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HomeMy WebLinkAbout03/02/1993City Council Meeting Tuesday, March 2, 1993 - 7:00 PM PUBUC COMMENT PERIOD Page 2 P.C.I. Mike Underwood and Phil Wastner made a presentation of SLO Freenet, an information kiosk. Staff was asked to follow-up after budget adoption (general consent). P.C.2. Wendy Schiller, Dustin Youngdahl and Sheila Shult e spoke about 1993 Poly Agri View on April 23 and 24. P.C.3. Peggy Koteen suggested alternate structures for BIA Thursday Night fees. CONSENT AGENDA Moved by Settle /Romero the Consent Calendar was unanimously approved as recommended by the City Administrative Officer; motion carried (5-0). C-1 COUNCIL MINUTES Council considered adoption of the following minutes: Tuesday, January 19, 1993 at 7:00 p.m.; and Tuesday, January 26, 1993 at 7:00 p.m. Moved by Settle /Romero, the minutes were adopted; motion carried (5-0). ' C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Settle /Romero to approve and ordered paid; motion carried (5-0). C-3 FEMA /ESP COUNCIL NOMINATION (File No. 1046) Council considered nominating Council Member Settle to the Federal Emergency Management Agency's (FEMA) Food and Shelter National Board Program and the State of California Emergency Shelter Program (ESP). Moved by Settle /Romero to authorize the Mayor to send a letter nominating Council Member Settle to the FEMA /ESP Board of Directors; motion carried (5-0). C-4 JACK HOUSE COMMITTEE APPOINTMENT (File No. 123) Council considered an appointment to the Jack House Committee. Moved by Settle/Romero to appoint Jack Robasciotti to fill vacancy of °member at large°; motion carried (5-0). C-5 SONIC CABLE FRANCHISE EXTENSION (File No. 143) Council considered extending the Sonic Cable Franchise agreement for ninety days. Moved by Settle /Romero to approve agreement extending agreement (A- 26- 93-CC) for ninety days; motion carried (5-0). City Council Meeting Page 3 Tuesday, March 2, 1993 - 7:00 PM C-6 TIME EXTENSION - TRACT 2010 (File No. 410) 1 Council considered a one -year time extension for Tiling the final map for Vesting Tract Map No. 2010 (Cornerstone), a 15 -unit residential condominium project proposed on the northwest comer of Broad Street and Rockview Place (3360 Rockview); John and Kelly Mitchell. Douglas and Susan Redican, subdividers. Moved by Settle /Romero to adopt Resolution No. 8128 approving a one -year time extension for filing the final map for Tract 2010 subject to the findings and conditions of a tentative map approval; motion carried (5-0). C-7 WATER REVENUE BONDS (File No. 252) Council considered the sale of water revenue bonds, not to exceed $11.5, to finance the construction costs of upgrading the existing water treatment plant. Moved by Settle /Romero to adopt Resolution No. 8129 approving the sale of water revenue bonds; motion carried (5-0). C-8 WASTEWATER MANAGEMENT PLAN AGREEMENT AMENDMENT (File No. A- 18- 90-CC) Council considered Amendment No. 2 to the agreement for engineering services for Unit 4 Design and Office Engineering Services, and Construction Management Services for Implementation of the Wastewater Management Plan. ' Moved by Settle/Romero to approve and authorize the Mayor to execute Amendment No. 2 to Agreement A- 18 -90-CC with Brown and Caldwell Engineers in an amount not to exceed $61,766; motion carried (5-0). C-9 APPOINTMENT - BOARD OF APPEALS (File No. 123) Council considered an appointment to the Board of Appeals. Moved by Settle /Romero to reappoint Mike Hernandez to the Board of Appeals for a four -year term ending March 31, 1997; motion carried (5-0). C-10 TRANSPORTATION ENHANCEMENT PROGRAM (File No. 532) Council considered submitting nominations for projects eligible for funding by the Federal Transportation Enhancement Activities (TEA) program. Moved by Settle /Romero to adopt Resolution No. 8130 funding Phase I Railroad Bicycle Path; Resolution No. 8131 Railroad Crossing Improvements; Resolution No. 8132 for Downtown Bicycle Parking Program; and Resolution No. 8133 for the Historic Railroad Water Tower Restoration Project; motion carried (5-0). PRESENTATION Mayor Pinard gave special recognition to the BIA Award Committee. 