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HomeMy WebLinkAbout12/03/1996CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 3,1996 - 6:30 P.M. PLANNING CONFERENCE ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer, Wendy George, Asst. to CAD City Council held a closed session to discuss the following issue: CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 Property: 1240 Nipomo St. Negotiating Parties: City of San Luis Obispo; Mike McCluskey Property Owner Representative: Debra Borido, Wells Fargo Negotiation: Whether to Acquire The Council will continue to review the options, and 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. APPROVED BY COUNCIL: 1/7/97 BLG:dr 6 nie L. Gawf,,E`rty` er1 1 1 ROLL CALL: Council Members Present: City Staff MINUTES REGULAR MEETING, O_ F THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 3,1996 - 7:00 P.M. LIBRARY COMMUNITY ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members Dave Romero, Kathy Smith, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle 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, Mike McCluskey, Public Works Director, John Moss, Utilities Director; Bob Neumann, Fire Chief; Jim Gardiner, Police Chief; Jane McVey, Economic Development Manager; John Mandeville, Long -range Planning Manager u- j =LA =arrairn PRES1. A presentation was made by Steve McShane, President of Associated Students, Inc., and several ASI members, who reported on the organization and programs and activities sponsored by ASI and issues the organization plans to address this year. ' PUBLIC COMMENT PERIOD PC7. Christine Mulhulland, San Luis Obispo resident, spoke regarding pre development review, asking why a policy had not yet been presented to Council. PC2. Robert Stem, San Luis Obispo, asked why the alcoholic beverage item was not on the consent calendar. Mayor Settle responded that it would be considered as Business Item #6. CONSENT AGENDA Council Member Smith stated that she would not be participating in the vote for item #C10 to avoid a potential conflict of interest. Council Members Romero and Williams requested that item C3 be removed for a separate vote. Moved by Williams/Romero to approve the Consent Agenda, with the exception of Items C3 and C10, as recommended by the City Administrative Officer; motion carried (5 -0). 1. COUNCIL MINUTES Council considered the minutes of: Tuesday, November 19, 1996 at 4:30 P.M.; Tuesday, November 19, 1996 at 5:30 P.M.; ' Tuesday, November 19, 1996 at 7:00 P.M.; and Wednesday, November 20 at 5:00 p.m. (Council Subcommittee) Moved by Williams/Romero to waive oral reading and approve minutes as amended; motion carried (5 -0). City Council Meeting Page 2 Tuesday, December 3, 1996 - 7:00 p.m. C2. ZONING MAP AMENDMENT (File No. 463) Council considered giving final passage to an ordinance amending the zoning map from Tourist Commercial (C -T) to Retail Commercial (C -R) for a lot on the westerly comer of Monterey and California Streets (1480 Monterey); Harry Kaplan, applicant. (Continued from 11/19/96.) Moved by Williams /Smith to waive oral reading and give final passage to Ordinance No. 1314; motion carried (5 -0). C3. CONDOMINIUM CONVERSION REGULATIONS (File No. 423) Council considered of giving final passage to an ordinance amending Chapter 17.82 of the Municipal Code to require affordable housing in connection with condominium conversions, and to allow the Community Development Director to waive the solar water heating requirement for condominiums when equivalent energy savings are demonstrated. (Continued from 11/19196.) Moved by Roalman /Smith to waive oral reading and give final passage to Ordinance No. 1315, motion carried (3 -2; Romero, Williams opposed). C4. FINAL MAP - TRACT 2100 (File No. 410) Council considered final map approval for Tract 2100, a 104ot residential subdivision at 3935 Poinsettia Street. Moved by Williams/Romero to adopt Resolution No. 8605 approving the Final Map for Tract 2100; motion carried (5 -0). C5. BRIDGE DESIGN SERVICES (File No. 93 -44E) Council considered approving an agreement with Quincy Engineering in the amount of $117,095 for Santa Rosa Street Bridge design and right of way services, and appropriating $21,000 from the unappropriated balance of the General Fund and $44,000 in grant revenue to the project