HomeMy WebLinkAbout03/17/19981
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CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 17,1998- 6:30 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor
Kathy Smith, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer; Ann Slate, Personnel
Director; John Moss, Director of Utilities; Mike McCluskey, Public Works
Director; Cindy Clemens, Assistant City Attorney
City Council held a closed session to discuss the following issue:
CONFERENCE WITH LEGAL COUNSEL - Existing. Litigation. Dillingham v. City of San Luis Obispo -
Pursuant to Govemment Code Section 54956.9.
CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8
Property: 610 Monterey St.
Negotiating Parties: City of San Luis Obispo: Mike McCluskey
Property Owner Representatives: Allan Real Estate Investments
Negotiation: Whether toacquire.
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber, where
a public report of the action taken in closed session was to be given.
APPROVED BY COUNCIL:
BLG:dr
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 17,1998 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice
Mayor Kathy Smith, and Mayor Allen K. Settle
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 Statler, Finance Director, Jim Gardiner, Police Chief;
Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike
McCluskey, Public Works Director; Paul LeSage, Parks and
Recreation Director; Wendy George, Assistant to the CAO; Linda
Fitzgerald, Recreation 'Director; John Mandeville, Long Term
Planning Manager; Al Cabiay, Public Works Manager; Deborah
Holley, BIA Administrator; Ron Whisenand, Development Review
Manager, Glenn Matteson.
PUBLIC COMMENT
None.
CONSENT AGENDA
Council Member Williams asked to remove item C9 from the consent calendar, and Council
Member Romero asked to comment on items C10 and C13.
Moved by RomeroWilliams to approve the consent agenda as recommended by the CAO,
except items C9, C10 and C13; motion carried (5 -0)
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, March 3, 1998 at 6:30 p.m.;
Tuesday, March 3, 1998, at 7:00 p.m.; and
Thursday, March 5, 1998 at 11:30 a.m. .
Moved by RomeroWilliams to waive oral reading and approve minutes as amended; motion
carried (5 -0).
C2. UTILITY TRENCH REPAIR PROJECT (File No. 98 -01)
Council considered plans and specifications for "Utility Trench Repair Project," 1
Specification No. 98 -01, total estimated project cost of $69,905.
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Tuesday, March 17,1998 - 4:00 p.m.
Moved by Romero/Williams to approve plans and specifications, authorize staff to advertise
' for bids, and authorize the City Administrative Officer to award contract to the lowest
responsible bid within the budget; motion carried (5 -0).
C3. WATER & SEWERMAIN IMPROVEMENT PROJECT (File No. 98 -75)
Council considered plans and specifications for "Water and Sewermain Improvement
Project: Morro - Peach to Walnut, Walnut - Morro To Chorro," Specification No. 098 -75,
engineer's estimate: Waterline - $70,400 including contingencies; Sewerline - $41,200
including contingencies.
Moved by RomeroWitliams to approve plans and specifications, authorize staff to advertise
for bids, and authorize the City Administrative Officer to award contract if the lowest
responsible bid is within the engineer's estimate; motion carried (5 -0).
C4. FINAL ACCEPTANCE -TRACT 2100 (File No. 410)
Council considered accepting the public improvements for Tract 2100 and Minor
Subdivision 92 -127, a 13 residential lots development on Poinsettia Street north of Tank
Farm Road; Priske -Jones Ventures/Poinsettia, LLC, subdivider.
Moved by RomerolWilliams to adopt Resolution No. 8771 accepting public improvements;
motion carried (5 -0).
C5. FINAL ACCEPTANCE - TRACT 2132 (File No. 410)
' Council considered final acceptance of public improvements for Tract 2132, a 46 -lot
residential subdivision at the southwest corner of Southwood Drive and Laurel Lane;
Richard Loughead, subdivider.
Moved by RomeroWilliams to adopt Resolution No. 8772 accepting improvements and
withhold $2000 from the Faithful Performance surety to guarantee payment to the engineer
for all monumentation costs; motion carried (5 -0).
C6. PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS
(File No. 1051)
Council considered approving the Promotional Coordinating Committee's (PCC)
recommendation to allocate Enhanced Promotional Funds as follows: 1) $7,000 for
promotion of the Business Improvement Association's (BIA) Farmer's Market 1V
Anniversary Celebration, and 2) $1,400 for promotion and marketing of the BIA's "How to
Have a Farmers' Market in your Town" video.