1 Council Member Romero presented the awards for Best New Construction to Tom's Toys owned by City Council Meeting Page 4 Tuesday, March 2, 1993 - 7:00 PM Ted Frankel, and a Certificate of Excellence to the architect, Tom Martin of Martin and Bague. Council Member RayR@ presented the awards for Best Remodeling- interior to Sebastian's, George League and Jack Franklin, owners; and Natural Selection, Mike Di Milo, owner, and a Certificate of Merit to SLO Brew Billiards, Michael and Becky Hoffman, owners. Council Member Settle presented the awards for Best Remodeling - Exterior to San Luis Traditions, Bill and Mary Marquardt, owners; and a Certificate of Merit to Cuesta Title, Courtney and Associates, architect, and Meridian, Eva Young, owner. Council Member Roaiman presented the awards for Best Merchandising to Fanny Wrappers, Terry Treves, owner, and Jennifer Link, Manager, and a Certificate of Merit to Natural Selection, Games People Play, and Textures. A special award was given to Linda Flynn for the Christmas window displays in the downtown center. Mayor Pinard presented Certificates of Appreciation for Best Maintenance to Casa Blanca Travel, Tessa House, Bruce Fraser, AIA, Adobe Travel, Rustic Romance, and Thomas Everett. A special award was given to Eric Wells for the Garden Street planters. The Mayor's Award for Overall Excellence was given for the Downtown Physical Concept Plan and recognition given to Ken Schwartz, Rod Levin, Andrew Merriam, Chuck Crotser, Mike Multari, and Pierre Rademaker. COUNCIL LIAISON REPORTS ' There were no Council Liaison Reports. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT (ORCUTT I) - GP /R 1454 (File No. 463) Council held a public hearing to consider an appeal of the Planning Commission action to deny an application for General Plan Land Use Map amendment and rezoning BP /R 1454 ( Orcutt 1), a request to amend the land use element map and rezone a 6.5 acre portion of a 7.3 acre site from service commercial light industrial to medium high density residential at the southeast comer of Broad Street and Orcutt Road; James T. Wood, Wood Investments, applicant. Arnold Jonas, Community Development Director, reviewed the history of the site and the rezoning of the site. Mayor Pinard declared the public hearing open. Charles Senn. 2840 El Cerrito,. representing the applicant, reviewed past actions by the Planning Commission and other projects in nearby areas. He reviewed inventory of residential zoned land, access to public transportation, schools and parks and stated all objections could be mitigated. Steve Barrish. 2602 El Cerrito, expressed concerns regarding impacts of Orcutt I and Orcutt 11 projects and surrounding uses of land. Champ Massey, owner of the car lot across the street from the proposed development, stated he preferred commercial development. Lionel Johnston. 178 Brooks, expressed concerns about density of the development. City Council Meeting Page 5 Tuesday, March 2, 1993 - 7:00 PM Mayor Pinard declared the public hearing closed. 1 Council expressed concerns about the topography of the proposed site and impacts of the research park proposal on the adjacent land, as well as traffic Impacts of a commercial development on the land, and safety advantages of residential utilization. Moved by Roalman /Raooa to adopt Resolution No. 8134 denying General Plan and Rezoning Amendment GP /R 1454; motion carried (3-2, Council Member Settle and Mayor Pinard voting no). 2. WATER/WASTEWATER MANAGEMENT ELEMENT AMENDMENT (File No. 526) Council held a public hearing to consider amending the general plan Water and Wastewater Management Element to include the concept of a 2,000 acre -foot reliability reserve for water planning. Arnold Jonas. Community Development Director, reviewed the request to correct the General Plan and Planning Commission recommendation that it be included in the Element. Council expressed concerns regarding fiscal impacts and the utilization of the planning reserves by later councils. Jeff Jorgensen, City Attorney, stated that any other use other than a reserve would have to go through environmental review. Mayor Pinard declared the public hearing open. Don Smith, 1111 Vista del Lago, spoke in opposition of the planning reserves stating that figures for water utilization were not accurate. Pat Veesart. San Luis Obispo, spoke in opposition of the reserve, stating that there would be pressure to go beyond buiidouL Brett Cross. 