HomeMy WebLinkAbout09/16/1997, C-1 - CLOSED SESSION OF THE CITY COUNCIL MEETING AGENDA
CLOSED SESSION OF THE CITY COUNCIL DATE -a-21 ITEM #_.
CITY OF SAN LUIS OBISPO .
TUESDAY,AUGUST 19, 1997, 1997-6:30 P.M.
COUNCIL HEARING ROOM,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present Council Members Kathy Smith, Dodie Williams,Vice Mayor Bill Roalman,and
Mayor Allen Settle
Absent: Council Member Romero
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer, Ken
Hampian,Assistant City Administrative Officer
City Council held a closed session to discuss the following issue:
CONFERENCE REGARDING LEGAL COUNCEL -Existing Litigation - pursuant to Government Code
54956.9
City of San Luis Obispo v.PG&E
Council authorized settlement and authorized purchase of street lights from PG&E for$488,098.
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.
Bonnie L Gawf,City Clerk
APPROVED BY COUNCIL: 9116/97
BLG:dr
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,AUGUST 19, 1997-7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
-SAN LUIS OBISPO,CALIFORNIA
ROLL CALL: . .
Council Members
Present: Council Members Kathy Smith, Dodle Williams,Vice Mayor Bill Roalman,and
Mayor Allen Settle
Absent: Council Member Romero
City Staff
Present: John Dunn,City Administrative Officer,Jeff Jorgensen,City Attomey; Bonnie
Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold
Jonas, Community Development Director; Bill Statler, Finance Director; Bob
Neumann, Fire Chief; Mike McCluskey; Public Works Director; Paul LeSage,
Parks and Recreation Director, Ron Whisenand, Development Review
Manager; Dave Elliott, Administrative Analyst; Neil Havlik, Natural Resources
Manager; Al Cablay, Public Works Manager; Harry Watson, Transportation
Manager.
PRESENTATION
Nicole Coffer of the SLO Tobacco Control Coalition presented a plaque and banner to the City
Council and thanked them for supporting the anti-smoking ordinance in honor of its seventh
anniversary this month.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING LEGAL COUNCEL - Existing Litigation - pursuant to Govemment Code
54956.9 City of San Luis Obispo v.PG&E
City Attorney Jorgensen reported that, in Closed Session, Council authorized settlement and the
purchase of street lights from PG&E in the amount of $488,098.
PUBLIC COMMENT PERIOD
PCI. Allen Friedman.SLO,asked Council to expedite the process of drafting an ordinance
regarding further restrictions for leaf blowers.
PC2. Bill Storm,SLO, President of the local chapter of AARP,asked Council to make further
modifications to the parking limits around the Senior Center. He said the two hour limit is
a hardship for seniors,asked Council to change the limit to four hours and presented a
petition requesting the changes.
CONSENT AGENDA
Moved by Williams/Smith to approve the Consent Agenda with the exception of Item C-10 (BR
opposed), as recommended by the City Administrative Officer; motion carried (4-0-1, Romero
absent).
City Council Meeting Page 2
Tuesday,August 19,1997-7:00 p.m.
C1. COUNCIL MINUTES
Council considered the minutes of:
Thursday,June 5,1997 at 7:00 p.m.;(Joint Cities'Meeting)
Tuesday,July 8,1997 at 6:30 p.m.;
Tuesday,July 8,1997 at 7:00 p.m.;
Thursday,July 9,1997 at 12:00 p.m.(Advisory Body Subcommittee);and
Tuesday,July 15,1997 at 7:00 p.m.
Moved by Williams/Smith to waive oral reading and approve minutes as amended; motion carried
(4-0-1, Romero absent).
C2. TUITION REIMBURSEMENT PROGRAM (File No.602)
Council considered instituting a Tuition Reimbursement Program to encourage excellence of
performance.
Moved by Williams/Smith to adopt Resolution No.8701 approving the Tuition Reimbursement
Program; motion carried(4-0-1,Romero absent).
C3. CURBSIDE OIL COLLECTION PROGRAM (File No.142)
Council considered implementation of a curbside oil collection program with the financial
assistance of the San Luis Obispo County Integrated Waste Management Authority.