Moved by Romero/Williams to approve the PCC's recommendation; motion carried (5 -0).
C7. BIA BY -LAWS AMENDMENTS (File No. 471)
Council considered amending the BIA by -laws to include more accurate committee listings,
name change, date changes, officer's titles and administrative duties.
Moved by Romero/Williams to adopt Resolution No. 8773 approving amended by -laws;
' motion carried (5 -0).
City Council Meeting
Tuesday, March 17, 1998 - 4:00 p.m.
Page 3
C8. BANNER & FLAG POLICIES A PROCEDURES (File No. 805)
Council considered modifications to the banner policy to create a separate section relating '
specifically to flags, and changes reflecting the move of administrative responsibility from
the Public Works Department to the Parks and Recreation Department.
Moved by Romero/Williams to adopt Resolution No. 8774 amending Banner and Flag
Policies and Procedures; motion carried (5 -0).
C9. SKATEPARK PROGRAM EXPANSION (File No. 812)
Council discussed the possibility of sharing the costs with the YMCA and asked staff to
bring it back during the upcoming budget process.
Council considered the expansion of the Santa Rosa Multi -Use Court area to include an
additional concrete slab, fencing and construction of a new storage building with the use of
volunteer labor and donations for the purpose of expanding the City's SkatePark program.
Moved by Williams/Romero to authorize expansion of Skate Park program, with direction to
staff to return to Council during the budget process for consideration of cost sharing;
motion carried (5-0).
C10. PENNINGTON CREEK ENHANCEMENT (File No. 517)
Council considered plans and specifications, and grant application, for "Pennington Creek
Riparian Enhancement."
At Council request, clarification was given that the entire cost is to be borne by San Luis
Obispo, because the other agencies' permits are not up yet.
Moved by Smith /Roalman to 1) allocate an additional $25,000 from fund balance for
completion of the Pennington Creek Enhancement Project for a total project budget of
$150,000; 2) approve plans and specifications, authorize solicitation of bids, and authorize
the CAO to award the contract if the low bid is within the engineer's cost estimate; and, 3)
approve application to the State Department of Fish and Game for grant funding for this
project and authorize the CAO to execute the associated grant agreements and property
access agreements; motion carried (5 -0).
C11. OPEN SPACE ORDINANCE (File No. 487)
Council considered giving final passage to an ordinance governing the public use of open
space lands of the City. (Continued from 3/3198.)
Moved by Romero/Williams to give final passage to Ordinance No. 1332; motion carried (5-
0).
C12. CAMPAIGN ELECTION REGULATIONS (File No. 323)
Council considered giving final passage to an ordinance updating the City's Election
Campaign Regulations. (Continued from 313/98.)
Moved by Romero/Williams to give final passage to Ordinance No. 1333; motion carried (5-
0).
City Council Meeting Page 4
Tuesday, March 17, 1998 - 4:00 p.m.
C13. MID - HIGUERA DISTRICT ENHANCEMENT (File No. 536)
' Council considered the Mid - Higuera District Enhancement Plan.
Moved by Williams /Romero to 1) approve Enhancement Plan workscope, as amended to
add language on page C13-6, #5 regarding "... enhancing the creek and adding flood
protection" and add "flood protection" on page C13 -7, and to include the mobile home
park as an alternate; 2) authorize staff to solicit consultant proposals; and 3) authorize the
CAO to contract for consultant services costing up to $65,000; motion carried (5 -0).
Al. BIA BOARD OF DIRECTORS (File No. 123)
Council considered approving the appointment of re- elected /newly elected Business
Improvement Association Board of Directors with terms expiring March 31, 1998 (six total).
Moved by Romero/Williams to approve the re- election of Mike Stanton, and Brett Weaver to
two -year terms, and the election of Doug Shaw, Joe DiLucia, Paul Brown, and Bob Schinkel
to two -year terms ending March 31, 2000; motion carried (5 -0).
A2. PLANNING COMMISSION (File No. 123)
Council considered two appointments to the Planning Commission to vacancies occurring
on March 31,1998.