account. Moved by Williams/Romero to approve agreement and appropriation; motion carried (5 -0). C6. SURPLUS PROPERTY (File No. 165) Council considered declaring certain Public Works, Fire, Finance and Parks and Recreation equipment as surplus. Moved by Williams/Romero to adopt Resolution No. 8606 declaring equipment as surplus property; motion carried (5 -0). C7. FINANCIAL PLAN SCHEDULE (File No. 233) Council considered the preliminary schedule for preparing the 1997 -99 Financial Plan and conceptual approach to Council goal - setting as part of this process. Moved by Williams/Romero to approve preliminary schedule and conceptual approach; motion carried (5 -0). 1 City Council Meeting Page 3 Tuesday, December 3, 1996 - 7:00 p.m. ' C8. COMPUTER PURCHASE ASSISTANCE (STATLER) Council considered an employee computer purchase program that provides employees with a modest financial incentive to purchase computers that are compatible with the ones they use at work. Moved by Williams /Romero to approve program; motion carried (5 -0). C9. FLOOD MANAGEMENT PLAN (File No. 96 -05A) Council considered awarding a contract for preparation of a Flood Management Plan to Questa Engineering Corporation for Phase I in an amount not to exceed $80,000 and for Phase 11 in an amount not to exceed $400,000. Moved by Williams/Romero to award contract to Questa Engineering; motion carried (5 -0). C10. PCC GRANTS -IN -AID CRITERIA (File No. 1055) Council considered revised criteria for Promotional Coordinating Committee grants- inaid. Moved by Williams /Romero to approve revised criteria; motion carried (4-0-1, Smith abstaining). C11. CONFLICT OF INTEREST CODE (File No. 323) Council considered updating the list of designated employees and advisory body members required to file Conflict of Interest Statements. Moved by Williams /Romero to adopt Resolution No. 8607 updating Conflict of Interest Code; motion carried (5 -0). C12. CUPA IMPLEMENTATION AGREEMENT (File No. 722) Council considered an agreement with the County of San Luis Obispo for the implementation of the Unwed Hazardous Materials and Waste Management Regulatory Program (CUPA). Moved by Williams/Romero to approve program implementation agreement and authorize Mayor to execute the agreement; motion carried (5 -0). C13. CAL POLY TRANSIT AGREEMENT (File No. 541) Council considered an agreement for Cal Poly contributions to SLO Transit in the amount of $169,000 to provide free rides on SLO Transit to Cal Poly riders, and continue peak hour tandem service, for Fiscal Year 1996 -97. Moved by Williams /Romero to approve and authorize the Mayor to execute the agreement; motion carried (5 -0). C14. OLD FIRE STATION HEADQUARTERS (File No. 165) Council considered the sale of the old headquarters fire station at 748 Pismo Street. Moved by Williams/Romero to adopt Resolution No. 8608 approving the sale of the headquarters fire station to Rob Rossi in the amount of $765,000; motion carried (5 -0). City Council Meeting Page 4 Tuesday, December 3, 1996 - 7:00 p.m. City Attorney Jorgensen announced that the City Council held a closed session at 6:30 p.m. tonight to discuss the following issue: CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code , 54956.8 Property: 1240 Nipomo St. Negotiating Parties: City of San Luis Obispo; Mike McCluskey Property Owner Representative: Debra Borido, Wells Fargo Negotiation: Whether to Acquire City Attorney Jorgensen reported that the Council continues to review the options, and no action was taken. APPOINTMENT Al. CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered an appointment to the Cultural Heritage Committee to fill an unexpired term which ends on 3/31/98. Moved by Roalman /Smith to appoint Bruno Giberti to an unexpired term on the CHC to end 3/31/99, and thank Victoria Wood for her service to the CHC; motion carried (5 -0). COUNCIL LIAISON REPORTS LR1. Council Member Williams attended the BIA Board meeting stating that the business discussed included downtown tree lighti2 and decorations, concern about parking and an open house at the Jack House On December 14 . LR2. Council Member Smith commented on the Cal Poly sports fields EIR, stating that she was disappointed by the low number of people in attendance at that meeting. PUBLIC HEARINGS 1. REZONING - 40 PRADO ROAD (File No. 