Moved by Williams/Smith to direct San Luis Garbage Company to Implement program with
assistance from the County Integrated Waste Management Authority; motion carried(4-0-1, DR
absent).
C4. LEAGUE CONFERENCE VOTING DELEGATE (File No.362)
Council considered designating the Mayor as the voting delegate to the League of California Cities
Annual Conference,and Vice Mayor Roalman as alternate.
Moved by Williams/Smith to designate Mayor Settle voting delegate and Vice Mayor Roalman as
alternate; motion carried(4-0-1,DR absent).
C5. VISITORS&CONFERENCE BUREAU CONTRACT (File No.1054)
Council considered the Promotional Coordinating Committee's proposed changes to the work scope
of the 1997-99 Visitors and Conference Bureau(VCB)contract.
Moved by Williams/Smith to approve changes to VCB work scope; motion carred (4-0-1, Romero
absent).
C6. REVENUES&EXPENDITURES STATEMENT (File No.262)
Council considered the annual statements of revenues and expenditures from development impact
fees for 1996-97(water,wastewater,and transportation).
Moved by Williams/Smith to receive statement; motion carried(4-0-1, Romero absent).
C7. OLD CARNEGIE LIBRARY DESIGN SERVICES (File No.96-25A)
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Tuesday,August 19,1997-7:00 p.m.
Council considered a Request for Proposals(RFP)for"Design services: Old Carnegie Library
Rehabilitation," Spec. No.96-25A; estimated design fees$70,000.
Moved by Williams/Smith to approve RFP and authorize the City Administrative Officer to award an
agreement if the negotiated cost is within the engineer's estimate; motion carried(4-0-1, Romero
absent).
C8. RAILROAD BICYCLE PATH PROJECT (File No.90-98)
Council considered plans and specifications for"Railroad Bicycle Path-Phase I,"Specification
No.90-98; engineer's estimate$342,795 including contingencies.
Moved by Williams/Smith to 1)approve plans and specifications; 2)approve transfer of$70,000
from the project account for Minor Bicycle Projects to the project account for Railroad Bike Path
Phase I; 3)authorize staff to advertise for bids; and,4)authorize the City Administrative Officer to
award the contract If the accepted bid plus contingencies is within the available construction
budget; motion carred(4-0-1, Romero absent).
C9. FINAL MAP APPROVAL-TRACT 2202 (File No.410)
Council considered giving final map approval for Tract 2202(Phase 2) located at 154 Suburban
Road;TK Development,subdivider.
Moved by Williams/Smith to adopt Resolution No.8702 approving the final map for Tract 2202;
motion carried (4-0-1, Romero absent).
C10. ECONOMIC VITALITY CORP.SERVICES AGREEMENT (File No.238)
Council considered a contract with the Economic Vitality Corporation (EVC)of San Luis Obispo
County in the amount of$6,200 for economic development services.
Moved by Williams/Smith to approve and authorize the Mayor to execute the contract; motion
carried (3-1-1, Roalman opposed, Romero absent).
COUNCIL LIAISON REPORTS
CLR1. Council Member Smith reported that the Student Housing Task Force met,and they are
looking at other communities'solutions to student housing problems. She noted that a
study has been authorized by Cal Poly,who is looking at developing more student housing
on campus. Council Member Smith also reported on a public meeting regarding
developing sports fields,stating that most of the people were from the Laguna Lake area,
who were concerned about locating the fields there.
CLR2. Council Member Williams reported on the BIA board meeting,stating that the Downtown
Center is being entered into the Main Street Awards program this year. She said that
concerns were expressed about the downtown sweeping schedule and graffiti on trash
containers.She reported that the quarterly breakfast,Taste of San Luis,summer concerts,
and the new office manager, Melissa Martin were also discussed.
PUBLIC HEARINGS
1. P.G.&E.ANNEXATION&PREZONING&PROPERTY TAX NEGOTIATIONS
(Fife No.441)
Council held a public hearing to consider a request to:1)annex and prezone 13.1 acres of property
(four lots)on the east side of South Higuera Street,south of Los Osos Valley Road and west of
City Council Meeting Page 4
Tuesday,August 19,1997-7:00 p.m.
