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HomeMy WebLinkAbout04/15/1997'J 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 15,1997- 7 :00 P.M. COUNCIL CHAMBER, 990 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: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer, Bill Statler, Finance Director, Ann Slate, Director of Personnel; John Moss, Utilities Director, Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; Ron Whisenand, Development Review Manager; John Mandeville, Long Range Planning Manager, Neil Havlik, Natural Resources Manager; Judith Lautner, Associate Planner, Tom Baasch, Chief Building Official Pres1. Mayor Settle presented a Proclamation to Ruth Wilhelm of the Education Department of EOC Health Services for Teen Pregnancy Prevention Month. PUBLIC COMMENT PERIOD PC1. Cheryl Hoffman. SLO, requested that Item C4 be pulled from the consent calendar for a discussion and vote. PC2. Pat Veesart. SLO, asked Council to consider placing a measure on a November ballot regarding various water proposals and appointing a water committee to craft the language of the measure. PC3. Luther Bertrando. Friends of the Adobes, stated that the Friends have a lot of community support and volunteers to help, but he has concerns over the Rodriguez Adobe and the City's commitment to restore it. PC4. Dean Miller, 678 Pasatiempo, stated that the City should be doing more to preserve the Rodriguez Adobe. He asked Council to budget funds to restore the adobe. PC5. Andrew Waag. SLO, spoke in support of participation in the construction of the Cal Poly Sports Complex. City Council Meeting Tuesday, April 15, 1997 - 7:00 p.m. Page 2 CONSENT AGENDA Mayor Settle noted that he has requests to pull items C4, C5 and C7 from the consent calendar I for separate consideration. Vice Mayor Roalman stated that he would be voting no on items C3 and C8. Moved by Smith /Romero to approve the Consent Agenda, Items C1, C2, C3, C6, C8, and C9 as recommended by the City Administrative Officer; motion carried. Council agreed to move items C4 and C5 to the end of the agenda. Council Member Williams stated that she does not concur with removing item C4 from the Consent Agenda. C7. Vice Mayor Roalman said that he cannot support the recommendation on item C7 to pay $16,950 to relocate the house at 860 Pacific Street. Public Works Director McCluskev explained that money that was budgeted for demolition was being used to move the building as a way to save the structure. Craig Anderson, Sierra Club, spoke in opposition, stating that this item is in violation of CEQUA . Moved by Romero/Williams to award sale of surplus City property; motion carried (4 -1, Roalman opposed). C1. MINUTES Council considered of the minutes of: Friday, March 14, 1997 a@ 2:30 p.m.; Tuesday, March 25,1997 @ 8:00 am.; Tuesday, March 25, 1997 @ 7:00 pm.; Tuesday, April 1, 1997 at 3: 00 p.m.; and Tuesday, April 1, 1997 @ 7:00 p.m. Moved by Smith /Romero to waive oral reading and approve minutes as amended; motion carried (5 -0). C2. ERNIE BALL ANNEXATION/PREZONING & GENERAL PLAN AMENDMENT (File No. 441) Council considered giving final passage to an ordinance concurring with the mitigated negative declaration of environmental impact and prezoning two parcels totaling 13.46 acres on the south side of Suburban Road to Manufacturing. Moved by Smith/Romero final passage to Ordinance No. 1320; motion carried (5 -0). C3. SPICE HUNTER/SONIC CABLE ANNEXAT10NIPREZONING & GENERAL PLAN AMENDMENT (File No. 441) Council considered giving final passage to an ordinance concurring with the mitigated negative declaration of environmental impact and prezoning two parcels totaling 14.44 acres between Tank Farris Road and Suburban Road at 180 and 190 Tank Farm Road to Manufacturing. Moved by Smith /Romero give final passage to Ordinance No. 1321; motion carried (4-1, Roalman I opposed). City Council Meeting Page 3 Tuesday, April 15,1997- 7:00 p.m. C4. PREFUMO CREEK HOMES File No. 441 Council considered giving final passage to an ordinance approving the prezoning of the developable portion of the 384-acre parcel at 1855 Prefumo Canyon Road as R4-S, Single -Family Residential with Special Consideration overlay zone, and the remainder as CF /OS -400, conservation Open Space with 400acre minimum parcel size. Moved by RomeroWilliams to give final passage to Ordinance No. 1322; motion carved (3 -2, Roalman, Settle opposed). C5. FIXED ROUTE TRANSIT SERVICES (File No. 97 -33) Council considered awarding a contract for "Fixed Route transit Services," Specification No. 97 -33 to Forsythe & Associates, Inc. Item was continued to April 17, 1997 at 7:00 p.m. C6. SUBURBAN ROAD ANNEXATION (File No. 441) Council considered ordering territory designated as LAFCo Annexation #44 annexed too the City. (Annx.17 -96). Moved by Smith/Romero to adopt Resolution No. 8660 ordering annexation; motion carried (5 -0). C7. SURPLUS PROPERTY (File No. 168) Council considered awarding sale of surplus City property at 860 Pack Street for removal to another site, to Keith Slocum at the sale price of one dollar, and authorize payment of $16,950 for relocation costs. Moved by RomeroWilliams to award sale of surplus City property; motion carved (4 -1, Roalman opposed). C8. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS (File No. 622) Council considered adjusting annual salary and other benefits of the City Administrative Officer and the City Attorney and establishing an executive plan under Section 401(a) of the Internal Revenue Code. Moved by Smith/Romero to adopt Resolution No. 8661 adjusting salary and benefits for the CAO, adopt Resolution No. 8662 adjusting salary and benefits for the City Attorney, and adopt Resolution No. 8666 establishing an executive plan; motion carried (4-1, Roalman opposed). C9. JENNIFER STREET BRIDGE (File No. 93 -04) Council considered of awarding a contract to Nick E. Pokrajac, Inc. in the amount of $1,067,216.76 for the "Jennifer Street Pedestrian/Bicycle Bridge," Specification No. 93-046. Moved by Smith /Romero to award contract; motion carved (5 -0). City Council Meeting Page 4 Tuesday, April 15, 1997- 7:00 p.m. COUNCIL LIAISON REPORTS CLR1. Council Member Williams reported on the last PCC meeting, saying that the PCC is concerned that statewide tourism levels are down. She reported that the Chamber Visitor Center has extended hours. She reported on the BIA Board meeting, saying that there have been problems on Broad Street on Thursday nights, but that increasing the street lighting has helped the situation. CLR2. Council Member Smith reported that there is an upcoming meeting of the HRC regarding issues surrounding the homeless shelter. CLR3. Council Member Romero announced May 1't is a National Day of Prayer. CAO Dunn recommended that Item C5 be continued to a date certain as there are additional issues which staff needs to address. Mayor Settle announced changes to the order of the agenda. Council agreed to continue Item CS and the Item 6, Council Goal Work Program, to Thursday, April 17, 1997 at 7:00 p.m. PUBLIC HEARINGS 1. APPEAL - SENIOR HOUSING AT 61 BROAD STREET (File No. 407) Council held a public hearing to consider appeals by Bill McLennan, Jan Scuri, Charlotte Moskiman, and Florence Tartaglia of a Planning Commission action approving a change in occupancy for the building at 61 Broad Street from unrestricted to senior housing, and allowing development of an assisted-care facility on the site of the existing parking lot adjacent to Broad Street.; Smith & 1 Company, applicant Develop Review Manager Whisenand presented an overview, and Associate Planner Lautner presented details surrounding the project and the appeals. She stated that the proposed building meets all R-4 standards, and that staffs recommendation is to adopt a resolution denying the appeals. Mayor Settle opened the public hearing. Bill McLennan. 706 Meinecke St., summarized concerns regarding the size of the building, setbacks, parking and traffic. He spoke about concerns regarding density if two people are allowed to live in each room. He asked Council to direct staff to further study the density and parking issues. Florence Tartactlia, 70 N. Broad St., agreed with the previous speaker's comments and stated that the size of the building must be addressed, as well as the proposed use. She asked that the height and size of the building blend with the neighborhood. Hamis Marshall, 555 Ramona Dr., applicant, stated that the project will provide a multi level care facility for the community. He stated that parking, architecture, setbacks, and density have been researched and mitigation has been incorporated into the project. Jack Whitter, 555 Ramona Dr., applicant, stated that the nature of the facility is to keep people as independent as possible, but to provide some assistance for residents. He provided statistics regarding parking for this type of facility. Patrick Smith, 555 Ramona Dr., applicant, stated that there is an overwhelming community need for this type of facility. If certain densities are not met, the units cannot be kept affordable. He said that there are currently 134 residents at the Village now. He noted that in the past up to 561 students lived on the property. City Council Meeting Page 5 Tuesday, April 15, 1997 - 7:00 p.m. Alec Paranides, Santa Barbara, applicant, stated that the'project fills a community need fora limited care facility. He said that lowering the density will only increase the cost of the units. Lloyd Dietrich, 55 Broad, Apt. 119, urged Council to deny the appeal, stating that it's important to have this type of facility in the community. He stated that the present owners have made significant improvements to the property since purchasing it. Jacob Feldman. 