463) Council held a public hearing to consider a request to amend the Land Use Element map designation from Office to General Retail, and amend the zoning map from O-PD (Office, with Planned Development overlay) to C-R (Retail - Commercial), for property located at the northeastern comer of Prado Road and Elks Lane at Highway 101 (40 Prado Road); Zelman Company, applicant. Community Development Director Jonas presented the staff report. He noted that this item centers around a land use issue and policy, stating that the Planning Commission had found that the project does not conform to General Plan Policy. Finance Director Statler presented a brief report to elaborate on the Stephen A. Nukes & Associates Report. He said that the sales tax estimates in the report have been confirmed by the City's consultant. Public Works Director Mike McCluskey addressed the traffic issues associated with the project. City Council Meeting Page 5 Tuesday, December 3, 1996 - 7:00 p.m. He stated that an interchange is likely to be built within the next 3-5 years, and that in the interim the current streets could accommodate the traffic for a project of this type. At the request of Council, Community Development Director Jonas summarized the findings upon which the Planning Commission based their decision. Mayor Settle opened the public hearing. Ben Reiling, President of Zelman Development (Applicant), addressed the Council giving details of the application process, stating that even though his company had paid for the reports, that staff had clearly defined what the reports should address and his company had no input into the reports. He detailed an analysis by the UCSB Economic Forecast Project of the economic impacts. Victor Montgomery, architect for the proposed project, addressed General Plan policies affecting this development. He stated that the traffic study concludes that the project will work even without the interchange and that a mitigation measure attached to the zoning insures that the developer will participate in an assessment district to help pay for an interchange. David Jeffrey. 1128 Iris Street, stated that any change in zoning for the subject property would require that the Prado Road interchange be built. Suzanne Hennessy, Arroyo Grande, spoke in opposition to the re- zoning. Margaret Maass, 267 Hermosa Way, spoke in support of the re- zoning. i Dale Sutliff, 1227 Sydney Street, spoke in opposition to the rezoning, stating that the existing zoning is appropriate for the location. Judy Bartels. 1124 George St., spoke in opposition to the rezoning. Jim Waldsmith. 4850 Davenport Creek Rd., spoke in opposition to the project. Christine Mulholland, SLO, spoke in opposition to the project. David Holmes. 591 Islay St., spoke in opposition to the project. Mike Stanton, 777 Evans Rd., spoke in opposition to the project. John Lex. SLO, spoke in opposition to the project, stating that existing businesses will be gravely affected by this type of development. Ira Winn. Barramca Ct., spoke in opposition to the project. Aminah Ramezany, SLO, spoke in opposition to the project. Mike Lemos. 2324 Broad St., spoke in opposition to the project Robert Griffin, 774 Del Rio, President of the Chamber of Commerce, stated that the highest and best use of the site is as a regional retail zone. Mike Spangler, owner of Audio Visual Concepts, asked the Council level the playing field by expanding the parking spaces in the downtown to provide accessibility. Steve Jefferson, 642 California Blvd., spoke in opposition to the project. City Council Meeting Tuesday, December 3, 1996 - 7:00 p.m. Linda Powers. 2963 S. Higuera, spoke in opposition to the project. Nicholas Thille, 1376 Ironbark St., spoke in opposition to the project. Daniel Kramer, Los Osos, spoke in opposition to the project. Richard Ferris, 1447 Oceanaire, spoke in opposition to the project. Cynthia Boche, SLO, spoke in opposition to the project. Ray Hanson, 150 Pismo St., spoke in opposition to the project. Kathryn Keller, 972 Buchon, spoke in opposition to the project. Craig Anderson, 1052 Islay St., spoke in opposition to the project. Deborah Holley , BIA, spoke in opposition to the project. Dr. Richard Kranzdorf, 160 Graves, spoke in opposition to the project. Pat Veesart, 1446 Morro, spoke in opposition to the project. Brian