Vachell Lane; and,2)accept an agreement with the County of San Luis Obispo regarding the
property tax revenues and annual tax increment for said annexation; Pacific Gas&Electric
Company,applicant.(Annx/R 5797).
Development Review Manager Whisenand presented the staff report. He noted that this is scheduled
to be heard by LAFCo this month.
Assistant CAO Hampian clarified issues surrounding the tax exchanges and financial benefit of the
annexation stating that there will be no receipt of property tax and that utility tax will be the primary
revenue.
Mayor Settle opened the public hearing.
Andrew Merriam.Cannon Associates,spoke representing the applicant PG&E and in support of
the annexation.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Smith to A) Introduce Ordinance No.1326 to print adopting
the Negative Declaration of Environmental Impact and prezoning the annexation area Service
Commercial (C-S); B)adopt Resolution No.8703 recommending that LAFCO approve the
annexation; C)approve and authorize the Mayor to execute a pre-annexation agreement with the
applicants providing for payment of fees consistent with the interim annexation policy; and,D)
adopt Resolution No.8704 accepting the negotiated exchange of property tax revenues and
annual tax increment that is required as a prerequisite to any jurisdictional change, pursuant to
the revenue and Taxation Code Section 99; motion carried(3-1-1, Romero absent, Roalman
opposed).
Mayor Settle suggested that Council move to Business Item #4 regarding the Mobilehome Rent
Stabilization Ordinance in order to accommodate the many speakers for this subject,and Council
concurred.
2. TK DEVELOPMENT MODIFICATIONS (File No.410 )
Council held a public hearing to consider a request to modify a previously approve use permit
condition for Food 4 Less(A6-96) located at 164 Suburban Road;TIMM& Kreutzkampf
Development,applicants.
Mayor Settle noted that the applicant has requested a continuance of the item until September 2,
1997 so it could be heard by the full Council.
After discussion, moved by Williams/Smith to continue the item to September 2, 1997; motion
carried (3-1-1, Roalman opposed, Romero absent).
3. TRANSIT PLAN (File No.549)
Council held a public hearing to consider the Short Range Transit Plan(SRTP)for SLO Transit.
Public Works Manager Al Cablay gave a brief overview of the SRTP.
Transportation Manager Watson presented details of the plan and the process used to develop it
He presented alternatives which would be available under different funding scenarios.
Mayor Settle opened the public hearing.
Mike Spangler,Transit Committee member, urged Council to adopt the plan,with exception of an
addition to language on page 23,paragraph 4.5,adding"non-enterprise funds"to the sentence.
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Tuesday,August 19,1997-7:00 p.m.
Mayor Settle closed the public hearing.
Council Member Williams suggested adding"excluding enterprise funds"to paragraph 4.5 on
page 23. Council Member Smith and Mayor Settle agreed. Vice Mayor Roalman disagreed with
adding that language and asked Council to wait until the Downtown Access Study returns to
Council before making a determination and adopt the resolution as recommended.
After discussion,moved by Williams/Smith to adopt Resolution No.8705 approving the 1997-2003
SUP with the addition to section 4.5 and 4.1 to include"excluding enterprise funds"; motion
carried (3-1-1,Roalman opposed,Romero absent).
4. APPEAL-FENCE HEIGHT EXCEPTION (File No.407)
Council held a public hearing to consider an appeal by Judith Brainard of a Planning Commission
action denying a fence height exception to allow a 6-foot high wood fence to remain in the street
yard,where a 4-foot high fence would be allowed,for a boarding house located at the southwest
corner of Santa Barbara and Leff Streets(1703 Santa Barbara St.)
Community Development Director Jonas presented the staff report,recommending denial of the .
appeal. He outlined reasons that the hearing officer and Planning Commission denied the
application.
Mayor Settle opened the public hearing.
Jenifer Brainardrepresenting the appellant, Balboa St.,stated that the fence was built for privacy
because a neighbor removed a large tree that used to provide that privacy.
Dan Kallall. Resident Manager,stated that moving the fence back to the prescribed setback will
expose the entrance to the building and Is a safety issue. He noted that moving the fence will not
allow any better view when pulling out of the driveway,and he can find no provisions that dictate
the style of the fence.
