HomeMy WebLinkAbout05/03/1994MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 3, 1994 - 6:00 PM
CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Member Penny Rappa, Dave Romero, Bill Roaiman,
Vice -Mayor Allen K. Settle and Mayor Peg Pinard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Diane Gladwell, City
Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant
City Administrative Officer; Arnold Jonas, Community
Development Director; Glen Matteson, Associate Planner
PUBLIC COMMENT PERIOD
P.C.1. Tom Martin presented a bus shelter program; referred to staff to prioritize and refer to the
Architectural Review Commission, Mass Transportation Committee, Promotional Coordinating
Committee, and any other appropriate advisory bodies (general consent).
PUBLIC HEARINGS
1. APPEAL - DOWNTOWN CENTER PROJECT (File No. 407)
Council held a public hearing to consider an appeal by Copeland Enterprises of a Planning
Department staff determination that the Downtown Center project is not a °pipeline° project and for
purposes of water allocation is not eligible for building permits as a °pipeline" project.
Arnold Jonas. Community Development Director, reviewed the definition of "pipeline° projects and its
applicability to the Downtown Centre project.
Mayor Pinard declared the public hearing open.
Randy Rea. 1086 Higuera St. #200, stated that he believed the project was in the °pipeline" from the
beginning which allowed them to develop it in phases.
Mark Rossi. APS Architects, also believed that the project was in the °pipeline° from the start and
stated that the current project has less impacts to the community than the original proposal.
Carl Haamafer. 414 Higuera, stated the Copeland family had saved Downtown, and urged Council to
' make a favorable determination.
Mayor Pinard declared the public hearing closed.
City Council Meeting Page 2
Tuesday, May 3, 1994 - 6:00 & 7:00 P.M.
Council discussed the calculation for theaters and history of the project.
Moved by Settle /Romero to adopt Resolution No. 8287 determining that the Copeland's Downtown
Center is an extension of the French Pavilion project for water allocation purposes; motion carried (5-
0).
6:35 PM Mayor Pinard adjourned the meeting to closed session to confer with legal counsel regarding
existing litigation (Government Code 54956.9) Linda C. Bums v. City of San Luis Obispo (SLO
Superior Court Case No. CV 71979.
6:55 PM Council reconvened the meeting in open session. City Attorney Jeff Jorgensen reported that
Council had approved the settlement and release agreement for and in consideration of the sum of
$105,000 (4 -0-1, Council Member Rappa abstained).
7:00 PM Mayor Pinard convened the regular meeting; all Council Members present.
PUBLIC COMMENT PERIOD
P.C.I. Jeff Bremley, representing the Telegram Tribune, assured the Council of the local newspapers
concern for the problems of public newsracks and that 20 publishers were meeting to develop written
guidelines to resolve the issue.
P.C.2. Pat Veesart spoke regarding the issue of house porches and felt the City should appreciate 1
the opportunity of being on the °cutting edge' of a potential national issue.
P.C.3. Andrew Merriam requested clarification of the process for the hearings on the Land Use
Element.
CONSENT AGENDA
Moved by Roalman /Settle to approvethe Consent Agenda as recommended bythe City Administrative
Officer, motion carried (5-0).
C-1 COUNCIL MINUTES
Council considered the minutes of:
Tuesday, March 15, 1994 at 7:00 pm;
Wednesday, March 16, 1994 at 10:30 am;
Monday, March 28, 1994 at 7:00 pm; and,
Tuesday, April 5, 1994 at 7:00 pm
Moved by Roalman /Settle to waive oral reading and approve minutes; motion carried (5-0).
C-2 STATE MOBILE HOME RENT CONTROL INITIATIVE (File No. 428)
Council considered opposing the State "Rental Assistance° initiative. 1
Moved by Roalman /Settle to adopt Resolution No. 8288 opposing the initiative; motion carried (5-0).
City Council Meeting Page 3
Tuesday, May 3, 1994 - 6:00 P.M. & 7:00 P.M.
C-3 SURPLUS PROPERTY (File No. 165)
Council considered declaring vehicles and equipment as surplus property.
Moved by Roalman /Settle to adopt Resolution No. 8289 declaring vehicles and equipment as surplus
property and ordering sale and disposal; motion carried (5-0).
C-4 REQUEST FOR PROPOSALS - INFORMATION SYSTEMS MASTER PLAN (File No. 179)
Council considered a Request for Proposals (RFP) to prepare an information systems master plan at
an estimated cost of $95,000.
Council discussed the cost of the plan.
Moved by Rappa /Romero to approve the preparation of the RFP (award to come back to Council);
motion carried (5-0).
