HomeMy WebLinkAbout07/05/20001
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY, JULY 5, 2000 - 5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice
Mayor Ken Schwartz, and Mayor Allen K. Settle
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City
Administrative Officer; Bill Statler, Finance Director, Jim Gardiner,
Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director;
Mike McCluskey, Public Works Director; Wendy George, Assistant to
the CAD; Jill Sylvain, Human Resources Analyst; Ron Whisenand,
Development Review Manager; Peggy Mandeville, Associate
Planner; Glen Matteson, Associate Planner; John Mandeville, Long
Range Planning Manager
CONSENT AGENDA
ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended by
the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES OF THURSDAY, JUNE 15, 2000 (NOON); THURSDAY, JUNE 15
2000 (7:00 P.M.).
ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted;
motion carried 5:0. (Note: Minutes for the June 20"' meeting continued at staff's
request to the next meeting).
C2. RESOLUTION APPROVING COLLECTION OF DELINQUENT SOLID WASTE
COLLECTION AND DISPOSAL.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9056 authorizing the San
Luis Obispo County Assessor to assess the amounts due to San Luis Obispo
Garbage Company on delinquent accounts for provision of solid waste collection
and disposal services as described within Municipal Code Section 8.04.070 as liens
against the properties involved; motion carried 5:0.
C3. RESOLUTION AMENDING THE HUMAN RELATIONS COMMISSION (HRC) BYLAWS.
City Council Meeting
Wednesday, July 5, 2000 - 5:00 p.m.
Page 2
Vice Mayor Schwartz proposed that the first "Whereas" in the draft resolution be amended by
striking language as follows: "accommodating the public ". The
Council unanimously accepted the amendment.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9057, as revised,
amending the HRC's bylaws to provide additional flexibility to the HRC in
scheduling and locating their monthly meetings; motion carried 5:0.
C4. APPROVE PLANS AND SPECIFICATIONS FOR LAGUNA LIFT STATION AND FORCE
MAIN REPLACEMENT, SPECIFICATION NO. 90006.
ACTION: Moved by Romero/Ewan to 1) approve plans and specifications for the
Laguna Lift Station and Force Main Replacement Project, Specification No. 90006.
2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer
to award the construction contract, if the accepted bid plus contingencies is within
the available budget; motion carried 5:0.
C5. APPROVAL OF A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY AND
THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION (SLOPSOA).
ACTION: Moved by Romero/Ewan to adopt Resolution No..9058 approving the MOA
between the City and SLOPSOA for the period of July 1, 2000 through June 30, 2002;
motion carried 5:0.
C6. THIRD AMENDMENT OF THE EXCLUSIVE NEGOTIATION AGREEMENT (ENA)
RELATIVE TO THE PALM STREET /COURT STREET PROJECT AND CONTINUED
CONSULTANT SERVICES.
ACTION: Moved by Romero/Ewan to 1) authorize the Mayor to execute the Third
Amendment to the Exclusive Negotiating Agreement with Chinatown -Court Street
Partners, LLC in order to extend the Exclusive Negotiating Agreement (ENA) term
for an additional 75 days. 2) Appropriate $50,000 from the Unreserved General
Fund balance to fund added consultant services necessary to complete the
negotiations with the understanding that Chinatown -Court Street Partners, LLC will
pay all third party costs after the Memorandum of Understanding (MOU) is
approved; motion carried 5:0.
C7. COUNCIL CHAMBER CABLECASTING PROJECT PHASE II- ENHANCED MULTI-
MEDIA VISUAL PRESENTATION TECHNOLOGY.
ACTION: Moved by Romero/Ewan to 1) award sole source contract to The Waterford
Group in the amount of $44,600 to design and install the Council Chamber
Cablecasting Project Phase II — Enhanced Multi -Media Visual Presentation
Technology. 2) Authorize the Mayor to sign the agreement; motion carried 5:0.
APPOINTMENT
Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING
DELEGATE/ALTERNATE.
City Council Meeting
Wednesday, July 5, 2000 - 5:00 p.m.
Page 3
ACTION: Moved by Settle/Romero to designate Mayor Settle as voting delegate and
Council Member Romero as alternate to the League of California Cities Annual
Conference; motion carried 5:0.