' After discussion, moved by Romero/Williams to appoint Penny Rappa to a four -year term
expiring 3/3112002; motion failed (2 -0, Roalman, Smith, Settle voting no).
Moved by Smith/Roalman to appoint Jan Howell Marx to a four -year term expiring 313112002,
and reappoint Paul Ready to a four -year term expiring 3131/2002; motion carried (3 -2,
Williams, Romero voting no).
A3. PROMOTIONAL COORDINATING COMMITTEE (File No. 123)
Council considered two appointments to the Promotional Coordinating Committee for
vacancies occurring on March 31,1998.
Moved by Roalman /Smith to reappoint Sandy Baer to a four -year term expiring 3/31/2002,
and appoint Mitch Massey to a four -year term expiring 313112002; motion carried (5 -0).
A4. PARKS & RECREATION COMMISSION (File No. 123)
Council considered an appointment to the Parks & Recreation Commission to fill a vacancy
occurring 3/31/1998.
Moved by Williams /Romero to appoint Peter Dunan to a four year term ending on 3/31/2002,
and thank Joe Kourakis for his service; motion carried (5 -0).
A5. PERSONNEL BOARD (File No. 123)
' Council considered an appointment to the Personnel Board to fill a vacancy occurring
3131/1998.
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Tuesday, March 17,1998 - 4:00 p.m.
Moved by Williams/Smith to reappoint Marcy Villa to a four year term ending 3/31/2002, and
appoint Michael Harkness to three year term ending 3/31/2001,and thank Dann Torrance for
his service to the board; motion carried (5 -0).
A6. BICYCLE ADVISORY COMMITTEE (File No. 123)
Council considered appointments to the Bicycle Advisory Committee to fill three vacancies
occurring on March 31,1998.
Moved by Roalman/Romero to reappoint Bruce Collier and Wes Conner to four -year terms
ending 3/3112002, appoint Tim Valentine to a two -year term ending 3/31/2000, and thank
Cynthia Boche for her service; motion carried (5 -0).
A7. HUMAN RELATIONS COMMISSION (File No. 123)
Council considered reappointing two members of the Human Relationship Commission.
Moved by SmithlWilliams to reappoint Bill Tyson to a four -year term expiring on 3/3112002,
and reappoint Joan Lawrence to a one -year term expiring 3131199; motion carried (5 -0).
COUNCIL LIAISON REPORTS
CLR1. 'Mavor Settle reported that the Mayor's Youth Task Force is the recipient of a $10,000
grant for First Night activities, and he thanked Paul LeSage for his work with that committee.
CLR2. Council Member Romero reported on a study by SLORTA to examine the consolidation
of the transit systems within the County. He also reported on the installation of 120 call boxes
along Highways 101, 1, 46 and 41 by SLOCOG, and stated that the contract will allow these
call boxes to be converted to provide full accessibility to the hearing and speech impaired.
Council Member Romero reminded Council of the Channel Counties Division Meeting on
Friday where Senator Jack O'Connell will be the speaker. He further reported that the Citizens
Advisory Committee for the Men's Colony was briefed by the warden about ongoing
investigations regarding prison operations.
CLR3. Council Member Roalman gave an update on a study by the Housing Task Force of on
campus housing. He stated that the study will help determine whether Cal Poly will move
forward with additional on campus housing. He said RQN is suggesting on campus housing
for faculty members.
BUSINESS ITEMS
1. AMTRAK/MULTI -MODAL TRANSFER CENTER (MMTC) SITE
(File No. 537)
Council considered approving the Mitigated Negative Declaration of Environmental Impact
for property acquisition and development of the Multi -Modal Transit Transfer Center and
public parking facility located at 1940 Santa Barbara Street and approving the conceptual
layout of the MMTC.
Public Works Director McCluskev presented the staff report. Public Works Manager Cablav
presented the findings of the environmental study.
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Tuesday, March 17, 1998 - 4:00 p.m.
Associate Planner Hook addressed Council's questions regarding noise issues.
1 Mayor Settle opened the meeting for public comment.
Brad LaRose. Chair of the Railroad Museum Committee, stated that his group's goal is to
establish an operating railroad museum, as well as restoration of the Railroad freight
warehouse, and restoration of rolling stock. He said this would provide for preservation of
historic resources and provide historic education for children. He said it will enhance the
value of the City's property and create a unique attraction to the City. He asked for Council's
approval for the committee to work with staff to integrate the ideas for a museum into the
MMTC.
