the County Board of Supervisors to safeguard the City's water allocation in reserve. P.C2. Brett Cross, 1217 Mariner's Cove, urged the Council to pump the water from the Laguna Lake so it may be dredged. �- CONSENT AGENDA Moved by Roalman /Dunin that the Consent Calendar be approved as recommended by the City Administrative Officer (4 -0-1, Councilwoman Rappa absent). C -1 COUNCIL MINUTES Council approved the following minutes as amended (4 -0-1, Councilwoman Rappa absent): Tuesday, January 29. 1991 at 7:00 p.m.: and 1 Thursday, January 31, 1991 at 7:00 p.m. 453 City Council Minutes Page 2 Tuesday, March 5, 1991 - 7:00 pm. C -2 CONTRACT PAY ESTIMATES Council approved (4-0-1, Councilwoman Rappa absent) contract pay estimates and change orders and ordered paid as recommended. C -3 UTILITIES PROJECT (File No. 814) Council considered waiving the ARC requirement that a Master Plan for Mitchell Park be approved prior to consideration of "Mitchell Park Well Improvements Project," and awarding a contract for the improvements. Council waived the ARC requirement (4-0-1, Councilwoman Rappa absent) and awarded the contract to Nick E. Pokrajac, Inc. in the amount of $8,871.00, and authorized the City Administrative Officer to execute the agreement as recommended. APPOINTMENTS Al. HOUSING AUTHORITY (File No. 123) Mayor Dunin nominated three appointments to the Housing Authority. Moved by Dunin /Roalman (4 -0-1, Councilwoman Rappa absent) to reappoint Jaime Daniel and Alice Martin (tenant commissioners), both to two year terms expiring 3/31/93 and Elizabeth Steinberg to a four year term expiring on 3/31/95. ' A2. HUMAN RELATIONS COMMISSION (File No. 123) After review by Councilwoman Pinard, moved by Pinard /Roalman (4-0-1, Councilwoman Rappa absent) to appoint Dwight Brouillard to the Human Relations Commission to a four year term expiring 3/31/95. PUBLIC HEARINGS 1. TRANSIENT OCCUPANCY TAX (File No. 296) Council held a public hearing to consider increasing the Transient Occupancy Tax from 6% to 99c (continued from 2/19/91). John Dunn, City Administrative Officer, (see also written notes submitted this evening) addressed the need to increase the Transient Occupancy Tax (TOT) in order to support the City's long -term financial health. He stressed the importance of the visitor industry to our City. The City has supported special and cultural events and a strong advertising program to attract visitors. Toward this end, the City has committed to its share of the new Performing Arts Center. The visitors to our community enjoy these benefits as well as such services as Police, Fire, Public Works, and Recreation. The visitors should pay their "fair share" of these privileges, which is accomplished by the TOT. Neither the citizens nor the hoteliers pay this tax. It is unlikely that the City would lose any business with the increase of the TOT. If City revenues are not adequate to the task, City operations and facilities will suffer, negatively impacting the tourist industry. The 90/c rate is still a competitive rate as compared with other California cities. Council was directed to increase the TOT from 6% to 99c effective October 1, 1991. Bill Statler. Finance Director, compared the taxes of similar college /tourist communities with San Luis Obispo noting that they averaged 9.90/c. He did not feel the City would face a competitive disadvantage by raising the TOT to 9% and urged Council's support. Mayor Dunin declared the public hearing open. 454 City Council Minutes Page 3 Tuesday, March 5, 1991 - 7:00 p.m. Bill P.W r Chairman of the Citizens' Advisory Committee, recommended that the tax be raised in 1% yearly increments starting in September and reminded the Council that the Committee had recommended phasing in the increase. Dave Garth, Executive Director, representing the San Luis Obispo Chamber of Commerce, was concerned about possible negative impacts of increasing the tax by 50%6 He would like to see the increase phased in over three years beginning October 1, 1991, and stressed the importance of strong tourism promotion from the City. Jan Lynch representing the Hotel /Motel Association, expressed concerns for the tourist industry during this time of drought and recession. She also supported phasing in the.tax over a three year period starting in October and would like to see ongoing tourism promotion from the City. Jess Norris owner of the Sands Motel, was opposed to the increase and felt the issue should be put before the voters. Warren Sinsheimer. President for the Performing Arts Center, supported the role Council has taken in the Performing Arts Project He believed there was a direct correlation between cultural facilities in the City and tourism. Ed Biaggini, representing the San Luis Obispo Visitors and Conference Bureau, was opposed to the increase, but felt it would be acceptable if the money came back into the industry. He supported the Chamber of Commerce recommendations and hoped for a long term commitment to tourism promotion from the City. Mayor Dunin