Deanna Constable,Santa Barbara St,stated that this is a privacy issue and the fence eliminates
the problems previously mentioned.
Astrid Gallacher.stated that the trees were cut on an order by the City. She said there is a
problem with transients along that street She said the problem could be taken care of with a
lower fence and by putting locks on the outside doors to the apartment building.
Mayor Settle closed the public hearing.
After discussion, moved by SmithNVIlliams to adopt Resolution No.8706 denying the appeal and
upholding the Planning Commission's action; motion carried (3-1-1, Roalman opposed, Romero
absent).
Vice Mayor Roalman asked to direct staff to find out who cut the tree and Council concurred.
COMMUNICATIONS
COMM1. Council Member Williams reported on visiting Girl Scouts from Japan,who had
presented gifts to the City. She said the gifts will be placed in the display case outside the
Council Chamber.
COMM2. Mayor Settle noted that two impressive new pictures of the Performing Arts Center
have been hung in City Hall—in the hallway and in the Council Chamber.
L1�'6
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Tuesday,August 19,1997-7:00 p.m.
COMM2. Mayor Softie noted that two impressive new pictures of the Performing Arts Center
have been hung in City Hall—in the hallway and in the Council Chamber.
BUSINESS ITEMS
S. MOBILEHOME RENT STABILIZATION (File No.426)
Council considered requests for amendments to the.San Luis Obispo Mobilehome Rent
Stabilization ordinance.
City Attorney Jorgensen presented the staff report,clarifying that this meeting is to take public
comment and for Council to give direction to staff, but that there was no action scheduled to be
taken tonight
Mayor Settle opened the meeting for public comment.
Leola Rhubottom,3060 South Higuera,stated that rents are excessive and the ordinance is
complicated. She asked for four specific changes to the ordinance.
Barry Kaufman,SLO,asked Council to amend the ordinance as requested.
Lois Reinhart, 1713 Thelma Drive,stated that her main concern is with the 10% rental increase
upon the sale of the home.
Betty Hensen,SLO,stated that the10% rent increase inflicts a penalty on mobile home owners and
buyers and that there is no control mechanism to ensure park owners don't charge more than the
10%. She asked that section 90 be deleted and section 70 retained.
Bill Hensen,SLO,spoke regarding the 10% rent increase at the sale of the home,stating that no
provisions are made to monitor the park's actions.
Catherine McClure, Mission Trailer Park,stated that the automatic 10% increase is too high. She
submitted a letter to Council.
Craig Stephens, Mission Trailer Park Association President,stated that there are increases in
excess of 10% upon the sale of the property. He asked Council to authorize an investigation into
the operations of the Mission Trailer Park. He outlined various aspects of the California Mobile
Home Residency Stabilization Act
Pat Flemming,Creekside Mobile Home Park, noted that the 10% increase was negotiated to help
the owners avoid having to increase rents on current tenants. He said that there has been an
increase in sales and prices of mobile homes this past year.
Mike Surrelio,Willow Creek Property Manager,stated that he is opposed to the amendments,
stating that the present ordinance works well. He said that this year has been a banner year in
mobile home sales.
Ed Evans, Creekside Mobile Home Park owner,stated that the ordinance was a compromise. He
said that his park offers a lease to the tenants in the spirit of compromise,and there was a
commitment. He said the rent is 30%-40% below market
Charlotte Ronguille.SLO,stated that there is no reason to discuss changes because the
ordinance was passed with a vote of the people.
Paul Dvlewskv,Creekside Park Manager,stated that removal of the 10% Increase provision
removes the protection for all parties. He stated that the rent control ordinance does not provide
increased affordable housing and may not meet its intended purpose.
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Tuesday,August 19,1997-7:00 p.m.
David Evans,Western Mobile Home Park Owners Assn.,stated that measure D was a compromise
and was decided by a vote of the people. He stated that most people in the parks are satisfied
with the ordinance;that other cities in the County have a 10% restriction because less does not
work. He advised Council to return to the original measure D provisions.