Bill Pype r Secretary of the SLO Railroad Museum, agreed with the previous speaker and
suggested that his group could work toward obtaining grants for the museum and the
improvement of the area.
Steve Devencenzi. SLOCOG staff, spoke regarding mitigation #4, and asked Council to
recognize that the dual glazed windows won't be needed until the transfer site is relocated to
the area; he asked that the "bus avenue" be removed from the concept and parking be
extended into the area.
Mayor Settle returned discussion to the Council.
Council agreed by consensus with the concept of working with the Railroad Museum to
promote consistency between that and the MMTC and the Railroad District Master Plan.
' After discussion, moved by Williams /Smith to adopt Resolution No. 8775 approving
Mitigated Negative Declaration and give conceptual approval to MMTC layout, including a
signal at Upham or High Street, depending on the design, and asked staff to bring back a firm
recommendation; motion carried (5 -0).
2. COUNCIL COMPENSATION (File No. 313)
Council considered modifications to the current compensation package for the two -year
period, January, 1999 through December, 2001.
City Clerk Gawf presented the staff report. Vice Chair Rademaker and Chair Raoaa gave
presentations, explaining that the Committee strongly recommends the proposed raises in
base compensation for the Mayor and Council Members.
Mayor Settle opened the meeting for public comment, and having no requests to speak,
returned discussion to the Council.
After discussion, moved by Smith to adopt a resolution revising the Mayor and City Council
Compensation Plan as recommended; motion died for lack of a second
Moved by Williams /Roalman to amend the resolution to keep compensation at the current
level, and adopt Resolution No 8776 revising the Mayor and City Council compensation
Plan; motion carried (5-0).
' 3. BUSINESS IMPROVEMENT ASSOCIATION NAME CHANGE (File No. 471)
Council considered amending Chapter 12.36 of the San Luis Obispo Downtown Parking and
Business Improvement Area ordinance, adding Section 12.36.080C to change the name
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Tuesday, March 17, 1998 - 4:00 p.m.
from the San Luis Obispo Downtown Business Improvement Association to the San Luis
Obispo Downtown Association. 1
BIA Administrator Holley presented the staff report.
Mayor Settle opened the meeting for public comment, and having no requests to speak,
returned discussion to the Council.
Moved by Roalmanlilliams to introduce Ordinance No. 1334 to print amending Chapter
12.30 of the SLO Municipal Code to approve the name change; motion carried (5 -0).
COMMUNICATIONS
There were no communications.
Mayor Settle recessed the meeting at 5:45 p.m., and convened in closed session at 6:30 p.m.,
as scheduled.
After the conclusion of the closed session, Mayor Settle called the regular meeting to order at
7:00 p.m.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen announced that Council held closed sessions regarding
1) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation. Dillingham v. City of San Luis
Obispo - Pursuant to Government Code Section 54956.9; and
2) CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8; Property: 610 Monterey St.
Pres1. Downtown Association Administrator Holley introduced Marshall Ochvlski who gave
a brief history of the Annual BIA Beautification awards. The City Council presented
the awards.
Pres2. Mayor Settle presented a proclamation to Betsy Dejamet declaring April 4, 1998 as
the "Day of the Child," and April,1998,as "Month of the Child."
Pres3. Mayor Settle presented a proclamation recognizing Eagle Scout Christopher
Thomas Sunderland.
PUBLIC HEARINGS
4. PUBLIC NUISANCE ABATEMENT - 663 CHURCH STREET (File No. 722)
Council held a public hearing to consider to declare a public nuisance exists at 663 Church
Street and ordering the abatement of same. (Continued from 213198.)
Fire Chief Neumann presented the staff report, showing aerial photos depicting the current
state of the property.
Mayor Settle opened the public hearing, and having no requests to speak, closed the public
hearing.
City Council Meeting Page 8
Tuesday, March 17, 1998 - 4:00 p.m.
' After discussion, moved by Smith /Romero to adopt Resolution No. 8777 declaring a
nuisance and ordering abatement; motion carried (5 -0).