711 Murray, spoke in favor of the appellants, stating that the project is dramatically out of scale with the neighborhood and the parking in inadequate. Roberta Foster. 748 Meinecke, supported the appellants. Madelyn Rosner, 721 Murray St., spoke in support of the appeal. Dr. Steven Goodman, SLO, asked Council to deny the appeal, stating that the facility is needed in the community. He stated that the proposed project will provide a transition from independent living to assisted care. Mayor Settle closed the public hearing. Council Members discussed creek setbacks, parking and the architectural review process that has already taken place, as well as future ARC review. Moved by Roalman /Smith to allow conversion of the existing building, but'not approve the new building until the ARC has reviewed the project again, and continue the item until May 20,1997; motion carried (4-1, Williams opposed). ' 2. SEISMIC STRENGTHENING PROGRAM (File No. 707) Council held a public hearing to consider amending the administrative provision of the Uniform Code for Building Conservation (UCBC) to establish criteria as to when unreinforced masonry (URM) buildings must be strengthened and establishing several incentives designed to encourage owners of URM buildings to voluntarily strengthen their buildings. Chief Building Official Baasch presented the staff report, reviewing the history, and requirements for reinforcement of specific situations. He stated that studies indicate that increased safety results from reinforcement. He reviewed two levels of phasing for the unreinforced masonry program, and noted that by the year 2017 all URM buildings within the City will be strengthened to level B or demolished. Howard Carroll. Chairman of the Seismic Task Force, recommended that Council adopt the proposed program, stating that it is a compromise that has concurrence from the business community and meets the goals of the City Council. Mayor Settle opened the public hearing. Patrick Gerety, SLO, spoke in opposition to the program, saying it would be too expensive for property owners to comply, and this program does not protect peoples' health & safety for the next 20 years. Mayor Settle closed the public hearing. After discussion, moved by Smith /Romero to introduce Ordinance No. 1323 to print amending the administrative provisions of the UCBC, adopt Resolution No. 8663 establishing incentives to encourage building strengthening and providing economic assistance, and appropriate $250,000 from the General Fund unreserved fund balance to support the grant component of the incentive program; motion carried (5 -0). City Council Meeting Page 6 Tuesday, April 15, 1997 - 7:00 p.m. 5. SPECIAL ELECTION - SPORTS COMPLEX PARTICIPATION (File No. 324) Council considered calling a Special Municipal Election on November 4, 1997, to place an advisory ballot measure before the electors asking whether the City should participate financially in the proposed Cal Poly Sports Complex. Council agreed to limit speakers to two minutes each due to the number of speakers and the lateness of the hour. Mayor Settle opened the floor for public comment. Larry Voss, SLO, spoke in support of the sports facility, stating that the project meets a vital need for the community. He stated he is opposed to an advisory vote. Wendy Pvaer, 1544 Tanglewood, Chair of P &R Commission, affirmed the commission's whole- hearted support of the project and encouraged the council to make the decision without a vote. Mary Young, SLO, spoke in support of City Participation in the Cal Poly project, and urged the Council to make the decision now. Lloyd Dietrich, SLO, spoke in support of City participation in the Cal Poly project, and urged Council to decide the issue. Louis Verdugo, Jr., SLO, stated that the issue should be brought up for a vote of the citizenry. Steve Zoradi, SLO, presented a petition signed by 400 people in support of the partnership between Cal Poly and the City, and asked Council to decide the issue tonight, without an election. Bill Storm, 3057 S. Higuera, #96, asked Council to consider the future when they vote tonight. John Soatafore, 1303 