HomeMy WebLinkAbout02/04/1997CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 4, 1997 - 4:00 P.M.
LIBRARY CONFERENCE ROOM, 995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor
Bill Roalman, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney
City Council held a closed session to discuss the following issues:
A) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE - Pursuant to Government Code
Section 54957
Council voted 5-0 to uphold the findings and recommendations of the Personnel Board to
terminate John Schmidt.
After a brief recess, the City Council reconvened.
City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer
B) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation
pursuant to Government Code Section 54956.9 ( C ). Number of potential cases: One.
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.
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APPROVED BY COUNCIL: 2/18/97
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 4,1997- 7:00 P.M.
LIBRARY COMMUNITY ROOM, 995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Dave Romero, Kathy Smith, Dodie Williams, Vice Mayor
Bill Roalman, and Mayor Allen Settle
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney;
Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative
Officer; Bill Statler, Finance Director; John Moss, Utilities Director, Mike
McCluskey; Public Works Director, Paul LeSage, Parks and Recreation
Director; Ron Whisenand, Development Review Manager; John Mandeville,
Long Range Planning Manager; Glen Matteson, Associate Planner; Jeff
Hook, Associate Planner; Wendy George, Assistant to the CAO; Neil
Havlik, Natural Resources Manager; Jane McVey, Economic Development
Manager.
CLOSED SESSION ANNOUNCEMENT
Jeff Jorgensen, City Attorney, announced that prior to the regular meeting, two closed sessions
had been held. He said that in the first session — PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/
RELEASE - Pursuant to Government Code Section 54957— Council voted 5-0 to uphold the
findings and recommendations of the Personnel Board to terminate John Schmidt.
City Attorney Jorgensen further reported that no action had been taken during the second
Closed Session — CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code Section 54956.9 ( C ). Number of potential cases:
One.
Pres.1. The Housing Authority presented the Council with T- shirts in honor of their new
Children's Program.
Pres.2. The Mardi Gras King and Queen read a proclamation and presented beads to the City
Council in honor of the Mardi Gras celebration on February 8t'.
PUBLIC COMMENT PERIOD
PC1. Lane Batcheldor, of the Monterey Neighborhood, asked the City Council to rank
neighborhoods higher on the list of budget priorities.
CONSENT AGENDA
Mayor Settle asked that Item C7 be removed from the consent calendar, as the applicant's
representative wished to make a statement regarding the item.
Council Member Romero and Council Member Williams registered no votes on Item C2.
Council Member Romero noted a correction on Item C1.
Vice Mayor Roalman asked for and received clarification from staff on Item C4 regarding the
length of the contract and options concerning the contract with San Luis Garbage.
City Council Meeting Page 2
Tuesday, February 4, 1997- 7:00 p.m.
Moved by SmithWilliams to approve the Consent Agenda, except Item C7, as recommended by
the City Administrative Officer; motion carried (5 -0).
Rob Strong, Strong Planning Services, stated that the commencement of the DeVaul Ranch EIR
had been unnecessarily delayed, and he outlined concerns regarding the timing of the traffic
study not being coordinated with the EIR process. He asked Council to support the
recommended action and expedite the process.
Moved by Settle /Smith to approve workscope as recommended on Item C7, and authorize staff to
proceed with sending out the RFP to qualified consultants, and authorize the CAO to award the
contract to a qualified consulting firm, contingent upon the developer depositing with the City
the amount of the contract price plus 30 %; motion carried (4-1; Romero opposed).
Council considered the minutes of:
Tuesday, January 14, 1,997 at 7:00 p.m.;
Tuesday, January 21, 1997 at 6:30 p.m.; and
Tuesday, January 21, 1997 at 7:00 p.m.
Moved by Smith/Williams to waive oral reading, and adopt minutes as amended; motion carried
(5 -0).
C2. ZONING REGULATIONS AMENDMENTS (File No. 463)
Council considered giving final passage to Ordinance No. 1310 amending various section of the
Zoning Regulations in order to implement policies of the 1994 Land Use Element of the General
Plan (TA 79 -96 & TA 121 -96). (Continued from 9/17/96,10/1196,11/19/96 and 1/21/97.) 1
Moved by SmithWilliams to give final passage to Ordinance No. 1310; motion carried (3 -2;
Romero, Williams opposed).
C3. MASSAGE PERMITS (File No. 708)
Council considered giving final passage to Ordinance No. 1317 amending the Municipal Code
governing massage establishments and massage technicians to require license or permit
renewal only if the business tax certificate has lapsed for ninety days or more. (Continued from
1/21/97.)
Moved by Smith/Williams give final passage to Ordinance No. 1317; motion carried (5 -0).
C4. SOLID WASTE COLLECTION AND DISPOSAL (File No. 142)
Council considered a Resolution of Intent to grant San Luis Garbage a franchise for solid waste
collection and disposal services.
Moved by SmithWilliams to adopt Resolution of Intent and set a public hearing on March 4, 1997
to consider the grant of the franchise; motion carried (5 -0).