5. APPEAL - USE PERMIT FOR FRATERNITY - FOOTHILL BOULEVARD (File No. 407)
Council held a public hearing to consider an appeal by Phi Sigma Zeta House Corp. of
Lambda Chi Alpha of a Planning Commission action denying a use permit to establish a
fraternity, and allow a reduced street yard setback from 15 feet to 10 feet to accommodate
on-site parking, for property located on the north side of Foothill Boulevard between
Carpenter Street and Crandall Way, (1292 Foothill Blvd.); Elaine Simer, applicant.
Community Development Director Jonas presented the staff report.
Mayor Settle opened the public hearing.
Ilona Ina, 204 Casa, spoke in favor of the fraternity locating near her neighborhood, on
Foothill Boulevard.
Kevin Hauber, appellant, asked Council to approve the use permit. He stated that there are
no large scale events planned for the location.
Mike Evdell, 1617 Santa Rosa, stated that relocation of the fraternity nearer to Cal Poly
would reduce parking problems, and that they have a good relationship with their
neighbors at the current location. He said there is no intent to have large scale events at
the Foothill location.
' Paul Brown, SLO, stated that the fraternity maintains their current property well and would
be a good neighbor at the new location.
Dan Fulmer, 195 Hathaway, asked Council to make a master plan for the Foothill area. He
said that he. was initially opposed to the relocation of the fraternity, but that as long as there
are rules imposed and enforced he thinks it should be allowed.
Doreen Case. Albert Drive, agreed with the previous speaker, but said that the current level
of enforcement would not be adequate. She asked Council to encourage Cal Poly
Foundation to purchase residential properties in the Foothill area for faculty housing.
Paula Carr. SLO, spoke in opposition to allowing the use permit for a fraternity, saying that
there are already too many in the area.
Opal Rich, 189 Carpenter Street, said that she objects to having another fraternity locate in
the neighborhood because of the noise, traffic and crowds.
Paul Tavlor, 1061 Islay Street, stated that he lives next to the fraternity's existing location,
and that they have been very good neighbors.
Wolf-gang Gartner, 1635 Santa Rosa St., spoke in opposition to relocating the fraternity,
stating that the fraternities should be integrated into the community, not segregated in one
area.
Elaine Simmer, 1292 Foothill, stated that she has not experienced any of the problems with
fraternities in the area that some of the other neighbors have described.
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Tuesday, March 17, 1998 - 4:00 p.m.
Tom Kay, 369 Chapman, stated that the City should work to establish high density zones
near Cal Poly where fraternities can be located, but should also consider the space needs
of fraternity houses. He said a Council Member should be nominated to participate on the
Cal Poly campus planning committee.
Eleanor Bonin, 272 Del Mar Court, stated that the fraternity should remain where it is.
Dan Geis. ASI, stated that the Cal Poly Student Board of Directors passed a resolution
recognizing that fraternity and sorority houses should be located near the campus in high
density areas. He clarified that it is a CSU policy that no fraternity or sorority can be
located on campus.
Martha Stuart, 1050 Islay Street, spoke in support of the relocation of the fraternity. She
said they have been good neighbors.
Mayor Settle closed the public hearing.
After discussion, moved by Smith /Romero to adopt Resolution No. 8778 ( "A "), upholding
the appeal, and approving the use permit, based on findings, and with conditions and code
requirements; motion carried (5-0).
6. APPEAL - USE PERMIT FOR HOSTEL - SANTA ROSA ST. (File No. 407)
Council held a public hearing to consider an appeal by Wolfgang and Susanne Gartner of a
Planning Commission action approving a use permit to allow a hostel to be established in
the R-3 -H zone on property located on the west side of Santa Rosa Street, between Islay
and Leff Streets (1617 Santa Rosa); Elaine Simer, applicant.
Community Development Director Jonas presented the staff report.
Mayor Settle opened the public hearing.
Wolfgang Gartner, 1635 Santa Rosa, appellant, spoke in opposition to the relocation of the
hostel to Santa Rosa Street. He said that a hostel should not be allowed in residential
neighborhoods.
Ricki Baird, 1627 Santa Rosa, spoke in favor of the relocation of the hostel.