PUBLIC HEARINGS
2000 -2001 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN -AID FUNDING
RECOMMENDATIONS.
Human Resources Analyst Sylvain and HRC Chair Multari provided the report.
Mayor Settle opened the public hearing.
Ann Ream, SLO Arts Council, thanked the Council for funding the "SMART" art program.
Marlene Robinson, Altrusa of Cinco Ciudades, expressed appreciation to the Council for
supporting the program.
Mayor Settle closed the public hearing.
Discussion ensued regarding the late application received from the Salvation Army. HRC
Chair Multari explained that there was internal transition in the office, which may have
contributed to the late application. Assistant to the.CAO George advised that it may not be
a good practice to use administrative funds for grants and proposed that if Council should
decide to approve the HRC recommendation that it consider such action an exception.
1 Council Member Romero suggested that the Council approve a grant to the Salvation Army
from funding not used by the Food Bank last year ($1,000).
ACTION: Moved by Romero/Marx to 1) approve recommendations from the Human
Relations Commission for Grants -in -Aid funding for 2000 -01. 2) Adopt Resolution
No. 9059 authorizing staff to develop agreements and the City Administrative Officer
to execute agreements with each Grants -In -Aid funding for 2000 -01. 3) approve a
recommendation to grant the Salvation Army any unexpended Grants -In -Aid money
from the 1999 -00 fiscal year not to exceed $1,000; motion carried 5:0.
2. 2000 -2001 PROMOTIONAL COORDINATING COMMITTEE (PCC) GRANTS -IN -AID
RECOMMENDATIONS.
Assistant to the CAO George and PCC Chair Rosene provided the report.
Mayor Settle opened the public hearing.
Bill Medlin, Gold Coast Chorus of SLO, expressed appreciation for the grant award.
Marlene Robinson, Development Director for the Mozart Festival, voiced gratefulness for
the support.
Ann Ream, SLO County Arts Council, thanked the Council for its generous support to the
arts community, which supports tourism and cultural activities. She also expressed
appreciation to the Downtown Association for their assistance with arts programs in the
downtown.
City Council Meeting
Wednesday, July 5, 2000 - 5:00 p.m.
Page 4
Deborah Holley, Downtown Association, also said thanks for the support and responded to
questions raised by Council Member Marx.
Archie McClaren, Founder of the Central Coast Wine Classic and Chairman of Edna Valley
Vintners Association, thanked Council, too, for its support.
Mayor Settle closed the public hearing.
Discussion ensued regarding penalties for late applications and staff's recommendation to
revise the late application policy.
ACTION: Moved by Schwartz/Ewan to 1) consider recommendations from the
Promotional Coordinating Committee for 2000 -2001 Grants -in -Aid funding. 2)
Adopt Resolution No. 9060 authorizing the City Administrative Officer to execute
agreements with each grant recipient as described in Exhibit "A" attached to the
resolution, and inclusive of any modifications made by the Council. 3) Authorize
the PCC to change its late grant applications procedures in future years so that late
or incomplete applications are no longer accepted; motion carried 5:0.
PUBLIC COMMENT
Lillian Jud, Economic Opportunity Commission, distributed copies of the EOC's
Community Action Plan and expressed appreciation to the City Council.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Palm Street/Court Street
Negotiating Parties: City of San Luis Obispo:
John Dunn, Jeff Jorgensen, Allan Kotin
Property Owner Representatives:
Tom Copeland, Martin Tangeman
Negotiation: Status of Negotiations
City Attorney Jorgensen. reported that the Council gave direction on further negotiations.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property:
Negotiating Parties:
Ayres Property (Ontario Road)
City of San Luis Obispo:
Neil Havlik
Property owner Representatives:
Steve Curtis
C
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City Council Meeting Page 5
Wednesday, July 5, 2000 - 5:00 p.m.
Negotiation: Whether to Neogtiate/Acquire
City Attorney Jorgensen reported that the Council authorized additional negotiations.
PUBLIC COMMENT
Jim English, President of the SLO Police Staff Officers Association, expressed appreciation to
Human Resources Department staff relevant to recent and successful negotiations. He noted
that there is a high level of trust between the City and the Association and thanked the
Council for support.