C5. FINAL MAP - TRACT 1827 (File No. 410)
Council considered approving the final map for Tract 1827, 15 single-family lots, and two
common lots located at 2175 Florence Avenue (Fairview Station); Richard and Jennifer Porter,
subdividers.
Moved by Smith/wlliams to adopt Resolution No. 8630 approving final map; motion carried (5 -0).
City Council Meeting Page 3
Tuesday, February 4,1997- 7:00 p.m.
C6. FIXED ROUTE TRANSIT SERVICES (File No. 97-33)
' Council considered an RFP for "Fixed Route Transit Services," Specification No. 97 -33, for a four
year term which will begin July 1, 1997 and end on June 30, 2001.
Moved by Smith/Williams to approve RFP and authorize the Public Works Director to distribute;
motion carried (6 -0).
C7. DEVAUL RANCH ENVIRONMENTAL IMPACT REPORT (File No. 441)
Council considered the workscope for preparation of an Environmental Impact Report (EIR) for
the DeVaul Ranch Annexation on the southerly comer of Los Osos Valley Road and Madonna
Road, and a Request for Proposals (RFP) for consultant services.
Moved by Settle /Smith to approve workscope and authorize staff to proceed with sending out the
RFP to qualified consultants, and authorize the CAO to award the contract to a qualified
consulting firm, contingent upon the developer depositing with the City the amount of the
contract price plus 30 %; motion carried (4-1; Romero opposed).
COUNCIL LIAISON REPORTS
CLR1. Council Member Romero attended a ceremony in honor of the National Guard's departure
for Germany, and he reported that a proclamation was presented to the Guard on behalf of the
City of San Luis Obispo.
CLR2. Mayor Settle reported that Housing Task Force Committee meetings will commence in the
very near future to address possible solutions for student housing shortages.
CLR3. Mayor Settle stated plans are being made for a future meeting of San Luis Obispo County
Mayors to address county-wide issues.
PUBLIC HEARINGS
1. FROOM RANCH APPEAL (File No. 441)
Council held a public hearing to consider an appeal by Dennis Schmidt on behalf of Madonna
Construction of a Director's determination to require a focused environmental impact report for a
42-acre annexation and warehouse retail development project proposed along Los Osos Valley
Road between Madonna Road and Highway 101; Alex Madonna, applicant.
Development Review Manager Whisenand presented the staff report, stating that tonight's action
is to determine if a focused EIR will be required. He detailed specific aspects of the project. He
detailed CEQA guidelines as they relate to the project and recommended that the Council uphold
the decision to require a focused EIR. He explained that the appellant's request to use an earlier
EIR that was provided for the area is unrelated to the currently proposed development.
Mayor Settle opened the public hearing.
City Attorney Jorgensen clarified that tonight's hearing is to determine if an environmental
impact report should be required for the proposed development, and asked speakers to focus
their comments on the EIR.
Ben Maddalena. Central Coast Engineering, spoke in behalf of the appellant, asking that the
' scope of the EIR be reduced, as the scope of the project has been reduced, stating that a
mitigated negative declaration is sufficient.
Dennis Schmidt. Madonna Construction, stated that the Council has not been provided with the
information that the appellant has submitted to staff. He detailed areas that he believes were
addressed adequately in an earlier EIR. He said that the area with the most sensitive habitat is
being donated to the City as open space. He asked Council to grant the appeal.
City Council Meeting
Tuesday, February 4, 1997- 7:00 p.m.
Page 4
Steve Orosz. Penfield- Smith, reviewed a recent traffic study, stating that the study addresses '
concerns as outlined by staff, and mitigation issues are known.
Alex Madonna, appellant, stated that the type of retail development which he proposes for the
site is necessary to revitalize business, and that the staff is using the EIR process as a way to
delay the project.
Rene Bravo, SLO, spoke in support of the appellant, asking Council not to require an EIR.
Duane Scudder, 310 Clover Drive, spoke in support of the appeal.
Lee O'Reilly, adjacent property owner, spoke in support of the appeal, stating that the previous
EIR is sufficient.
Andrew Fetvko, real estate appraiser, spoke in support of the appeal.
Ken Johnson, adjacent property owner, spoke in support of the appeal, stating that no further
EIR studies are necessary.
Roland Maddalena, SLO, spoke in support of the appeal.
Art Aguilar, owner of San Luis Personnel Services, asked Council to support the appeal.
Alexandra Whitcher, 149 Serrano Heights, spoke in support of the appeal.
Lam Allen, Air Pollution Control District, stated that a detailed, quantitative analysis is
necessary for this project and asked Council to deny the appeal.
Jerry Dagna, SLO, spoke in support of the appeal. '
Diane Hull, SLO, spoke in support of the appeal.
Kirby Gordon, Pismo Beach, spoke in favor of the appeal, stating that enough EIR studies have
been performed for the area.
Pat Veesart, 1446 Morro, stated that an EIR is necessary due to significant impacts associated
with the project.
Christine Mulholland, SLO, agreed with the previous speaker and stated that a full EIR is
necessary.
Larry Newland. Caltrans Representative, stated that the level of traffic analysis that has been
performed would not be adequate for Caltrans to issue an encroachment permit if one were
required.