1217 Mariners Cove, expressed concern about the process and a charter amendment. Mayor Pinard declared the public hearing closed. Council expressed the intent of providing a safety factor for future Councils and expressed concerns about the fiscal impacts of carrying the reserve. After discussing the possible pressure for further development, having citizens pay through increased water rates, Council reached consensus to use the reserve only after a public vote. Jeff Jomensen, City Attorney, clarified that the action Council was taking was not creating a reserve, but simply planning for a reserve to provide a sufficient margin of error. Moved by Pinard /Settle to adopt Resolution No. 8135. amending Exhibit A to include a condition that the reserve may not be used other than a reserve without a vote of the people, and to analyze the cost components for Council at a later date; motion carried (5-0). 9:00 PM Mayor Pinard declared a recess. 9:16 PM Council reconvened; all Council Members present. City Council Meeting Page 6 Tuesday, March 2, 1993 - 7:00 PM 3. TENTATIVE MAP - TRACT 2112 (File No. 410) Council held a public hearing to consider a tentative map for Tract 2112, a ten -unit residential condominium project located on the north side of Foothill Blvd., west of Ferrini Road (680 Foothill); Richard A. Porter, applicant. Arnold Jonas, Community Development Director, reviewed the project proposal. Mark Rossi. 1088 Higuera St. and project architect, stated that they held a number of meetings with the neighbors to discuss their concerns and mitigated their objections by changing the project He clarified that unit #17 was a two-story unit, 27 -feet high. Mayor Pinard declared the public hearing open. Anna Barbosa. 234 Ferrini, spoke in opposition to the project stating that the parking was not sufficient because there was no on- street parking on Foothill Blvd. and that fire trucks would not be able to maneuver to the back of the project. Mayor Pinard declared the public hearing closed. Council complimented the developer for meeting with the neighbors and proposing a development that was fewer that allowed to mitigate their concerns, and expressed concern about the density of the project forthe site and potential conflicts with neighborhoods, traffic impacts and fire suppression. 1 Bob Neumann, Fire Chief, stated that the project was fully sprinkled and that the fire service had reviewed the project and could support it. Council discussed ways to allow the project developer to submit a less dense project. Moved by Roalman /Settle to adopt a preliminary Resolution No. 8136 denying Tract 2112, directing staff to return with a final Resolution with additional findings; motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Roalman /Settle that the project can be submitted within one year without prejudice at a reduced density with a waiver of fees; motion carried (5-0). 4. DRAFT HOUSING ELEMENT (File No. 462) Council held a public hearing to consider the review of the draft Housing Element. Moved by Settle /Romero to continue the item without discussion to Tuesday, April 6, 1993; motion carried (5-0). 5. APPEAL - PALM STREET BUILDING DEMOLITION (File No. 407) Council held a public hearing to consider an appeal by Timothy Farrell of an Architectural Review Commission action granting a mitigated negative declaration and granting final approval to two new office buildings at 1026, 1028, 1038 and 1042 Palm Street; Palm Street Enterprises, applicant Jeff Hoo Associate Planner, reviewed the project. City Council Meeting Page 7 Tuesday, March 2, 1993 - 7:00 PM Timothy Farrell 2069 McCollum, stated that he is occasionally employed by Council Member Settle but this appeal did not reflect the views of his employer. He stated that the loss of the historic street frontage would be out of architectural context and the new project would be very different from surrounding neighborhood buildings. Craig Smith, architect representing the applicant, stated that they had followed the prevailing style of several projects in the area in developing their proposed project, that the buildings to be demolished were not historically significant and were not safe. Dennis °Woody° Combrink.1432 Torro St. and ARC member, expressed concern about inconsistencies In noticing. He spoke in support of the appeal stating the