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HomeMy WebLinkAbout09/17/1996CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 17, 1996 - 6:30 P.M. CONFERENCE ROOM - 955 MORRO STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, and Mayor Allen Settle Absent: Vice Mayor Dodie Williams City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Wendy George, Asst. to CAO; Ann Slate, Personnel Director; Ken Hampian, Assistant City Administrative Officer City Council held a closed session to discuss the following issue: CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.68 Agency Negotiators: Ken Hampian, Wendy George, Richard Bolanos Employee Organization: San Luis Obispo Firefighters' Association No action was taken. 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Library Community Room, where a public report of the action taken in closed session was to be given. Bo7-k L. Gawf, Ci Cler APPROVED BY COUNCIL: 1011196 BLG:dr 1 1 t MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 17, 1996 - 7:00 P.M. LIBRARY COMMUNITY ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, and Mayor Allen Settle Absent: Vice Mayor Dodie Williams City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Staffer, Finance Director; John Moss, Utilities Director; Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; Ron Whisenand, Development Review Manager; Jane McVey, Economic Development Manager PUBLIC COMMENT PERIOD PC1. Astrid Gallagher, 1680 LaFinca Court, spoke regarding the Friends of the Adobes Group, stating that a trash pile remains near the La Loma Adobe from the last clean up, asking Council to look into covering the Rodriguez Adobe, and questioning the requirement for a use permit to use an adobe building as a meeting place. Mayor Settle asked staff to assist Ms. Gallagher. PC2. Robert Vessely, Friends of the Adobe, spoke regarding efforts to stabilize and clean up the LaLoma, Rodriguez, and Dana Street Adobes. He requested that the Friends of the Adobes be granted a permit to use the Dana Street Adobe. John Dunn, CAO, responded, thanking the Friends of the Adobe for their work, and stated staff would address the issues. City Attorney Jorgensen reported no action taken at tonight's closed session. CONSENT AGENDA Moved by Romero/Smith to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (4-0-1, Williams absent). C1. COUNCIL MINUTES (GAWF) Council considered the minutes of: Tuesday, September 3, 1996 at 6:00 P.M. Moved by Romero/Smith to waive oral reading and approve minutes as amended; motion carried (4 -0-1, Williams absent). C2. HABITAT CONSERVATION GRANT FUNDS (File No. 462.1) Council considered authorizing staff to apply for grant funds in the amount of $100,000 from the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 to be used in support of the acquisition of part of the Bishop Peak property. City Council Meeting Page 2 Tuesday, September 17, 1996 - 7:00 p.m. Moved by Romero/Smith to adopt Resolution No. 8580 authorizing staff to complete and submit application; motion carried (4-0-1, Williams absent). C3. RFP FOR TRAFFIC STUDIES (Alpha File) Council considered a Request for Proposal (RFP) for the preparation -of traffic impact reports for the Froom Ranch and DeVaul Ranch projects. Moved by Romero /Smith to approve RFP, authorize its distribution and award by the CAD to a qualified proposer if the contract amount is less than $50,000; motion carried (4 -0-1, Williams absent). C4. PARK ORDINANCE REVISIONS (File No. 802) Council considered giving final passage to an ordinance amending the City Park Regulations to correct outdated references, clarify areas of enforcement, and define skateboarding, rollerblading and rollerskating activity in City park areas. (Continued from 9/3/96.) Moved by Romero/Smith to give final passage to Ordinance No. 1309; motion carried (4-0-1, Williams absent). Mayor Settle stated that a request had been made to continue Public Hearing Item No. 2 to October 1 and asked staff to elaborate. Mike McCluskev, Public Works Director, stated that the project has already been delayed for eight weeks and a further delay could jeopardize the ability to complete critical portions of the demolition prior to the rains. Council Members concurred to prevent further delays, that the item should be heard tonight. PUBLIC HEARINGS 1. APPEAL - 1228 STAFFORD STREET (File No. 407) Council held a public hearing to consider an appeal by Isabel Marques of an Architectural Review Commission (ARC) action to approve the demolition of a house and construction of three, one - bedroom apartments with lofts, and a street yard of 15' rather than the 20' normally required; Michael Congdon, applicant (ARCMI 96 -96). Arnold Jonas. Community Development Director, presented the staff report, outlining the concerns stated in the appeal. He said that the ARC's review of the project concluded that the concerns are adequately addressed. Mayor Settle opened the public hearing. Isabel Marques, appellant, 1239 Stafford, stated that Mr. Jonas had accurately summarized her position and asked Council to overturn the ARC decision. Fay Hanna. 