PUBLIC HEARINGS continued
3. MUSCARELLA/COWAN TRUST TRACT MAP SUBDIVISIONS: 936 FULLER ROAD
AND 906 CALLE DEL CAMINOS (CONTINUED FROM JUNE 20, 2000).
A. SUBDIVISION OF 3 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND 1
LINEAR PARK LOT ON 3.10 ACRES AT 936 FULLER ROAD ( TR/ER 225 -99).
B. SUBDIVISION OF 2 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND
1 LINEAR PARK LOT AND 1 DETENTION BASIN LOT OF 3.99 ACRES AT 906
CALLE DEL CAMINOS (TRIER 226 -99: TRACT 23721.
' Development Review Manager Whisenand presented the staff report and noted that staff had
made minor modifications to the Conditions of Approval for both projects (Revised #13 and
added #20 for Fuller Road and revised #11 for Calle de Caminos). The revisions were
accepted by the Council.
Public Works Director McCluskey responded to questions from the Council regarding creek
maintenance, the detention basin and traffic circulation. Tim Walters, RRM Design Group,
responded to more specific questions regarding road design.
Mayor Settle opened the public hearing.
John French, representing Cowan Trust, spoke in support of the project and concurs with
the Conditions of Approval, as recommended.
Ray Blair, 4300 Broad (also representing the neighboring Wisberg property) voiced concern
about drainage and erosion. He suggested that a block retaining wall may be needed.
Virginia Ward, 895 Calle Del Caminos, expressed apprehension about traffic impact and
preservation of privacy.
John French reported that the project will improve overall cross -lot drainage and proposed
that a six foot wooden fence be installed to protect Ms. Ward's privacy. He indicated that
he would not be opposed to constructing a block wall and mentioned that the issue is yet to
go to the Architectural Review Commission.
Mayor Settle closed the public hearing.
City Council Meeting Page 6
Wednesday, July 5, 2000 - 5:00 p.m.
Council Member Marx suggested that the Homeowners Association be made responsible
for biological mitigation measures to ensure protection of pond turtles. Development
Review Manager Whisenand suggested a slight modification to Condition #11 for the Fuller
Road project, which was generally received.
ACTION: Moved by SchwartzlEwan to approve the Planning Commission's
recommendation to adopt Resolution No. 9066 approving the Negative Declaration
of Environmental Impact with mitigation, and approving the tentative map with
conditions, as amended; motion carried 5:0.
ACTION: Moved by SchwartzlEwan to approve the Planning Commission
recommendation to adopt Resolution No. 9067 approving the Negative Declaration
of Environmental Impact with mitigation and approving the tentative map with
conditions as amended; motion carried 5:0.
4. FROOM RANCH ANNEXATION, PREZONING, AND SUBDIVISION (ANNX/R /MS/ER 51-
00): 12395 LOS OSOS VALLEY ROAD.
Associate Planner Mandeville provided the staff report.
Mayor Settle opened the public hearing.
Marty Tangeman, representing the applicant Alex Madonna, provided background about the
project and reported that the applicant agrees with staff recommendations. He noted that
the applicant desires to move forward in a cooperative manner and commented that the
annexation is fully consistent with the General Plan. He clarified that, at this time, the
application is proposing only a subdivision and the annexation. A Home Depot store has
already been approved by the County, he said, although it will be smaller than what was
initially approved. He added that any future development on the other parcels will be
subject to City review and will comply with all mitigation standards. In closing, Mr.
Tangeman indicated that the applicant is still willing to grant to the City an open space
easement.
Linda Sealy asked if the other three parcels are annexed if they will be developed as "big
box stores" too. Development Review Manager Whisenand replied that the property will be
zoned for retail commercial and clarified that there have been no development proposals
received to -date.
Paul Wolff asked for clarification about the open space easement and voiced concern that a
precedent has been set for the kind of development that will occur. City Attorney
Jorgensen advised that the open space easement will be dedicated to the City in perpetuity.