Bob Soloman. Laguna Lake Estates General Manager,clarified that the difference in space rents is
mostly due to the difference in the size and location of the space.
Desiree Lefto,Creekside Moble Home Park,stated that she had no problem paying the increase in
the rent when they first moved in to their mobile home.
Ray Neimish,Creekside Mobile Home Park,stated that he is in favor of the proposed changes. He
said that his rent has increased from$195 to$292 in ten years. He said that home owners are not
getting fair market value for their homes.
Lucille Rebas,owner of two mobile homes in SLO,stated that it is not easy to sell a mobile home,
and that park owners frequently ask for more than a 10% Increase upon the sale of a home. She
said there should be controls by the City.
Lois Reinhart stated that park owners fought for Measure D because it was to their advantage over
Measure E.
A gentleman who identified himself as an associate manager for a mobile home park region
claimed that many statements were made in error this evening.
Douglas Fogey.Mission Trailer Park,stated that the homeowners at the park where he lives invest
in the park by cleaning it and keeping it up.
William Wilson, Matthews Park owner,stated that he relies on the 10% increase allowed by the
ordinance in order to make capital improvements to the park.
Delores VanHom,Morro Bay Mobile Home owner,noted that when her utilities increased sharply,
she had no recourse.
Michael Boyser„ Mission Trailer Park,asked Council to Investigate the foreclosure of the park.
Mayor Settle returned discussion to the Council.
City Attorney Jorgensen recommended the deletion of 5.".030F,as it is no longer relevant to the
ordinance due to prior amendments. He advised Council that the deletion of the formula for
determining fair return would render the ordinance unconstitutional.
Moved by Roalman/Smith to direct staff to bring back a draft ordinance to eliminate the 10% rental
increase on sale and modify section 544.030 to remove provision (F)(3-1-1,Williams opposed,
Romero absent).
ADJOURNMENT
There being no further business to come before the City Council, Mayor Settle adjourned the meeting
at 10:30 p.m. to Tuesday, September 2, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street,
San Luis Obispo.
APPROVED BY COUNCIL:9116197
BG:dr Bonnie L.Gawf,City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,SEPTEMBER 2, 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; Kim
Condon, Assistant 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, Wayne Peterson,
City Engineer, John Mandeville, Long Range Planning Manager, Neil Havlik,
Natural Resources Manager
PUBLIC COMMENT PERIOD
There were no public comments.
CONSENT AGENDA
Council Member Romero stated that he was not present at the August 19, 1997 City Council meeting
for the public hearing for the PG&E Annexation public hearing, but had listened to a tape of that
public hearing and was eligible to vote on its final passage tonight.
Moved by Williams/Smith to approve the Consent Agenda as recommended by the City
Administrative Officer, motion carried(5-0).
C1. WATER RECLAMATION FACILITY DIGESTER#2 REPAIR(File No.97-49B)
Council considered awarding a contract to Spelss Construction in the amount of$168,040 for"Water
Reclamation Facility Digester Repair,"Specification No.97-09B.
Moved by Williams/Smith to approve contract award and appropriate$100,000 from Sewer Fund
balance to project; motion carried (5-0).
C2. PG&E ANNEXATION&PREZONING (File No.441)
Council considered giving final passage to an ordinance amending the zoning map to prezone the
PG&E Annexation at 4280 Vachell Lane and 4313 S.Higuera Street to Service-Commercial(C-S);
Pacific Gas&Electric Company,applicant.(Continued from 8/19197.)
Moved by Williams/Smith to give final passage to Ordinance No. 1326. motion carried(4-1,
Roalman voting no.)
C3. ELECTRONIC PARKING METERS (File No.557)
Council considered a Request for Proposals(RFP)for the purchase of an electronic parking meter
system;engineer's estimate$348,000.
Moved by Williams/Smith to approve the request for proposals(RFP)for the purchase of an
electronic parking meter system; authorize soliciting of proposals; and,authorize contract award
by the CAO if the best responsible proposal Is within the engineer's estimate; motion carried (5-0).
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Tuesday,September 2,1997-7:00 p.m.
C4. CREEK CLEAN-UP DAY (File No.502)
Council considered supporting the Central Coast Salmon Enhancement Creek Clean-up Day on
September 13, 1997 as co-sponsor.