Garden Street, spoke in support of City participation in the Cal Poly Sports Complex and asked Council to make the decision, not take it to a vote. Hal Segal, stated that he is interested in locating a place where the City can build their own fields. He spoke in opposition to participation by the City in the Cal Poly project. Steve McShane, SLO, spoke in support of the project, and urged Council to make the decision tonight and not put it off until November. Dan Schultze, SLO, spoke in support of City participation in the Sports Complex project, stating that this is a small investment for the amount of return. Michael Seitz, SLO, spoke in support of City participation in the Sports Complex project and urged Council to decide the issue without placing it on the ballot. Rick Crocker, 6 Chuparrosa Dr., spoke in support of City participation in the Cal Poly project, and urged Council to decide the issue without calling an election. Helen King, SLO, spoke in support of City participation in the Cal Poly project, and urged Council to decide the issue. Richard Kiet, Bishop's Peak Resident, spoke in support of City participation, and urged Council to decide the issue without bringing. Bill Thoma. SLO, stated for the record that he is donating his time for this project and would not make a profit from it. He spoke in support of City participation, saying that it makes sense for City Council Meeting Page 7 Tuesday, April 15, 1997 - 7:00 p.m. public agencies to share resources. He asked Council to make the decision without bringing it to a vote. Steven Jobst, SLO, spoke in support of the project, stating that there is also a need among the adults for these fields. He stated that this is similar to the PAC partnership and urged Council to decide the issue now. Karen Becker, Cal Poly Graduate, SLO resident, spoke in opposition to participation in the Cal Poly project, and spoke in support of bringing the item to a public vote. Sally Stoner, 755 Azalea Court, spoke in support of City participation in the Cal Poly project, and urged Council to take a leadership position and make the decision tonight. Jean Usilton, 259 N. Tassajara, spoke in support of City participation in the project, and urged Council to make the decision, and not postpone it for a November vote. Rollie McCormick, SLO, spoke in support of City participation in the Cal Poly project, and in opposition to placing the issue on a ballot measure. John Ewan, SLO, spoke in support of City participation in the Cal Poly project, and urged the Council to make the decision. He noted that bus service is already in place for that location. Phil Ashley, SLO, spoke in opposition to City participation in the project, and asked Council to locate land on which to build their own fields. LaVeme Schneider, 1356 Marsh, spoke in opposition to locating a sports complex at Cal Poly; she asked Council to place the issue on the ballot. Carla Sanders, SLO, spoke in opposition to City participation in the project, and asked Council to call an election to decide the matter. David Garth. 2046 San Luis Drive, Chamber of Commerce President, spoke in favor of City participation in the Cal Poly project. Bruce Bennett . SLO, stated that though he is in favor of sports, he does not support City participation in the Cal Poly Sports Complex, as he does not believe the City will benefit adequately to justify the expense. He urged Council to build facilities within the City limits. Penny Raaoa, SLO, spoke in support of participation in the Cal Poly project, and stated that other City facilities have all been achieved through partnerships and donations; she urged Council to make the decision. Frank Lebens, Cal Poly, stated that he regrets the impression his letter has left with some, stating that Cal Poly is already on a tight time schedule, and that he thought that Cal Poly had clarified their time frames to the City Council. He stated that Cal Poly has been developing a plan consistent with the June date given to them by the City, and that delaying until November will cause further delays due to winter weather. He said it is necessary to have some sense of the scope of the project now so they can move forward with the design. At the request of the Council Bob Kitamura, Director of Facilities Planning at Cal Poly, clarified an issue regarding contracts signed for a road realignment. Council Member Roalman asked for clarification regarding the delay. FL stated that there is a time limit on part of the funding and added costs due to the bond financing. Vice Mayor Roalman asked if calling an election would preclude City participation FL stated it would due to the time schedules. Vice Mayor Roalman asked if phasing were an option and how it would effect the design costs. FL said that phasing will add a cost. City Council Meeting Tuesday, April 15, 1997 - 7:00 p.m. Page 8 Todd Murphy, Santa Clara Street, spoke in support of participation, and asked Council to decide the issue without placing it on the ballot. 