Speaking in opposition to the prezoning and annexation:
Brian Christianson, 818 Pismo Street
Christine Mulholland, 1334 Diablo Drive
Richard Kranzdorf
Bob Shanbron, Los Osos resident
Sherry Lewis, 209 Longview Lane
Courtney Coleman, 1396 Phillips Lane #3
Ted Rawlings, 209 Longview Lane
Steven Marx, Santa Lucia Chapter of the Sierra Club
Speaking in support of the orezoning and annexation
City Council Meeting
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Page 7
' Jack Cashon,1 Highland Drive
Marty Tangeman, reiterated that the Home Depot project has been approved by the County
and that the City has encouraged the applicant to annex so that the City would have input
about how the property is developed. He emphasized that if the property is annexed, City
standards will apply to the other three lots. Plans are not yet fully formulated, the actual
acreage of the open space easement has not yet been determined.
Break called at 9:55 p.m.
Mayor Settle closed the public hearing.
Staff responded to Council questions regarding LAFCO approval and anticipated impacts to
Los Osos Valley Road. Individual Council comments followed. Vice Mayor Schwartz.
Council Member Romero and Council Member Ewan spoke in support primarily because the
annexation and land use is consistent with the General Plan. In addition, it was asserted
that the future development of the property is best regulated if within the City's limits.
Council Member Marx argued that the public dedication is too vague and should be 150
acres. She proposed that the matter be continued to allow staff to negotiate with the
applicant a better solution for preserving the hills. In addition, she pondered over the fate
of the grass and prime agricultural land and the historic structures on the property. To the
applicant's representative, Council Member Marx asked if he would be willing to dedicate a
full 150 acres of open space. Mr. Tangeman indicated that he would meet the County
imposed requirements and not make any further promises to the City.
' Mayor Settle asserted that it must be the City that controls the development and sets the
standards for development.
ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No. 9061 approving the
vesting parcel map based on findings and subject to conditions and code
requirements to become effective upon annexation and adopting the mitigated
negative declaration of environmental impact (ER 51 -0). 2) Introduce Ordinance No.
1371 prezoning the annexation area Retail - Commercial (C-R). 3) Adopt Resolution
No. 9062 recommending that the Local Agency Formation Commission ( LAFCO)
approve the annexation; motion carried 4:1 (Marx).
5. CONSIDERATION OF ADOPTING A NEW SAFETY ELEMENT OF THE GENERAL
PLAN, AND AN ENVIRONMENTAL DETERMINATION (APPLICATION NO. 67-96).
Associate Planner Matteson provided the staff report.
Mayor Settle opened the public hearing. There was no public testimony. Mayor Settle
closed the public hearing.
Brief Council questions followed.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9063 approving the
Planning Commission recommendation to approve a negative declaration of
environmental impact and to adopt a new Safety Element, replacing the 1975
Seismic Safety Element and the 1978 Safety Element; motion carried 5:0.
City Council Meeting Page 8
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COUNCIL LIAISON REPORTS
ECONOMIC OPPORTUNITY COMMISSION
Council Member Marx submitted a report on EOC Child Resource and Referral Programs
received by the EOC Board of Directors at their June 29, 2000 meeting (memo on file in the
City Clerk's Office).
CALIFORNIA MEN'S COLONY CITIZENS' ADVISORY COMMITTEE (CAC)
Council Member Romero reviewed the CAC meeting of June 21, 2000 (memo on file in the
City Clerk's Office).
CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CA CITIES
Council Member Romero reported on the Division Meeting of June 30, 2000, at which
members toured the Regan Library and heard an informative report from Oakland Council
Member John Russo, Chair of the League Fiscal Reform Task Force.
COMMUNICATIONS
Mayor Settle voiced concern regarding the performance standards and penalties assessed
by the Regional Water Quality Control Board on the Wastewater Treatment Plant. Staff
reported that Utilities Director Moss is working with the City's lobbyist to seek legislative
relief.
John Ewan noted that San Luis Marketplace is tentatively scheduled for August 15th when
he will be absent. He feels a project of this magnitude should be reviewed by the full
Council. Vice Mayor Schwartz stated that he will be absent September 5, 2000. Council
agreed that the project should be reviewed by the full Council and requested that the item
be set no sooner than September 19, 2000.
There being no further business to come before the City Council, Ma Settle adjourned the
meeting at 10:28 p.m. to Tuesday, July 11, 2000 at 7:00 m. for a S al ity Council Meeting
in the Council Chamber, 990 Palm Street, San Luis O ispo.
Lee Vice, C.M.C.
City Clerk
APPROVED BY COUNCIL: 7/18/00
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