Sterlinq McBride, 1633 Santa Rosa, spoke in favor of the relocation of the hostel.
Elaine Simer, applicant, asked Council to pay attention to the land use issues and deny the
appeal.
Debbie Briesactor, 1036 Leff Street, spoke in opposition to the location of a hostel in that
location on Santa Rosa Street.
Jannie Taylor, 1061 Islay, spoke in support of the relocation of the hostel.
Bill McLennan, stated that he is concerned about • the preservation of historic
neighborhoods. He said that a hostel housing twenty people will violate the density
requirement. 1
Gaudlitz, Weimar, Germany, hostel guest, spoke in favor of the proposed move.
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Tuesday, March 17, 1998 - 4:00 p.m. , :;, , , _
Dr. Al Orcutt stated that he has stayed in hostels, and supports the proposed relocation.
Anne Wyatt Cambria, spoke in favor of the relocation of the hostel. t
Tom Parks. 1068 Pacific St., spoke in support of the relocation of the hostel. He pointed out
that the hostel is closed during the day, so parking should not be a problem.
Donald Chivens, SLO, spoke in support of the relocation of the hostel.
Peter Pitkianen, St. Petersburg, Russia, said he has stayed in the hostel, and spoke in favor
of the relocation.
Franziska Krieck, Germany, spoke in favor of the relocation of the hostel.
Saro Rio, 1020 Railroad Avenue, spoke in opposition to the relocation of the hostel. He
said he is uncomfortable with having the fraternity issue addressed in connection with the
hostel relocation.
Richard Kranzdorf, SLO, stated that the quality of the hostel residents is not an issue,
rather it is one of land use.
Craig Anderson, 1052 Islay Street, stated that he and his neighbors would welcome the
relocation of the hostel.
Jeff Briesactor, 1036 Leff, spoke in opposition to the relocation of the hostel because of the
increased density..
Dennis Rizzo, stated that the proposed location is not a good one for a hostel.
Paul Taylor, spoke in favor of the relocation of the hostel. He said parking is not a major
problem.
Mark Johnson, 1265 Buchon, spoke in opposition to the relocation of the hostel. He said he
would like to see the home become a single family residence.
Ira Winn, SLO, spoke in favor of the relocation of the hostel.
Wolfgang Gartner stated that he did not coerce anyone to sign the petition.
Mayor Settle closed the public hearing.
City Attorney Jorgensen clarified that density regulations do not apply, and Council may
set occupancy for this type of use. Community Development Director Jonas stated that the
location does meet the parking requirements for a hostel.
After discussion, moved by Roalman/Williams to adopt Resolution No. 8779 ( "A "), with the
added condition 98, denying the appeal, and upholding the Planning Commission's action
to approve the use permit, based on findings, and with conditions and code requirements;
motion carried (5 -0).
Mayor Settle called a recess at 9:40 p.m., then reconvened the meeting at 9:50 p.m.
City Council Meeting
Tuesday, March 17, 1998 - 4:00 p.m.
Page 11
7. GENERAL PLAN AMENDMENT - 2238 BROAD STREET (File No. 463)
Council held a public hearing to consider a General Plan Amendment, zone reclassification
and use permit to allow a 51,707 square foot neighborhood commercial center at 2238
Broad Street between Santa Barbara and Alphonso Streets and, an appeal of the project's
environmental determination.
Community Development Director Jonas introduced the item. Development Review
Manager Whisenand presented the staff report.
Mayor Settle opened the public hearing.
Scott Thayer, applicant, gave a presentation, including a marketing study. He stated that
there is a need for a grocery store in the area, and Albertson's will fill that need.
Rob Strong, 444 Higuera St., Suite 201, spoke in opposition to the project, stating that it
would not be an appropriate use.
Randy Poltl, 655 Islay Street, spoke in opposition to the project, stating that the traffic
impacts will be too great He said that the addition of a grocery store will impact the
business of existing markets.
Rich Domanski, Thompson Associates, San Ramon Ca., stated that there will be a
significant impact on existing grocery stores if the project goes forward.
Joe Scolari. Templeton, spoke in opposition to the project.
Ilona Ing, 204 Casa, spoke in opposition to the project, stating that it will impact the
neighborhood.
Al Cooper, 300 Grand Ave., spoke in support of the project.