project would set a precedent close to the historical center of town. Upon questioning, he stated that he had voted for the project because the Commission was going to approve it, but he amended the motion to provide for noise mitigation efforts. Jeff Jorgensen, City Attorney, stated that the ARC took action on the negative declaration in February, therefore, noticing for the environmental determination was not relevant, but there were inconsistencies with the July notice. Kenneth Haggard. Architectural Professor at Cal Poly, San Luis Obispo, stated that this was an important block to the City and that the 1906 bungalow on the site was the best example of that architectural style in the City. Steve Simpson, Shandon, objected to the appeal, stating that the bungalow would fall down eventually. In previous hearings, only one person spoke against the project and two spoke in favor. Franklin Bucguov. 505 Foothill. Blvd., cited incompatible scale of the project. Jennifer Renick. 1023 Mill Street, spoke in favor of the appeal because the proposed buildings would not read as residential and the rest of the block. Mark Woolpert. 1026 Palm Street, stated that the proposed project does look like an historical building, there are not enough offices for attorneys, and they needed buildings to provide access for the elderly. Judge Woolpert, retired, stated that the project followed the style of the Teass Building and the City /County Library, and that the City has a major interest in keeping attorneys near the courthouse to facilitate the county remaining in the downtown area. John stated that the project does not contradict existing styles in the neighborhood and that landscape would settle the building. Joe Alsercgoff. 540 Broad Street, spoke in favor of the project and stated that it was difficult to make older houses work as efficient office space. Mayor Pinard declared the public hearing closed. Council discussed the integrity of the architectural rhythm of the block, efforts to keep the courts in the downtown area and to encourage the County to expand in their current location, the acceptability of the scale of the project, the character of the block, and the sense of place in the neighborhood. City Council Meeting Page 8 Tuesday, March 2, 1993 - 7:00 PM ' 11:10 PM Mayor Pinard declared a recess. 11:20 PM Council reconvened; all Council Members present. Council Member Settle stated that Timothy Farrell, the appellant, has acted as his assistant in the past, but was operating as a private citizen and that he (Council Member Settle) was a non - participant In the appeal; therefore, he was not precluded from participating in the decision.. Moved by Romero/,Settle to uphold the Architectural Review Commission action and deny the appeal, amending Section 1, Item 1 to delete "neighborhood character and replace with architectural character of the government center area% motion carried (41, Mayor Pinard voting no). BUSINESS ITEMS 6. MID -YEAR BUDGET REVIEW (File No. 233) Council considered the mid -year budget review and mid -year requests for operating programs in the amount of $125,800. Moved by Pinard /Settle to continue the item to Tuesday, March 16, 1993. 7. APPOINTMENTS - ARC (File No. 123) ' Council considered the Council Subcommittee (Romero /Settle) recommendations for two appointments to the Architectural Review Commission. Moved by Romero /Settle to reappoint Curtis Illingworth to a four -year term to expire 3/31/97, and Ron Regier to a two-year term to expire 3/31/95, and to thank Madi Gates for her five years of service on the ARC; motion carried (5-0). COMMUNICATIONS COMM.1. Council Member Settle requested that staff distribute Employee Relations and Livable Communities Conference information. COMM.2. Mayor Pinard requested staff to return with procedural compliance for appointments to Advisory Bodies making Council and staff recommendation process similar, general consent. COMM.3. Upon request of Diane Gladwell. City Clerk, staff authorized to include °appointments° as an order of business on the Agenda and in the draft of the Council Policies and Procedures Manual. 12:02 AM there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Saturday, March 13, 1993 at 9:00 AM in the Community Room of the City /County Library. APPROVED BY COUNCIL DRG:cm lane R. Gla well, y Clerk