Moved by Williams/Smith to adopt Resolution No.8707 supporting the City's co-sponsorship of
the Creek Clean-up Day event sponsored by the Land Conservancy of San Luis Obispo County
and Central Coast Salmon Enhancement, Inc.(CCSE); motion carried (5-0).
C5. FIBER OPTIC INSTALLATION (File No.)
Council considered of an agreement with GST/Call America for fiber optic conduit installation.
Mike McCluskey.Public Works Director, said the agreement had not yet been finalized and asked
Council to authorize approval of the agreement subject to the City Attorney finding the agreement
acceptable. He said this is a unique opportunity to get us from City Hall to Fire Station No.1 and
eventually all the way to the southern end of the City.
Moved by Smith/Romero to 1)approve agreement with GST/Call America contingent upon the City
Attorney finding the agreement acceptable; 2)authorize the City Administrative Officer to execute
the agreement; 3)appropriate$42,000 from the unappropriated balance of the General Fund to a
new CIP project account for this work; and,4)transfer$17,000 from the Traffic Signal
Interconnection Project budget to a new CIP project account for this work; motion carried (5-0).
C6. WATER TANK REPAIR (File No.98-70)
Council considered specifications for"Water Tank Recoating Project: Edna Saddle Tank,"
Specification No.98-70; engineer's estimate$422,000 not including contingencies.
Moved by Williams/Smith to approve specifications,authorize staff to advertise for bids,and
authorize the CAO to award the contract if the lowest responsible bid is within the budget; motion
carried(5-0).
C7. FINANCIAL ADVISORY SERVICES (File No.201)
Council considered of a Request for Proposals(RFP)for Financial Advisor Services.
Moved by Williams/Smith to approve distribution of RFP for Financial Advisor Services; motion
carried (5-0).
C8. BOND COUNSEL SERVICES (File No.201)
Council considered a Request for Proposals(RFP)for Bond Counsel Services.
Moved by Williams/Smith to approve distribution of RFP for Bond Counsel Services; motion
carried(5-0).
C9. RFP FOR OUTREACH SERVICES(File No.98-73)
Council considered a Request for Proposals(RFP)for Outreach Program to Local Schools—Efficient
Water Use Education Materials and Resources,projected at a cost of$30,000 for this two-year
project
Moved by Williams/Smith to approve RFP, authorize staff to solicit proposals; and authorize
contract award by the CAO, if the selected proposal is within the approved project budget; motion
carried (5-0).
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Tuesday,September 2,1997-7:00 p.m.
C70. LOT MERGER (File No.487)
Council considered the merger of lots in the Linda Vista Addition(Main Open Space).
Moved by Williams/Smith to approve lot merge and authorize the City Administrative Officer to
undertake all actions necessary to accomplish the merger; motion carried(5-0).
COUNCIL LIAISON REPORTS
CLR1. Council Member Williams said she had attended the Citizens' Advisory Committee meeting
for CMC on August 20'"at which time a Grand Jury report had been handed out that was very
favorable to the facility. On the 2r, she toured the facility and found It most enlightening
and very impressive. She said the CMC would like to work with any taxpayer supported
agencies to provide landscaping services and wondered if they could landscape the Prado
Day Center.
CLR2. Council Member Romero reminded Council about the Channel Counties League Meeting in
Buellton on Friday,September 19th.
CLR3. Council Member Smith reported she had attended the meeting on the Railroad Master Plan
2001.
PUBLIC HEARINGS
1. TK DEVELOPMENT MODIFICATIONS (File No.410)
Council held a public hearing to consider a request to modify a previously approved use permit
condition for Food 4 Less(A6-96)located at 154 Suburban Road;TIMM&Kreutzkampf Development,
applicants.
Arnold Jonas.Community Development Director summarized the agenda report.
Mayor Settle opened the public hearing.
Phyllis Needelman.90 Los Verdes,agreed with the staff recommendation to deny this request to
allow a left tum out of the commercial development
Bob Mott, thanked Council for finding time to meet with people on this issue and pointed to the
potential for serious accidents if this provision is deleted. He said that the traffic assumptions
had been based on incomplete data.