Ira Winn, SLO, stated that the project is more pedestrian oriented than the other new
markets. He recommended adding more pedestrian friendly amenities.
Peg Pinard, SLO, spoke in opposition to the project. She stated that there needs to be a
Bishop Street extension if a market of that scale is located there.
Dan Lloyd, EDA, stated that the people in that location are already driving to markets in
other areas of the community, and the proposed project will keep them from having to drive
out of the neighborhood.
Richard Kranzdorf. SLO, said that Council must answer the question, "How much is
enough ?"
Carol Pruett. Mid State Bank, stated that this center is an in -fill project, and the owners were
planning this project at the direction of the City Council many years ago.
Scott Thaver stated that the current site is contaminated, and that they will clean up the site
before putting the project in. He stated that traffic issues that already exist will be
mitigated when the project goes in.
Rob Strong, asked Council to deny the project
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Tuesday, March 17,1998 - 4:00 p.m.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman /Smith to adopt Resolution No. 8780 denying the
General Plan Amendment because of traffic issues and inconsistency with land use issues;
motion carried (3-2, Romero, Williams voting no).
8. GENERAL PLAN AMENDMENT - PRIVATE INDUSTRY COUNCIL - (File No. 463)
Council held a public hearing to consider an appeal by the Private Industry Council of the
Planning Commission's denial of a General Plan Land Use text amendment to expand the
social services node of the City's "tri-polar policy" to include properties located west of
South Higuera and south of Prado Road.
Community Development Director Jonas presented the staff report.
Mayor Settle opened the public hearing.
Lee Ferrero, PIC, asked Council to determine that PIC is not a government agency and not
change the boundaries. He noted that he is in support of granting some relief to the
requirements on the Walters Building.
Andrew Merriam. Cannon Associates, stated that the proposal is to relocate staff, not to
increase the clientele. He asked Council to make the findings that this is an accessory use,
that space and clientele is not increasing significantly.
Dave Cox, 270 Foothill Blvd., Chair of the PIC, stated that the board is strongly committed
1 to creating a one stop career center to streamline the job service process. He clarified that
only the job counselors are moving, not the entire EDD.
Richard Loomis. Service Corps of Retired Executives (SCORE), stated that his agency
works well with PIC. He asked the Council to help them continue.
Beth Schneider, County Government Center, stated that welfare reform has created a need
for a one stop career center. She asked for Council's assistance in making that happen.
She said that there is a need to partner with the community.
Bill Storrs. 3057 S. Higuera, #96, endorsed the one stop career center.
Bill Luffer, PIC, stated that they are a quasi - public private entity. He asked Council to add a
variance to the existing site.
Shelly Stanwvck, Chamber of Commerce, spoke in support of the PIC. She said the
Chamber would like to see the PIC remain in the City.
Bruce Frazer, Walter Brothers Construction Company, said the item must be dealt with as a
general plan issue. He said that the General Plan Amendment is not the best way to handle
the problem.
Carolyn Waterson, owner of an adjacent building, stated that PIC impacts parking on her
lots, creating a stressful situation.
' Andrew Merriam stated that parking requirements will be met without depending on the
neighboring lot.
City Council Meeting
Tuesday, March 17,1998 - 4:00 p.m.
Page 13
Mayor Settle closed the public hearing.
After discussion, moved by Roalman /Smith to adopt Resolution No. 8781 ( "A ") denying the ,
appeal and upholding the Planning Commission's action, with the following finding: that
because of the unique program provided by the PIC, the proposed use of a one -stop career
center in conjunction with the State of California EDD (provided it does not exceed a ratio of
60% PIC employees and 40% other agency employees) is a minor, incidental, ancillary
function of PIC in carrying out its primary mission, and is therefore consistent with the tri-
polar policy, and is a permitted use in the zone upon approval of a use permit; motion
carried (5 -0).
9. GENERAL PLAN LAND USE ELEMENT AMENDMENT - MAINO OPEN
SPACE (File No. 463)
Council held a public hearing to consider proposed amendments of the General Plan Land
Use element map and text to reflect the City's recent open space acquisition on San Luis
Mountain, west of the Highway 101 -Marsh Street interchange ( Maino Family property).