1 Lance Parker, SLO, asked Council to make the decision, stating that is what they were elected to do. Mark Brazil, SLO, spoke in opposition to placing the issue on a ballot, and stated that sports fields are needed. Beth James, SLO, spoke in support of City participation in the sports complex project, and spoke in opposition to placing the issue on the ballot. Gary Cullev, SLO, spoke in support of City participation in the Sports Complex project, and spoke in opposition to placing the issue on the ballot. Mayor Settle returned discussion to the Council. After discussion, moved by Williams /Romero to receive information, direct staff not to pursue a November advisory election; motion carved (5 -0). Moved by Smith/Williams to support the work program with the exception of the tourism dollars funding; motion carried (5 -0) . Moved by Smith/Williams to direct staff to take the issue of the allocation of tourism dollars back to the PCC for further analysis and a recommendation to Council; motion carried (4 -1, Roalman opposed) 3. APPEAL - CARL'S JR. - 290 MADONNA ROAD (File No. 407) Council held a public hearing to consider an appeal by Peter Simmons of Urban Planning Concepts, Inc. of an Architectural Review Commission denial of a request to revise the colors for the existing Carl's Jr. located at 290 Madonna Road; Carl Karcher Enterprises, Inc., applicant Development Review Manager Whisenand presented the staff report, giving the reasons that the ARC took the action. Mayor Settle opened the public hearing. Peter Simmons, Urban Planning Concepts, presented a proposal for a color change to the building on Madonna Road. He said that the existing building does not fit in with other surrounding commercial development in the area. Wade Goding, Project Manager, stated that the inside of the building has been remodeled and the exterior needs to be updated to give the building a more modem look from the road. Mayor Settle closed the public hearing. After discussion, moved by Roalman /Smith to adopt Resolution No. 8664 denying the appeal; motion carried (3 -2, Williams, Romero opposed). 4. WATER TRANSMISSION MAIN REPLACEMENT (File No. 96-05) Council held a public hearing to consider approving a Mitigated Negative Declaration for the Water Transmission Main Replacement, California Blvd. to Reservoir No. 2, Specification No. 96-35. Public Works Director McCloskey presented the staff report. City Council Meeting Page 9 Tuesday, April 15, 1997- 7:00 p.m. Mayor Settle opened the public hearing, and having no requests to speak, closed the public hearing. After discussion, moved by Williams /Romero to adopt Resolution No. 8665 approving the Mitigated Negative Declaration; motion carved (5 -0). C4. PREFUMO CREEK HOMES (File No. 441) Council considered giving final passage to an ordinance approving the prezoning of the developable portion of the 384-acre parcel at 1855 Prefumo Canyon Road as R-1-S, Single - Family Residential with Special Consideration overlay zone, and the remainder as CF /OS -000, conservation Open Space with 400 -acre minimum parcel size. Mayor Settle noted that he had a speaker slip from Christine Mulholland, but she was no longer in the audience. Moved by Romero/Williams to give final passage to Ordinance No. 1322; motion carried (3 -2, Roalman, Settle opposed). Moved by Roalman /Smith to continue Item C5 and Item 6 to Thursday at 7:00 p.m.; motion carried (5-0). COMMUNICATIONS COMM1. John Dunn, City Administrative Officer, asked for clarification regarding whether Council planned to discuss conduit financing for Vista Hospital at their May 6"' meeting. Council gave direction to staff to include the item on that agenda. BUSINESS ITEMS (GEOGRAPHIC INFORMATION SYSTEM UPDATE STUDY SESSION WAS DELETED AND WILL BE CONSIDERED AT A FUTURE MEETING.) 6. GOAL WORK PROGRAMS FOR 1997 -99 (File No. 233) Council considered review and approval of Council goal work programs for 1997 -99. (Continued from 418/97.) Moved by Roalman /Smith to continue the item until April 17,1997; motion carved (5 -0). There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 12:10 a.m. to Thursday, April 17, 1997 at 7:00 p.m. in the Council Chamber, 990 _Palm Street, San Luis Obispo. 1 APPROVED BY COUNCIL: 5/6197 BG:dr Bo nie L. Gawf ity Jerk