Bruce Wiedmer. Meadows area resident,asked Council to deny this request for modification.
Joe Humphrey.Meadows resident,supported the previous speakers.
Rick Anderson. 11 Mariposa,asked Council to adopt the staff recommendation.
Paul Orton.33 Los Paderos,asked Council to consider the children in this neighborhood and their
safety.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Williams to adopt Resolution No.8708 denying a request to
eliminate condition#8 of Use Permit A 6-96 relating to restricted turning movements onto South
Higuera Street; motion carried(S-0).
City Council Meeting Page 4
Tuesday,September 2, 1997-7:00 p.m.
2. CREEK BANK REPAIR PROJECTS (File No.9553,9555,9664,9750,9679)
Council held a public hearing to consider approving a Mitigated Negative Declaration(ER 91-97)for
Creek Bank Repair Projects and approving plans and specifications for City Plan 9553(3546 S.
Higuera St,35 Prado Road,and Prado Bridge); City Plan 9555(302613046 Higuera St.and 236
Higuera St.); City Plan 9664(Golf Course); City Plan 9750(Pistol Range);and City Plan 9679
(Mariposa).
Wayne Peterson, City Engineer,outlined the agenda report and summarized the chronology of the
City's attempts to construct repairs at creek sites.
Council discussed their frustration with the lengthy process in obtaining these permits from
various State and Federal agencies.Concerns were also expressed that the work could not be
done before the predicted heavy rainy season,therefore putting citizens and their property at risk
with the City having no authority to take action on its own. It was suggested that the City appeal
to our congressman and senators seeking support and asking for some kind of intervention.
Staff assured Council that they shared these same concerns and could write the kind of letter that
proves beyond a shadow of a doubt that we have been involved in due process diligence since the
problems became known to use in 1995.
Jeff Peters, Questa Engineering, reviewed the plans and specifications for each of the creek repair
projects.
Mayor Settle opened the public hearing.
Roy Parsons,owner of the commercial property at 236 Higuera,voiced his frustration over the
inability to protect his property and urged the Council to take some sort of action.
Phil Ashley.City resident,opposed the Mitigated Negative Declaration and asked Council to slow
down and design these projects right.
Craig Larson,owner of Gold's gym property at 3546 Higuera, was very concerned about the
property and hoped that something would be done this year.
Arnold Volny,owner of the RRM site at 3026 Higuera Street,gave a history of the damage that has
occurred at the site over the past few years and implored the Council for some type of mitigation.
Kurt Haunt, Mariposa Street,a property adjacent to a proposed area of repair,and said that he felt
this was an emergency situation that cannot be deferred.
Mayor Settle closed the public hearing.
Neil Havlik. Natural Resource Manager,said that he supported the projects although they were not
perfect
After discussion,moved by Williams/Romero to 1)adopt Resolution No.8709 approving a
Mitigated Negative Declaration (ER 91-97)for Creek Bank Repair Projects,City Plans 9553,9555,
9664,9750,9679; 2)approve plans and specifications for Creek Bank Repair Projects and
authorize staff to advertise and CAO to award contract to lowest bidder within the engineer's
estimate($1,026,066)for all projects; motion carried (5-0)
Council directed staff to take action to communicate with representatives and agencies about
concerns expressed earlier regarding the need to expedite this process to enable repair work to
begin as soon as possible.
City Council Meeting Page 5
Tuesday,September 2,1997-7:00 p.m.
3. APPEAL-FRATERNITY USE PERMIT(U-01.97) (File No.407)
Council held a public hearing to consider an appeal by Al and Elinor Bonin of a Planning
Commission action approving amendment to a fraternity's use permit,allowing the conversion of a
storage building into two bedrooms 720 and 126 Foothill Blvd.; Delta Upsilon Fraternity,applicant
Arnold Jonas.Community Development Director,gave the staff report.
Mayor Settle opened the public hearing.
Dawn McGee,attorney speaking on behalf of appellants,said this conversion would adversely
Impact the lives and livelihood of the residents in the surrounding area.