declared the public hearing closed. Councilman Roalman supported a compromise and suggested delaying implementation until October 1, 1991 and phase it over a 2 -year period at 2% and 1% respectively. Councilman Reiss supported a delay until October 1, 1991, but could not support phasing. Councilwoman Pinard supported a phased approach at 2% and 19c, and delaying implementation until October 1, 1991. Could not support a 5 year contract; felt it was helpful to review contracts and responsibilities more often primarily as an educational opportunity. Mayor Dunin did not support phasing, but could support delaying implementation. After discussion, moved by Reiss / Dunin, Ordinance No. 1184 was given final passage increasing the Transient Occupancy Tax from 6% to 99c effective October 1, 1991 as recommended (3 -1 -1, Councilwoman Pinard voting no, Councilwoman Rappa absent). Upon general consensus, staff directed to report back during budget hearings with alternatives for preparing multi-year contracts with the Chamber of Commerce. 8:20 p.m. Mayor Dunin declared a recess. 835 pm. City Council reconvened, Councilwoman Rappa absent 2. TENTATIVE MAP - 3360 ROCKVIEW PLACE (File No. 410) Council held a public hearing to consider a Planning Commission recommendation to approve a vesting tentative map for Tract 2010 creating a 15 -unit residential planned development condominium at 3360 Rockview Place; R -2 -S zone; John and Kelly Mitchell, subdividers. 455 City Council Minutes Page 4 Tuesday, March 5, 1991 - 7:00 p.m. Arnold Jonas. Community Development Director, briefly reviewed the stab report with the recommendation that Council adopt a resolution approving the vesting tentative tract map including concurrence with the negative declaration and approving exceptions, based on required findings, and subject to conditions recommended by the Planning Commission. Mayor Dunin declared the public hearing open. John Mitchell, architect and owner of the project, supported going ahead with the project and offered to answer any questions Council or the public may have. Councilman Roalman questioned the need to extend the culvert. Mike Cannon, CSD Engineering, explained the necessity of extending these culverts approximately ten to fifteen feet to properly align the flow with the existing channel, thus eliminating the possibility of flood damage to structures, and potential maintenance problems. Councilwoman Pinard expressed concern for the vegetation that would be removed and felt there were significant trees which should be preserved. She also recommended that in the future the ARC be provided an elevation plan of the project to provide better visual understanding. Mayor Dunin declared the public hearing closed. After discussion, moved by Dunin/Reiss ( 3 -1 -1, Councilman Roalman voting no, Councilwoman Rappa absent) Resolution No. 6944 adopted approving the vesting tentative tract map for Tract 2010, including concurrence with the negative declaration and approving exceptions as recommended. The ARC was ' directed to review the elevation on Broad Street and were encouraged to promote the use of porous material for paved areas. 3. PLANNED DEVELOPMENT REZONING - PD 1488 (File No. 463) Moved by Roalman /Dunin (4-0-1, Councilwoman Rappa absent) to continue this item without discussion to date certain Tuesday, March 19, 1991 as recommended by stab 4. PLANNED UNIT DEVELOPMENT REZONING - PD 1499 (File No. 463) Councilman Reiss stepped down from the hearing due to a possible conflict of interest. Council held a public hearing to consider amending the zoning Map from industrial (M) to industrial, planned development (M -PD) and a preliminary development plan allowing large offices at 1050 Southwood Drive; TRW, Inc.. applicant. Arnold Jonas. Community Development Director, reviewed the staff report stating the advantages realized to the city and the applicant as follows: A) Promotion of city policies encouraging certain large offices in the C-S and M zones; B) Allows the city to evaluate the site's suitability for a range of uses before specific tenants are found; and C) Make the property more attractive to a wider range of large- otTice tenants, while specifically excluding government agency oMces and other uses which would conflict with city land use policies, or which would be incompatible with the neighborhood. He recommended that Council adopt an ordinance approving the planned development preliminary plan at 1050 Southwood Drive and amending the Zoning Map from M to M -PD as recommended. Mayor Dunin declared the public hearing open. Rob Strong expressed his support for the project and offered to answer questions. After brief discussion, Mayor Dunin declared the public hearing closed. 