C-5 SKATEBOARD PROGRAM (File No. 800)
Council considered authorizing the Parks and Recreation Department to offer a skateboard program
at Santa Rosa Park.
Moved by Roalman /Settle to authorize the skateboard program; motion carried (5-0).
1 C-6 POWER BLOWER REGULATIONS (File No. 703)
Council considered a request from Mike McCluskey, Public Works Director, to consider changes in
the hours of operation and direction regarding noise or particulate pollution.
Moved by Settle /Romero to continue this item to May 24, 1994; motion carried (5-0).
C-7 SIGN ORDINANCE CORRECTION (File No. 424)
Council considered giving final passage to an ordinance with correct amendment to sign regulations
and rescinding Ordinance No. 1253.
Moved by Roalman /Settle to give final passage to Ordinance No. 1262; motion carried (5-0).
C-8 GRANT APPLICATION - TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE
ASSISTANCE PROGRAM (File No. 179)
Council considered authorizing the City Administrative Officer (CAO) to apply for Telecommunications
and Information Infrastructure Assistance Program grant funds in the amount of $320,000 for a
demonstration project ($210,000) and planning project ($110,000).
Moved by Roalman /Settle to adopt Resolution No. 8290 authorizing CAP to apply for grant funds;
motion carried (5-0).
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City Council Meeting Page 4
Tuesday, May 3, 1994 - 6:00 & 7:00 P.M. 1
C-9 PROPERTY ACQUISITION - BULLOCK LANE (File No. 168)
Council considered approving an agreement with the estate of Cecil Munch for the purchase of certain
real property located at 3220 Bullock Lane.
Moved by Roalman /Settle to authorize the Mayor to execute Agreement No. A- 07 -94-CC for purchase
of 3220 Bullock Lane; motion carried (5-0).
C-10 REGIONAL BUS SERVICE EXPANSION (File No. 1151)
Council considered San Luis Obispo Regional Transportation Agency (SLORTA) alternatives relating
to expanded evening bus services to the north county.
Moved by Roalman /Settle to A) concur with San Luis Obispo Council of Governments ( SLOCOG)
alternative 1, change route time; B) concur with SLOCOG alternative 3, delay until Cuesta Grade
Project; and C) oppose SLOCOG alternative 2, new evening service unless the new service is fully
funded by north county agencies; motion carried (5-0).
APPOINTMENTS
Ai. APPOINTMENT TO AREA AGENCY ON AGING (File No. 123)
Council considered appointing Joan Lawrence to a two -year term on the Board of Directors for the
Area Agency on Aging.
Moved by Settie/Roalman to confirm appoint as recommended; motion carried (5-0).
COUNCIL LIAISON REPORTS
C.L.R.1. Council Member Raooa reviewed the Equal Opportunity Commission's annual needs
assessment and goal setting priorities, which showed the #1 unmet need in the City to be
employment opportunities and County-wide affordable housing.
PUBLIC HEARINGS
2. LAND USE ELEMENT REVISIONS (File No. 462)
Council held a public hearing to consider revisions to the Lane Use Element of the General Plan
(continued from 3/28/94 and 4/5/94).
Arnold Jonas. Community Development Director, briefly reviewed the process to date.
Mayor Pinard declared the public hearing open.
Charlie West. Paso Robles, owner of San Luis Sourdough, stated that they had almost expanded in
Paso Robles because growth in San Luis Obispo is costly and. ilas other businesses move out, a
larger burden Is left on those that remain.
Joy Anne Fitzhugh representing the Farm Bureau, reviewed changes recommended in their letter
dated May 3, 1994.
City Council Meeting Page 5
' Tuesday, May 3, 1994 - 6:00 & 7:00 P.M.
Bill Thome . 1663 Colina Court, representing the Chamber of Commerce, stated the preamble
suggested by the Environmental Quality Task Force was not appropriate to the Land Use Element plan
and expressed concern about inconsistencies with their proposals.
Ned Roaowav representing the Chamber of Commerce General Plan Task Force, expressed concems
that there was internal inconsistencies and proper review stating that the Planning Commission was
the prime agent per state law, the expression of philosophy in the document should be counselled,
and the document must be intemally consistent.
Pat Veesart. San Luis Obispo, stated that the community vote on issues do have a bearing on land
uses and urged Council to retain a healthy economic environment with small local and agricultural
businesses.
Andrew Miriam, 4334 Wavertree, urged Council to adopt the Planning Commission recommendations
as they represented the broad goals of the community.
Richard Schmidt, San Luis Obispo, member of the EQTF, clarified that various sessions were from
either existing Land Use Element or proposed draft wording that the Planning Commission had
considered, and stated their proposals were consistent with other adopted elements.