Norbert Lippert, president of alumni corporation,representing the fraternity and alumni
association as the owners of the property,said they would take this opportunity to improve the
property and a majority of the neighbors he had contacted were not concerned about this
amendment to the use permit
Mary Beth Schroeder,San Luis Obispo,said fraternities do cause problems and disturb adjacent
tenants and encouraged the university to build more housing on campus.
Mark Connellyrepresenting the Delta Upsilon Alumni Corp.,told Council that the fraternity is
working harder at being a good neighbor an said they were trying to make the place a little more
livable.
Anna Barbosa,234 Ferrini Road., believed that this additional square footage would add more
activity at the fraternity and more noise.
Al Boninthe appellant,272 Del Mar Court,said he was in complete agreement with the staff
recommendation and asked Council to support the appeal.
Elinor Boninthe appellant,also supported the staff recommendation for denial.
Krishna Martins,a tenant in the apartment complex next door,said she lives directly behind the
fraternity parking lot, it was very noisy and said this amendment would only increase the noise.
Caesar Avon,726 Foothill and a member of the fraternity,wanted to make Council aware of the
awards the fraternity had received the previously year.
Val Gillespie.772 Foothill,said the use permit restrictions have not been adhered to and did not
support the amendment
Mayor Settle closed the public hearing.
After discussion,moved by Williams/Smith to adopt Resolution No.8710 approving the appeal,
thereby denying the use of the storage building for bedrooms; motion carried (5-0).
COMMUNICATIONS
Comm1. Council Member Romero said that another pedestrian had been hit by a car in the
crosswalk on Marsh mid-block between Chorro and Morro and that it was incumbent upon the
Council to install an integrated pedestrian signal at this location.
BUSINESS ITEM
City Council Meeting Page 6
Tuesday,September 2,1997-7:00 p.m.
4. AIRPORT AREA SPECIFIC PLAN&EIR CONTRACT (File No.154)
Council considered the Airport Area Speck Plan and Environmental Impact Report preparation.
John Mandeville.Long Range Planning Manager,gave general comments on the item and
summarized the consultant selection process and the planning process following contract
execution.
Bill Statler. Finance Director,explained how the project would be funded and explained why the
cost would be greater than originally estimated.
Mayor Settle opened the meeting for public comment.
Mary Beth Schroeder.City resident,said she felt this was a very high price tag and urged Council
not to use money from the General Fund or Water Fund to pay for this.
Shelly Stanwvck.Director of Governmental Affairs for the Chamber of Commerce,said the
Chamber was very excited on the progress to date In the consultant selection process and the
higher cost is an investment In our future.
Mayor Settle returned discussion to the dais.
After discussion, moved by Romero/Williams to 1) approve a contract with Wallace Roberts &
Todd for consultant services in the amount of$627,322 for preparation of a specific plan for the
Airport Area, related facilities master plans and an environmental impact report; .2) approve a
supplemental appropriation in the amount of$82,322 to fully fund the contract as follows: General
Fund: $44,182 and Water Fund: $45,471; and, 3) amend the interim Airport Area Annexation from
$15,328 to $15,538 in order to reflect this increased cost from earlier estimates; motion carried (5-
0).
Mayor Settle adjourned the meeting at 10:50 p.m.to Closed Session in the Council Hearing Room.
11:00 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.
Jeff Jorgensen,City Attorney,stated that no action had been taken.
There being no further business to come before the City Council,Mayor Settle adjourned the meeting
at 11:02 p.m. to Tuesday, September 9, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street,
San Luis Obispo.
APPROVED BY COUNCIL: 9/16/97
BG:dr Kim Condon,Assistant City Clerk
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,SEPTEMBER 2,1997-10:55 P.M.
COUNCIL HEARING ROOM,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: Jeff Jorgensen,City Attorney;John Dunn,City Administrative Officer
City Council held a closed session to discuss the following issue:
CONFERENCE WITH LEGAL COUSEL -ANTICIPATED LITIGATION - Initiation of Litigation pursuant
to Government Code sec. 54956.90
Number of Potential Cases: 1
11:00 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.
Kim Condon,Assistant City Clerk
APPROVED BY COUNCIL: 9116197
KC:dr