Bob Blair, Arroyo Grande, spoke in support of the appeal.
Geoffrey Land, 1957 Hope, Director of ECOSLO, asked Council to deny the appeal.
Len Wheeler. 1332 Cavalier, stated that most of the issues raised had been answered by the
appellant, and he spoke in support of granting the appeal.
Joe Cardosa, 684 Rancho Oaks, spoke in favor of the appeal, stating that a negative declaration
is sufficient.
Steve McGrath, SLO, stated a focused environmental impact report is necessary.
Dennis Schmidt reviewed CEQA requirements, stating that the studies already prepared meet
these requirements.
Geoff Land stated that there is insufficient information to determine if there is a significant
impact to the environment.
Steve Orosz stated that the Circulation Element addressed the Froom Ranch site and that
City Council Meeting Page 5
Tuesday, February 4,1997- 7:00 p.m.
Caltrans has not yet reviewed most recent traffic report.
Alex Madonna stated that he would abandon the project rather than conduct an EIR.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman /Smith to adopt Resolution No. 8632 denying the appeal; B)
approve workscope for consultant services to prepare an EIR for the Froom Ranch project and
authorize staff to send out Request for Proposals after consulting with the applicant regarding
his desire to proceed; and C) authorize the CAO to award the contract to a qualified consulting
firm, contingent upon the developer depositing with the City the amount of the contract plus 30%
to cover City administrative costs; motion carried (3,2; Romero, Williams opposed).
There was consensus among Council Members that they would like to review the scope of work
for the EIR, and that they are open to looking at refinements.
2. PLANNED DEVELOPMENT AMENDMENT (File No. 410)
Council held a public hearing to consider amending the Villa Rosa residential planned
development housing requirement to meet Housing Element policies (843 Mutsuhito); Mid-State
Bank, applicant.
Associate Planner Jeff Hook presented the staff report, reviewing the history of the Villa Rosa
project, and stating that a request has been made by the current owner to modify the affordable
housing requirements to maintain affordability on units which already have been sold and to
meet current housing element standards (5% priced for moderate income families or 3% priced
for very low income families).
Mayor Settle opened the public hearing.
Carol Pruett Executive Officer of Mid State Bank, stated that the only way to sell the property and
further develop the project is to remove the strict affordability requirements.
Christine Mulholland, SLO, stated that it may not be wise to make further concessions to the
owners.
Pat Veesart, SLO, spoke in support of allowing the affordable housing requirements to be lifted
from the project, but stated that the park4n4ieu fees should be paid up front rather than
incrementally.
Carol Pruett stated that a requirement to pay the fees up front could make the property more
difficult to market, and that the project will already be paying an additional $195,000 in fees.
George Movlan, Housing Authority of SLO, stated that, practically speaking, there is no
affordable single family housing in SLO, and it should be accommodated. He stated that the
agreement before the Council is viable and he supported approval.
Mayor Settle closed the public hearing...
After discussion, moved by Romero /Smith to introduce Ordinance No. 1318 amending the
housing requirement; motion carried (4-1, Roalman opposed).
COMMUNICATIONS
There were no communications.
............. BUSINESS ITEMS
3. GENERAL PLAN AMENDMENT PROCESS REVIEW (File No. 461)
Council considered the current General Plan amendment process and a proposed alternative that
City Council Meeting Page 6
Tuesday, February 4,1997- 7:00 p.m.
would require City Council authorization for proposals to proceed to hearings.
Glen Matteson presented the staff report, reviewing the current process as it compares to the
suggested change. He presented options for the Council's consideration.
Mayor Settle asked for public comment.
Christine Mulholland, SLO, stated that she supports implementing a policy for all General Plan
amendments to come before the City Council for a pre - development review.
Mayor Settle returned discussion to the Council.
After discussion, it was moved by Roalman that staff develop a policy for a preliminary review of
applications by the Planning Commission and City Council for General Plan amendments for
areas outside the Urban Reserve Line. The motion died for lack of a second.
After further discussion, it was moved by Romero/Williams to keep the current policy in place;
motion carried (4-1; Roalman opposed).
4. GOAL SETTING FOR 1997- 99 (File No. 233)
Council considered goals for 1997 -99 from the February 1 budget workshop. (Continued from
1/14/97 and 2/1/97.)
CAO Dunn introduced the item.
Mayor Settle opened the floor to public comment.
Carla Sanders, SLO, emphasized that there are noise issues associated with the proposed Cal
Poly sports fields.
Pat Veesart, Sierra Club, stated that he is opposed to using general fund money to support
sports fields.
Carla Sanders stated that process determines the outcome in government.
Having no further requests to speak, Mayor Settle returned discussion to Council.
After discussion, there was consensus among the Council to designate the goal of continued
neighborhood preservation efforts as a "Major City Goal" and to clarify the wording of the goal
regarding the Cal Poly sports fields.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 12:15 a.m. to Tuesday, February 18, 1997 at 7:00 p.m. in the Library Community
Room, 995 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 2/18/97 tl
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