456 City Council Minutes Page 5 1 Tuesday, March S, 1991 - 7:00 p.m. Moved by Pinard /Roalman to introduce Ordinance No. 1185 (3 -1 -1, Councilwoman Rappa . absent) approving the planned development preliminary plan at 1050 Southwood Drive and amending the Zoning Map from M to M -PD as recommended. Councilman Reiss returned to the dias. 5. GENERAL PLAN AMENDMENTS AND REZONINGS (File No. 463) Council held public hearings to consider conceptual approval of the following Planning Commission recommendations: A. GENERAL PLAN AMENDMENT - Council held a public hearing to consider amending the Land Use Element Map to remove "Elementary School" ("E ") designation form the Public /Semi - Public designation at 1314 Nipomo Street (former Emerson School site); City of San Luis Obispo, applicant. Arnold Jonas. Community Development Director, reviewed the staff report with the recommendation that Council adopt a resolution to approve the negative declaration of environmental impact, and to amend the general plan Land Use Element map by removing the "E" designation. Councilwoman Pinard reminded staff that the community valued the open space on the site and citizens had planted grass there at their own expense. Mr. Dunn confirmed that this had been respected in the ping process. Mayor Dunin declared the public hearing open. No one spoke for or against the application. Mayor Dunin closed the public hearing. On general consensus, the Council conceptually agreed to support amendment of the General Plan Land Use Element Map to remove the "E" designation at 1314 Nipomo Street as recommended. Continued to date certain Tuesday, March 19, 1991. 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 (114) for property at 2011 Chorro Street and 2012 Broad Street. Arnold Jonas. Community Development Director, reviewed the agenda report stating that medium - density residential use is compatible with adjacent uses and that it is consistent with city land use policies. This neighborhood has historically had a mix of businesses and dwellings, and the proposed rezoning would continue that pattern. It could also help reduce pressures to convert the properties to commercial use. He recommended Council adopt a resolution and an ordinance which would 1) affirm the negative declaration of environmental impact; and 2) amend the general plan and rezone the properties from neighborhood - commercial (C -N) to medium - density residential (R -2) as shown in Exhibits "A" and W. Mayor Dunin declared the public hearing open. Dave Bowen, adjacent property owner, spoke against rezoning. He bought his property as neighborhood- 1 commercial and felt it should remain as such ,457 City Council Minutes Page 6 Tuesday, March 5, 1991 - 7:00 p m. Alan MacMeeken. 2011 Chorro, spoke in support of the residential zoning. He stated parking was difficult due to traf Ic and the size of the lots. Mayor Dunin declared the public hearing dosed. Councilwoman Pinard reminded Council that although the property is now zoned C -N, it is actually used as residential at present. She felt a busy traffic situation existed with the C -N zoning and would be made worse by continued commercial development. Mayor Dunin acknowledged the unusual pattern of this piece of land being bordered by three busy streets. He felt the usual concerns for noise and ambiance were absent If this were zoned residential. Councilman Roalman supported the R -2 zoning In order to maintain the integrity of the residential character of the area. Councilman Reiss was concerned with this being the only R -2 zoning in the vicinity projecting onto Broad Street. After brief discussion, consensus was tied (2 -2 -1, Councilman Reiss and Roalman voting no, Councilwoman Rappa absent) and item continued to date certain Tuesday, March 19, 1991. 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 (R4-S) 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) pass to print an ordinance amending the zoning map from Service Commercial (C -S) to High - density residential (R-4-S), with the "special considerations" to include: A) buffering the development from the noise of the adjacent carwash; B) protection of the creek; and C) limiting development to affordable housing. Mayor Dunin declared the public hearing open. Ray R 1130 Woodside Drive, expressed concern that the project would result in crowding, increased noise, and decreased property values for adjacent properties. He hoped that the trees bordering his property would be protected to ensure the privacy of his yard. George Movlan, speaking for the Housing Authority, supported the changes as recommended. He assured Mr. Reed that his concerns would be considered and that they would meet with him to work toward solutions. Mayor Dunin declared the public hearing closed. Council conceptually approved amending the General Plan Land Use Element Map from service- commercial/ light industrial to high - density residential; and amending the Zoning Map from service- commercial (C-S) to high - density residential (R4-S) with special considerations as recommended. Continued to date certain Tuesday, March 19, 1991. 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 to amend City Council Minutes Page 7 Tuesday, Match 5, 1991 - 7:00 p.m. 