Dennis Schmidt. 396 Buckley Road, encouraged the allowance of phased development and made
various suggestions.
1 Kurt Kuoaer, member of the EQTF, stated that the election results accurately reflect the community
values and they had formatted their document to make their proposals easier to read.
Dave Garth, Executive Director of the Chamber of Commerce, stated that less than 3% of the Planning
Commission draft was changed due to Chamber of Commerce suggestions, and that the Chamber's
participation was positive as it represented over 1100 businesses.
Mayor Pinard declared the public hearing closed.
Council discussed the introduction to the Land Use Element.
Moved by Settle / Roalman to include the sentence 'This pattern should be based on residents'
preference and on protection of natural assets unique to the planning area.°; motion carried (4-1,
Council Member Romero voting no).
The History and Public Participation sections are acceptable as recommended by the Planning
Commission (general consent).
Moved by Roalman /Settle to include the Background section proposed by the Environmental Quality
Task Force (EQTF); motion carried (3-2, Council Members Rappa and Romero voting no.)
Moved by Roalman /Settle to include the changes recommended by the EQTF to the San Luis
Obispo's Vision section, amended to read, 'Our vision is of a sustainable community within a diverse
natural and agrarian setting, which is part of a larger ecosystem upon which its existence
depends... valued by residents... preserve the relatively high levels of service, environmental quat'dy and
' clean air valued by its resident and strive to provide additional resources as needed°; motion carried
(5-0)•
City Council Meeting Page 6
Tuesday, May 3, 1994 - 6:00 P.M. & 7:00 P.M.
Moved by Roalman /Settle to adopt the Community Values section as recommended by the EQTF;
motion carried (3.2, Council Members Rappa and Romero voting no).
Moved by Roalman /Settle to adopt the Preamble to the Land Use Element as recommended by the
EQTF, amended to add "large urban community°; motion carried (3-2, Council Members Rappa and
Roalman voting no).
8:30 PM Mayor Pinard declared a recess.
8:48 PM Council reconvened, all Council Members present.
Moved by Rapg_a /Romero to include the paragraph as recommended by the Economic Strategy Task
Force (ESTF) in the Society and Economy section (see pages to -2 and 1A -3 of the staff report);
motion was lost (2 -3, Council Members Roalman, Settle and Mayor Pinard voting no.)
Moved by Settle /Romero to add the paragraph as recommended by the Economic Strategy Task Force
under the Society and Economy section (see pages 1A -2 and 1A -3 of the staff report) amended to
exclude the sentence, "Protection of the environment will depend on a healthy economy to pay for it. ";
motion carried (5-0).
Moved by Settle / Roalman to include EQTF's recommendation on the Environment section, except
Item 6a; motion carried (4-1, Council Member Rappa voting no).
Moved by Romero/Rappa to amend #13 of Society & Economy to delete "in proportions similar to the
whole County"; motion carried (5-0).
Moved by Settle/Roalman to adopt the Society and Economy section as proposed by the EQTF and
Planning Commission (with the amendment to #13); motion carried (5-0).
Moved by Rappa/Settle to amend #27 to "The boundary between San Luis Obispo's urban
development and surrounding open land should be clear.% motion carried (5-0).
Moved by Settle / Pinard to adopt the Planning Commissions recommendations for City Form; motion
carried (5-0).
Moved by Pinard /Settle to adopt the first sentence of the EQTF's version of section 2.1, Neighborhood
Protection and Enhancement, amending the first sentence to read, "The City shall assist residents to
identify and designate neighborhoods. The City will work with residents to prepare neighborhood
plans, to facilitate development of a sense of place within neighborhoods."; motion carried (5-0).
Moved by Settle / Roalman to adopt 2.1.2 through 2.1.5 of the Planning Commission and EQTF
recommended, amending 2.1.4 to replace "unbroken" with °continuous "; motion carried (5-0).
Moved by Pinard /Settle to adopt section 2.2.1 amended to add the sentence, "There shall be however,
no net loss of housing due to any conversion. It is our policy to preserve existing housing stock.;
motion carried (4-1, Council Member Rappa voting no.)
Moved by Settle / Pinard to adopt the EQTF's recommendation 2.2.2; motion carried (4-1, Council
Member Romero voting no.) 1
City Council Meeting Page 7
Tuesday, May 3, 1994 - 6:00 P.M. & 7:00 P.M.
Moved by Settle/Romero to adopt 2.2.3, 2.2.4 & 2.2.4(a) as written by the Planning Commission;
motion carried (5-0).
Moved by SettleJPinard to adopt 2.2.5, 2.2.6 and 2.2.7 as amended by the EQTF amended to add, KWdh
no net loss of housing"; motion carried (4-1, Council Member Rappa voting no.)