1269 Stafford, spoke in support of the appeal, stating that a duplex would be more appropriate to the site. Craig Smith, representative for owners of the subject property, spoke in opposition to the appeal, stating that the neighborhood is in transition and that the project is in compliance with applicable zoning regulations. Council Member Romero asked staff to clearify if the trash enclosure requirement by the Fire Dept. caused significant design problems. Mayor Settle closed the public hearing. City Council Meeting Tuesday, September 17, 1996 - 7:00 p.m. Page 3 Council stated some concerns regarding the potential use of lofts as bedrooms and traffic, but concurred that the applicants have met all requirements:•- ' After discussion, moved by Romero /Smith to adopt Resolution No. 8581 denying the appeal and upholding the ARC's action; motion carried (4 -0-1, Williams absent). 2. APPEAL - BUILDING DEMOLITION (File No. 407) Council held a public hearing to consider appeals by Phil Ashley and Richard Schmidt of an Architectural Review Commission (ARC) approval of the demolition of the former VPA Automotive building located at 316 Higuera Street, south of the Highway 101 1Marsh Street interchange. Arnold Jonas, Community Development Director, presented the staff report, summarizing the two separate issues presented by the appellants and recommended that the appeals be denied. Mayor Settle noted that Mr. Schmidt had submitted a written record of his position on the issue. Mayor Settle opened the public hearing. Phil Ashley, appellant, gave a summation of his position regarding the revegitation of the creek bank, and his concerns that a public park can have a negative impact on the creek's environment. Jim Aiken, ARC, stated that the Commission's review had adequately addressed the nature of the building, and that it is not historically significant. Mayor Settle closed the public hearing. ' After discussion, moved by Romero /Roalman to adopt Resolution No. 8582 denying the appeal and upholding the ARC's action; motion carried (4 -0 -1, Williams absent). 3. ZONING TEXT AMENDMENT (File No. 463) A. Council held a public hearing to consider amendment to various sections of the Zoning Regulations to implement policies of the 1994 Land Use Element of the General Plan (TA 79 -96). Ron Whisenand, Development Review Manager, presented the staff report, summarizing several issues addressed by the Planning Commission at their hearing of the item. Arnold Jonas, Community Development Director, explained that two ordinances had been drafted, and the bed & breakfast sections are contained in a single ordinance. Mayor Settle opened the public hearing. Bill Thoma. 3562 Empleo St., spoke on behalf of the Chamber of Commerce, stating that the Chamber is satisfied with the compromise the Planning Commission had drafted and that no exceptions were taken to "Table 9." He asked that Council consider raising the height limitation on buildings, as the proposed 35 feet is inconsistent and prevents a three story building. Mike Cannon spoke in support of the ordinances as presented to the City Council. John Belcher, voiced concerns about creating a non - conforming use in a CS zone and encouraged ' a General Plan Amendment. Mayor Settle closed the public hearing. City Council Meeting Page 4 Tuesday, September 17, 1996 - 7:00 p.m. After discussion, Council agreed to amend the ordinance to require Planning Commission approval for Retail Sales- Warehouse uses over 60,000 square feet in C -S and C -R zones and to amend Section 17.16.010.A.2.a.iv. to read: 'When the calculation of cross slope results in a fractional number it shall be rounded to the next highest whole number if the fraction is one -half or more; otherwise it shall be rounded down to the next lowest whole number." Moved by Smith /Roalman to amend and introduce Ordinance No. 1310 to print amending the Zoning Regulations; motion carried (3 -1 -1, Romero opposed, Williams absent). Council Member Romero stated that he is opposed because the ordinance creates too many non- conforming uses. Mayor Settle stated that staff has sufficiently clarified that non- conforming uses are minimized. Council Member Smith stepped down from the dias due to a potential conflict of interest. B. Council held a public hearing to consider amendment to the bed and breakfast sections of the Zoning Regulations to implement policies of the 1994 Land Use Element of the General Plan (TA 79 -96). Ron Whisenand, Development Review Manager, presented a staff report outlining the changes to provisions for bed and breakfast establishments. Mayor Settle opened the public hearing and having no requests to speak, closed the public hearing. After discussion, moved by Romero/Roalman to introduce Ordinance No. 1311 to print amending the Zoning Regulations regarding Bed & Breakfast uses; motion carried (3 -0-2, Smith abstaining, Williams absent). Council Member Roal man requested reconsideration of previous item. After discussion, moved by Roalman /Smith to amend the requirement of Planning Commission approval of a Retail- Warehouse store to those exceeding 45,000 square feet; motioned carried 4-0- 1, William absent). 