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, briefly reviewed the agenda report stating the intent of the applicant was to replace the existing motel units on the site with a 43 -unit condominium and maintain a portion of the site as a mobile home park to the rear- of the site. He recommended the approval of the application subject to conditions and findings. Mayor Dunin declared the public hearing open. Dennis Moresco. representing Village Park Associates, expressed concern over the following issues: 1) PD zone on portion of the mobile home park to remain; 2) Limiting the use of the mobile home park for 15 years; and 3) the project needs an exception for the wall height. He felt the wall was essential for the marketing of the project to provide for privacy and security. Councilwoman Pinard questioned the elevation of the wall shown on South Street. She expressed concern that the wall would actually act to minimize security because the parking area would not be visible.from the street. Warren Ramri c. architect for the project, related the concerns of the ARC that the project not become a walled enclave. He supported the applicant's recommendation that the neighborhood requires the wall for security and privacy. Councilwoman Pinard expressed concern for handling security in the middle of town by building a wall. Councilman Reiss felt it was logical to want security in this mixed zone situation with the bus station across the street. He felt the size of the project created its own environment inside and supported the security aspect of the wall Charles Long former owner of the Village Motel, supported the need for security in this area citing previous negative experience. Jim Gardiner. Police Chief, believed the concerns about the bus station were valid, being a high traffic and transient area. He related that 145 South Street was one of the highest police response areas relative to resident generated concerns. He felt the project would reduce the types of police responses received in the past. He supported the use of open appearing wrought iron in the construction of the wall. Mayor Dunin declared the public hearing closed. After discussion, Council conceptually approved support of a resolution amending the General Plan Land Use Element concerning 145 South Street; and rezone and approve a preliminary development plan for the property as recommended. Continued to date certain Tuesday, March 19, 1991. Mayor Dunin supported consideration for a 5 year phase -in since special conditions are offered to the residents to purchase the condominiums. He favored the idea of security since there has been a transient problem in the past. He supported the wall and green belt and felt it would bring quality to this area. Councilwoman Pinard restated that most of the police calls to the area came from the residents themselves and did not feel the wall would help to alleviate this. She supported the project and appreciated the concern given to existing residents of the property. She suggested that the wall be visually open and that the internal paving allow for the capture of water for ground absorption. Councilman Roalman felt there should be some pedestrian access, rather than only a locked gate at the front of the project City Council Minutes Page 8 ' Tuesday, March 5, 1991 - 7:00 p.m. No consensus was reached on the subject of the wall. 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 approve the General Plan Amendment GP/R. 1501, and 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 public hearing. Mayor Dunin declared the public hearing closed. Councilman Reiss expressed concern for the height of the buildings and bus parking. He requested planning to improve the appearance of the freeway corridor which is an entry into the City from the South. Bill Hetland. Utilities Director, discussed the possibility of alternate bus parking due to concerns from Council and the Planning Commission. He stated it would probably come back as part of a use permit. Council conceptually approved adoption of the General Plan Amendment GP /R 1501 and to rezone the ' corresponding area from C /OS-20 to PF. 6. APPEAL - WASTEWATER TREATMENT PLANT IMPROVEMENTS USE PERMIT (File No. 407) Moved by Dunin /Reiss (4 -0-1, Councilwoman Rappa absent) to continue this item without discussion to date certain Tuesday, March 19, 1991. COUNCIL LIAISON REPORTS C.L.1 Councilman Roalman related a meeting of a large group protesting SB 2557 at the Board of Supervisors requesting cooperation from them. COMMUNICATIONS C.1. Councilman Reiss communicated that the American's for Non - Smokers Rights are meeting in San Luis Obispo on March 14, 1991 for a day -long seminar. C2. Councilman Reiss related that the City of Bellflower initiated a complete smoking ban in the city on March 5, 1991, similar to our own. 10:55 pm. There being no further business to come before the City Council, ayor Dunin adjourned the meeting to Closed Session to discuss John French /Property Acquisition. APPROVED BY COUNCIL: 4/16/91 r U PV :ch m Voges, Ci lerk 1 KILM011 WASM