Moved by Settle/Roalman to adopt 2.2.8 & 2.2.9, amend B. to include 'privacy and solar access ;
motion carried (5-0).
Moved by Settle /Roalman to adopt section 2.2.10 as recommended by the EQTF; motion carried (4-1,
Council Member Rappa voting no).
Moved by Settle/Roalman to adopt section 2.2.11 (A -G) as recommended by the EQTF; motion carried
(5-0)•
Moved by Pinard /Roalman to adopt section 2.2.11 (H) Noise and visual and barrier walls isolating the
project are not desirable. The developer needs to show how no other layout is possible to achieve
noise mitigation. Where walls are used, they should help create an attractive pedestrian /residential
setting through features such as setbacks, changes in alignment, detail and texture places for people
to walk through them at regular intervals and planting; motion carried (4-1, Council Member Romero
voting no.)
Moved by Settle / Pinard to adopt 2.2.11 (1); motion carried (5-0).
Moved by Roalman /Settle to adopt 2.2.11 (1) as amended to read, "Design elements that facilitate
neighborhood interaction. Examples include front porches, front yards along streets, and entryways
facing onto public walkways; motion carried (5-0).
Moved by Settle /Roalman to adopt 2.2.11 (J) and 2.2.12; motion carried (5-0).
Moved by Settle /Roalman to adopt 2.3.1 as recommended by the Planning Commission and EQTF;
motion carried (3-2, Council Members Rappa and Romero voting no).
Moved by Settle /Roalman to adopt 2.3.1 (D -L); motion carried (4-1, Council Member Romero voting
no.)
Moved by Settle /Roalman to adopt the Planning Commission's recommendations for 2.3.2 & 2.3.3;
motion carried (5-0).
Moved by Roalman /Settle to adopt 2.3.4 with amendments proposed by the EQTF; motion carried (5-
o).
Moved by Settle/Roalman to approve the Planning Commission recommendation for section 2.4 and
staff to bring in correspondence to us the Mayors suggestion (square footage density measurement
(Residential Density); staff to bring alternatives for a more operable system back; motion carried (4-1,
Mayor Pinard voting no).
Council discusses density bonuses, receiving sites and transfer development credits.
Moved by Settle /Roalman to adopt table 4 and 2.4.2; motion carried (4-1, Mayor Pinard voting no).
City Council Meeting Page 8
Tuesday, May 3, 1994 - 6:00 P.M. & 7:00 P.M.
Moved by Settle /Roalman to adopt section 2.4.3 through 2.4.6, amending the second sentence of 2.4.6
to read, 'Medium density development is appropriate as a transition from low-density development
to higher densities, o; motion carried (5-0).
Moved by Roalman /Settle to adopt the remaining portions of page 29 of the Planning Commission;
section 2.4.8 of amended as recommended by the EQTF; motion carried (5-0).
Moved by SettleIR8121111 to adopt pages 30 & 31 of the Planning Commission recommendations,
amending section 2.7.2 to read, °Cuesta. The City should encourage Cuesta College to facilitate
student housing."; motion carried (5-0)
Moved by Settle /Pinard to adopt page 32 of the Planning Commission recommendation, amended by
the EQTF's suggestions, with the exception of 2.1.6 (C) (adopt the original Planning Commission
recommendation), amending section 2.1.4 to read Low and Medium Density Residential, and retitle
section 2.1.6 to °Neighborhood Wellness Action Plans", and adding 2.1.6 (A.1.1) Programs: The City
will help devise strategies to help stabilize rental /owner - occupied ratios to maintain neighborhood
character, safety and stability°; motion carried (5-0).
Moved by Settle /Roalman to adopt page 43 of the Planning Commission's draft with the EQTF's
recommendations; motion carried (5-0).
Moved by Settle /Rapos to adopt page 45 of the Planning Commission's draft; motion carried (4-1,
Council Member Romero voting no.)
Moved by Roalman /Settle to adopt pages 46 and 47 of the Planning Commission draft, with section
4.11 as recommended by the EQTF; motion carried (3-2, Council Members Rappa and Roalman voting
no.)
Council discussed future meetings to review the Land Use Element.
COMMUNICATIONS
COMMA. John Dunn, City Administrative Officer, informed Council regarding ceremonial cannon
for the Railroad Celebration.
11:30 PM there being no further business to come before the City Council, Mayor Pinard adjourned
the meeting to Monday, May 9, 1994 at 1:15 PM for Closed Session in the Council Hearing Room.
APPROVED BY COUNCIL- 5/31/94
DRG:cm ne R. G dwe City Clerk
CI