4. PLANNED DEVELOPMENT REZONING - 355 PACIFIC STREET (File No. 463) Council held a public hearing to consider amending the zoning map from Service Commercial (C-S) to Service Commercial with a Planned Development (CS -PD), to allow large offices in a proposed new building at 355 Pacific Street; Mike Cannon, applicant. Arnold Jonas, Community Development Director, presented the staff report. Mayor Settle opened the public hearing. Brian Starr, 641 Higuerra, spoke in support of the project. Mayor Settle closed the public hearing. After discussion, moved by Romero/Smith to introduce Ordinance No. 1312 approving the Planned Development rezoning, based on required findings; motion carried (4 -0=1, Williams absent). 5. SPECIFIC PLAN AMENDMENT - HIGUERA COMMERCE PARK (File No. 463) Council held a public hearing to consider a request to amend the Higuera Commerce Park Specific Plan to enable smaller lot sizes and additional land uses for approximately 8 acres at the southern end of the Higuera Commerce Park; R. Howard Strasbaugh, Inc. applicant. City Council Meeting Page 5 Tuesday, September 17, 1996 - 7:00 p.m. Arnold Jonas, Community Development Director, presented the staff report, explaining the scope of the project. Mayor Settle opened the public hearing. Joan Thompson, resident of Silver City Trailer Park, stated a firm opposition to the use because of the proposed bar /tavern and traffic issues. Chris Ford, RM Design Group, 3026 South Higuerra, representing Telegram Tribune, spoke regarding a private agreement between the Telegram Tribune and applicant, and spoke in support of the project Lam Strasbauqh, 825 Buckley, spoke on behalf of the applicant, preservation of historical buildings and improve the property; it will be a small bar. Dave' Farmer, Environmental Collaborative, architect for the project, gave a presentation of the project to clarify to the Council and community what was envisioned. Mayor Settle closed the public hearing. Council agreed to amend the resolution to remove any reference to "bars & taverns," replacing it with references to wine tasting. After discussion, moved by Romero /Smith to adopt Resolution No. 8583 approving a mitigated negative declaration of environmental impact and the requested amendment; motion carried (3 -1 -1, Roalman opposed, Williams absent). COMMUNICATIONS Comm 1. Council Member Romero reported on the funding issues at the Performing Arts Center, stating that currently there is a $1 million shortfall, and that the City may be responsible for a portion in the future. Comm 2. Mayor Settle referred to correspondence from the Cal Poly University President regarding a transit funding increase from Cal Poly up to a total of $161,000. Comm 3. Council Member Romero spoke regarding creek issues that became apparent during the recent creek walk, and the Council referred a list of items, which had been prepared by Council Member Romero, to staff. Comm 4. Mayor Settle requested a tour on September 27th, beginning at 9:00 a.m., of the properties that are the subject of negotiations for possible open space acquisition (Maino & Guidetti), to be considered by Council at their meeting on October 1, 1996. Comm S. Mayor Settle asked John Dunn, CAO, to announce Television to Inform the Public (TIP) broadcast on September 18th at 7:00 p.m. Comm 6. Mayor Settle asked staff and the Police Department to address consistent garage sales at Cuesta Drive & Foothill area. ' Comm 7. Mayor Settle informed Council he had written a letter to the Alta Vista Neighborhood Association in answer to correspondence received from them regarding traffic issues surrounding the new Cal Poly parking structure. City Council Meeting Page 6 Tuesday, September 17, 1996 - 7:00 p.m. Comm 8. Council Member Smith said she had asked Cal Poly to reconvene the task force on student housing. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 9:40 p.m. to Friday, September 27, 1996 at 9:00 a.m. in the Library Community Room, 995 Palm Street APPROVED BY COUNCIL: 1011196 / BG:dr onnie L Ga qty C.OK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, SEPTEMBER 27, 1996 - 9:00 A.M. LIBRARY CONFERENCE ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Bill Roalman, Dave Romero, and Mayor Allen Settle Absent: Vice Mayor Dodie Williams City Staff Present: Ken Hampian, Assistant City Administrative Officer; Bonnie Gawf, City Clerk; Arnold Jonas, Community Development Director; Paul LeSage, Parks and Recreation Director; Neil Havlik, Environmental Resources Manager PUBLIC COMMENT PERIOD There were no public comments. TOUR OF MAINO AND GUIDETTI PROPERTIES The Council travelled from City Hall by bus to the Maino property, where Natural Resources Manager Havlik led a brief tour, pointed out the boundaries of the property and talked about its preservation as open space. Upon returning to the bus, Council Members Roalman and Smith departed, and due to the lack of a quorum, the meeting was formally adjourned at 10:05 a.m. to Tuesday, October 1, 1996, at 6:30 p.m. in the Library Conference Room, 995 Palm Street. Mayor Settle and Council Member Romero continued on to the Guidetti Property with staff and members of the public, where a brief informational tour was conducted. APPROVED BY COUNCIL: 10/22196 BpAnfie L. Gawr.. BG:dr ity Clerk 1