Johnson, SLO, spoke in opposition to the project. Page 6 Ilona Ing, 2057 King St., spoke in opposition to the project. Rick Manners, Circuit City, spoke in support of the rezoning, estimating and annual amount of $265,000 being spent by Circuit City on local marketing and the local construction trade will benefit by the building of a $2.5 million project. Ben Reiling, 3036 Wilshire Blvd., LA, stated that revenue generated for the City by big box retail could be used to revitalize the downtown with lighting and landscaping. Mayor Settle closed the public hearing. After Council discussion, Community Development Director Jonas recommended that if the Council intended to adopt Resolution C, to strike Item 1, as it is no longer relevant, and clarify Item 15 by changing the tern "bridge" to "crossing." Moved by Romero/Williams to adopt Resolution No. 8609, with the recommended changes, amending the General Plan Land Use Element Map from Office to General Retail for Property Located at 40 Prado Road (GP/R 7 -95) and introduce Ordinance No. 1316 to print, approving a negative declaration with mitigation measures, and amending the zoning map from Office with the Planned Development overlay zoning, O -PD, to Retail - Commercial with the Special Consideration overlay, C-RS, based on findings; motion carried (3 -2, Roalman, Smith opposing). 2. APPEAL - 3046 S. HIGUERA (File No. 407) Council held a public hearing to consider an appeal by Bogden /Shaw of a Planning Commission action to deny Use Permit U 107 -96; a request to establish a country western dance club in the C- S zone on the west side of South Higuera Street near Margarita Avenue; Bogden /Shaw, applicants. Community Development Director Jonas presented the staff report, stating that the necessary parking is not available for the use and therefore staff is recommending that Council uphold the decision of the Planning Commission and deny the appeal. City Council Meeting Page 7 Tuesday, December 3, 1996 - 7:00 p.m. Mayor Settle opened the public hearing. Bill Bowden, applicant, clarified that there are twelve spaces available in the lot across Higuera, which meets the parking requirements. He submitted a letter from the DMV, which was not included in the Planning Commission packet, that indicates that their lot would also be available for parking. Avice Nolan, 3057 South Higuera St., read a statement in opposition to the project. She requested that, if the project is approved, sound emanating from the business shall not be audible to nearby residents. Jennifer J. Gibford, 767 Evans Road, spoke in favor of the use permit. Edward Rossi, Atascadero, spoke in favor of the project. Mr. Frazie r. architect addressed the parking issue and spoke in opposition to the project. Jerry Heminger, DMV Department of General Services, spoke in opposition to the use of the DMV parking lot by the proposed business. Dave Alvarez, DMV - Facilities, stated that there is concern regarding the club's use of the parking lot from a liability standpoint. Catherine Hicks, Grover Beach, stated that the traffic is not heavy after 9:00 p.m., and supported ' the project. Larry Blakely, EDD, stated that while they encourage business development, there is inadequate parking for a club at this location. Rudy Engle. Manager IRS, stated that he had a concern with security for the area. Don Walter, Walter Brothers Construction, offered to answer questions regarding the use of the parking lot and said that he had an objection to the use of the parking lot at Walter's Center. Mayor Settle closed the public hearing. After discussion, moved by Williams /Romero to adopt Resolution No. 8610 denying the appeal and upholding the Planning Commission's action; motion carried (4-1, Smith opposed). 3. APPEAL - FROOM RANCH DEVELOPMENT (File No. 407) A letter from the applicant requesting a continuance of the item was noted for the record. Moved by RomeroAffilliams to continue the item to January 7,1996; motion. carried (5 -0) 4. CDBG PROGRAM (File No. 427) Council held a public hearing to consider a Section 108 loan application and amendments to the 1996 Consolidated Plan and CDBG Program. Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. Donald Dana, 1502 Helena, Huesa Corp. spoke in opposition to using the funds for the museum. City Council Meeting Page 8 Tuesday, December 3, 1996 - 7:00 p.m. George Movlan spoke in support of the recommendation. Mayor Settle closed the public hearing. After discussion, moved by Roalman/Williams to 1) authorize staff to proceed with the Section 108 loan application in the amount of $1.65 million; 2) authorize the CAO to execute an agreement with Mark Briggs and Associates for consultant services and the use of Section 108 loan funds to cover consultant costs, not to exceed $10,000; and 3) recommend that the Board of Supervisors amend the Urban County Consolidated plan to include changes to the City's 1996 CDBG program; motion carried (5 -0). COMMUNICATIONS Comm1. Community Development Director Jonas addressed issues raised by a resident about creek work that is currently being done near La Vineda, off Johnson Avenue. Comm2. Council Member Smith reported on a new publication by the VCB and asked staff to look into the matter to see if the publication is a duplication of what is already being distributed by the Chamber. Assistant CAO Ken Hampian stated that Wendy George met with the PCC to tackle ways to monitor contracts. Comma. Council Member Williams stated that she has been asked to serve on a subcommittee to address use of the PAC. Council Member Smith asked about the difficulty in obtaining tickets. Ron Regier, Manager of the PAC, said that because of "Cats" the PAC was inundated with ticket requests. BUSINESS ITEMS 5. TARGETED INDUSTRY STUDY (File No. 238) Council considered the creation of an ad hoc working group to analyze and recommend clusters of industry for recruitment to the City and receive status report on the early activities of the Economic Development Director. Economic Development Director Jane McVey presented the staff report, proposing that a study be done in house in conjunction with local experts in an ad hoc committee. Mayor Settle opened the floor to the public. Joe Somsel, 236 Albert Dr., spoke in support of the formation of the committee. Mayor Settle closed the floor to the public. After discussion, moved by Smith/Romero to authorize the creation of an ad hoc working group staffed by the Economic Development Manager; motion carved (5 -0). Due to the lateness of the hour, Council asked that a study session to hear the status report be conducted. 6. ALCOHOL SERVICE AT CAL POLY (File No. 1162) Council considered alcohol sale or service at the Performing Arts Center and Vista Grande Restaurant. Mayor Settle opened the floor to public comment. 1 City Council Meeting Tuesday, December 3,1996 - 7:00 p.m. Ron Regier, Manager of the PAC, spoke in support of allowing alcohol service at the PAC. Greg Hind, FPAC, spoke in support of allowing alcohol service at the PAC. Robert Stem, SLO, spoke in opposition to alcoholic beverage service at the PAC. Page 9 After discussion, moved by Smith /Roalman to send a letter urging Cal Poly to withdraw its application for a license to sell wine and beer at the PAC; motion carried (5 -0). There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 1:00 a.m. to Tuesday, December 10, 1996, at 7:00 p.m. in the Veterans .Memorial Building, 801 Grand Avenue. APPROVED BY COUNCIL: 1/7/97 BG:dr ROLL CALL: Council Members Present: L. Gawf MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 10, 1996 - 7:00 P.M. VETERANS MEMORIAL BUILDING, 801 GRAND AVENUE SAN LUIS OBISPO, CALIFORNIA Council Members Kathy Smithi Dave Romero, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle City Staff Present: John Dunn, City Administrative Officer, Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer, Mike McCluskey; Public Works Director; Al Cablay, Public Works Manager; Terry Sanville, Principal Transportation Planner. PUBLIC COMMENT PERIOD PC1. Steve McShane, ASI President, asked the Council to send a letter to Warren Sinsheimer of FPAC opposing the sale of alcohol at the PAC. He reported that ASI supports charging a user fee for students to contribute to partial funding for City transit. CONSENT AGENDA C1. FINAL MAP APPROVAL — MARIGOLD (TRACT 2133) Council considered giving final map approval for Tract 2133, 3950 South Broad Street (Marigold Shopping Center). Moved by Romero /Smith to adopt Resolution No. 8611 approving the Final Map for Tract 2133 and authorize the Mayor to execute the subdivision agreement; motion carried (5 -0).