Mayor Settle opened the public hearing, and having no requests to speak, closed the public
hearing.
After discussion, moved by Romero /Smith to conceptually approve adoption of a resolution
to: 1) change the Land Use element map designation from Interim Open Space to Open
Space, and move the urban reserve line and the special design area boundary at the Maino
open space acquisition, and 2) delete the Land Use Element text references to the Maino
property in the sections on Hillside Planning and Options Use and Special Design Areas;
motion carried (5 -0). .
Legislative action was continued to a date certain; May 5, 1998.
10. GENERAL PLAN LAND USE ELEMENT AMENDMENT - FULLER ROAD
& AERO DRIVE (File No. 441)
Council held a public hearing to consider annexation, long -range plan amendments, and
zoning in the vicinity of Fuller Road and Aero Drive.
Associate Planner Matteson presented the staff report.
Mayor Settle opened the public hearing.
John French, property owner representative, spoke in favor of the annexation.
Mayor Settle closed the public hearing.
Council Members discussed the annexation's affect on the City's water supply.
Staff clarified that the adopted policy states that it is not necessary to have the water
available at the time of annexation, but at the time of development. Utilities Director Moss
stated that timing of water supply development is important in the context of development.
After discussion, moved by RomeroWilliams to take the following actions:
A. Actions concerning entire proposed annexation area:
City Council Meeting Page 14
Tuesday, March 17, 1998 - 4:00 p.m.
A.1 Adopt Resolution No, to approve a Negative Declaration of Environmental Impact.
A.2 Direct staff to complete, and bring to Council for approval, annexation
agreements with all owners of land to be annexed.
A.3 Direct staff to complete, and bring to Council for approval, tax-sharing
agreements with the county for all land to be annexed; motion carried (5-0).
B. Actions concerning the Fuller Road area:
B.1 Adopt Resolution No. recommending that the Local Agency Formation Commission
( LAFCo) approve annexation of about 75 acres east of Broad Street, from
El Capitan Way to and including the vicinity of Wisberg Lumber.
B.2 Adopt Resolution No. to amend the Edna -Islay Specific Plan, to show as Service
Commercial areas that it has shown as Retail Commercial and as Rural
Industrial, for consistency with the adopted General Plan.
B.3 Introduce Ordinance No. to prezone the annexation area east of Broad Street R -1-
SP, R -2-SP, C-S, and C /OS; motion carried (5 -0).
C.
Actions concerning the Aero Drive area:
C.1
Adopt Resolution No. recommending that LAFCO approve annexation of about nine
acres west of Broad Street and north of Aero Drive, including the Aero Drive right=
of -way.
C.2
Conceptually approve a General Plan Land Use Element Map amendment to
change the annexation area north of Aero Drive from Tourist Commercial to
Services Manufacturing, and the County -owned property within the Airport
road loop from Tourist Commercial to Public; direct staff to aggregate the
approval resolution with the other conceptually approved General Plan amend-
ments for adoption by a single motion at the end of this meeting.
C.3
Introduce Ordinance No. to prezone the annexation area north of Aero Drive
Service Commercial with Special Considerations (C -S -S).
CA
Direct staff to finish negotiating a draft agreement with the County concerning
special parking, improvement, and maintenance provisions for the Aero Drive
right -of -way, and bring the agreement to council for approval.
C.5
For the annexation area north of Aero Drive, give direction to the applicant
and the Architectural Review Commission for the development plan to provide:
additional landscaped setback along Broad Street, and emphasizing parking
to the side or rear of buildings rather than between buildings and the street;
on-site amenities for workers; space for truck loading that will allow some
articulation of building facades that exceed 100 feet; landscaped walkways
1. connecting the anticipated bus stop and building entry by a direct route; and
special design consideration as an entry to the City
After further discussion, the motion failed (2-3, Settle, Roalman, Smith voting no).
By consensus, Council directed that staff continue legislative action on the General Plan
Amendments to May 5, 1998, and bring back a status update on the water policies and
supplies on that date.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 1:05 a.m. to Wednesday, March 18,1998 at 11:30 a.m. in the Council Hearing Room,
990 Palm Street, San Luis Obispo. . I .
APPROVED.BY COUNCIL: 4171198
BG:dr
nme L. Ga
City Clerk