HomeMy WebLinkAbout08/18/1998, Agenda council agenda
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
Tuesday, August 18, 1998
ACTION UPDATE
6:15 P.M. CLOSED SESSION Council Hearing Room
990 Palm Street
CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code
54956.8
Property: 49 Acres in Upper Stenner Creek Canyon
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner Representatives: Union Pacific Railroad
Negotiation: Whether to Acquire
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code § 54956.9
Dennis Johnson v. City of San Luis Obispo
and
Shannon Sooy v. City of San Luis Obispo
7:00 P.M. REGULAR MEETING Council Chamber
990 Palm Street
PRESENT: Council Members Bill Roalman, Dave Romero, Dodie
Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle
Council Agenda Tuesda,,,August 18, 1998
Presentation: Mayor Settle presented outgoing Council Member Kathy Smith with a
plaque and proclamation thanking her for outstanding service to the City.
Jeff Jorgensen. City Attorney, reported on Council actions in the three matters
discussed during Closed Session.
PUBLIC COMMENT PERIOD(not to exceed 15 minutes total)
The Council welcomes your input You may address the Council by completing a speaker slip and giving
it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not
on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow
the Council to discuss or take action on issues not on the agenda, except that members of the Council or
staff may briefly respond to statements made or questions posed by persons exercising their public
testimony rights(Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports
and other written documentation relating to each item referred to on this agenda are on file in the City
Clerk's Office in Room 1 of City Hall.
CONSENT AGENDA
The Consent Agenda is approved on one motion. Council Members may pull consent items to be
considered after Business items.
C1. COUNCIL MINUTES (CONDON)
Consideration of the minutes of:
Tuesday, July 21, 1998 @ 4:00 p.m., 6:40 p.m. & 7:00 p.m.
+ .RECOMMENDATION: Waive oral reading and approve minutes as amended.
FINAL ACTION: Approved(5-0).
C2. SURPLUS REAL PROPERTY (McCLUSKEY/601-03)
Consideration of specifications for"Sale and Removal of City Property: 1015 Orcutt and
3262 Bullock," Specification No. 9608A. (Specifications are available in the Council
Office for review.)
+ RECOMMENDATION: Approve specifications and authorize staff to advertise for
bids and authorize the CAO to execute agreement(s) with the highest bidders.
FINAL ACTION: Resolution No. 8840 adopted(5-0).
2
I
Council Agenda Tuesday,-August 18, 1998
C3. CORPORATION YARD PAINTING (MCCLUSKEY/704-06)
Consideration of specifications for"Municipal Building Painting - Corporation Yard,"
Specification No. 9631; engineers cost estimate: $82,500. (Specifications are available in
the Council Office for review.)
+ RECOMMENDATION: Approve specification, authorize staff to re-advertise for
bids, and authorize the CAO to award the contract if the lowest responsible bid is within
the budget.
FINAL ACTION: Approved(5-0).
C4. SHORT TERM LEASE -879 MORRO STREET (MOSS1704-06)
Consideration of a short term, month-to-month lease of City-owned property located at
879 Morro Street to GST Call America with rent to be set at $4,000 per month. (Lease is
available for review in the Council Office.)
+ RECOMMENDATION: Approve lease to GTE Call America.
FINAL ACTION: Approved(5-0).
C5. CHARTER COMMUNICATIONS SUBSCRIBER REFUNDS (HAMPIAN/1201-
04)
Consideration of a proposed refund of$54.00 to Charter Communications cable
television subscribers who were improperly required by Sonic Cable to subscribe to its
Video Club.
+ RECOMMENDATION: Approve refund to Charter subscribers.
FINAL ACTION. Approved(5-0).
C6. DESIGNATION OF AGENT - FEMA COST RECOVERY (STATLER/1502-03)
Consideration of designating the Assistant City Administrative Officer and Director of
Finance as agents for the City for the purpose of applying for cost recovery from FEMA
and OES for damages resulting from the 1998 EI Nino storms.
+ RECOMMENDATION: Adopt resolution designating agents for the City for the
purpose of applying for cost recovery from FEMA and OES.
FINAL ACTION: Resolution No. 8835 adopted(5-0).
3
Council Agenda Tuesda, . ,august 18, 1998
C7. POOL REPLASTERING (McCLUSKEYN04-06) +
Consideration of plans and specifications for"Pool Replastering; Sinsheimer Pool,"
Specification No. 9216, estimated project cost $165,000. (Specifications are available in
the Council Office for review.)
+ RECOMMENDATION: Approve plans and specifications, authorize staff to advertise
for bids, and authorize the CAO to award contract if the lowest responsible bid is within
budget.
FINAL ACTION: Approved(5-0).
C8. AWARD OF WATERLINE CONTRACT (McCLUSKEY/704-06)
Consideration of awarding a contract for to Maino Construction Company in the amount
of$56,030 for "Water Distribution Project: Taft Street," Specification No. 9204.
+ RECOMMENDATION: Approve award and authorize the Mayor to execute the
contract.
FINAL ACTION: Approved(5-0).
C9. RAILROAD RECREATIONAL TRAIL PROPOSALS (MCCLUSKEYN04-06)
Consideration of a Request for Proposals (RFP) for"Phase II Environmental Site
Assessment of the second phase of the Railroad Recreational Trail," Specification No.
9614A, estimated to cost less than or equal to $20,000.
+ RECOMMENDATION: Approve RFP and authorize the CAO to execute a services
agreement with a qualified consultant to complete this work.
FINAL ACTION: Approved
COUNCIL LIAISON REPORTS(not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit-3 minutes.
CL1. Council Member Romero shared information on several issues discussed at the
August 5 SLSOCOG meeting. He said the board had received a progress report
regarding efforts to improve safety on Route 166, a report on the San Luis Obispo Multi-
Modal Center, a report on funding available for relocation of the Caltrans Maintenance
Station in 1998-99, and approval too construct an auxiliary traffic lane to serve
southbound vehicles from the Marsh Street on-ramp to the Madonna off-ramp. He said
the Board had also approved a final report entitled, "Welfare Reform Mobility Study,"in
4
Council Agenda Tuesday,-August 18, 1998
which the City is encouraged to expand bus service by increasing hours and days of bus
operation and realignment of some routes.
CL2. Council Member Williams said that the First Night group has hired an executive
director and will be holding a ribbon cutting on the 24" at 4:30 for the First Night Office.
She reported that a group from Napa, including a Council Member and the Director of the
Chamber of Commerce had visited Farmers'Market last Thursday night.
CL3. Council Member Smith said she had attended the last Downtown Association
meeting and that they have received 90 applications for the Thursday Night Administrator
position. She also reported that John Troutner had attended the meeting regarding his
parking problems in the downtown and that the Board was split on how he should be
accommodated. She then reported that Friday Night concert series had been very
successful this year and that the money eamed would be used to build a stage for the
event.
BUSINESS ITEM
1. COUNCIL VACANCY (HAMPIANN02-02 - 10 min.)
Consideration of setting a public hearing for Tuesday, September 8, 1998, to consider
applicants to a vacancy on the City Council for a term expiring on December 1, 2000.
+ RECOMMENDATION: Direct the City Clerk to advertise for applicants to fill this
vacancy, and set a public hearing for Tuesday, September 8, 1998.
FINAL ACTION: Approved(5-0).
PUBLIC HEARINGS
If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please speak into the
microphone and give your name and city of residence for the record. Please limit your comments to 3
minutes; consultant and project presentations limited to 10 minutes. If you challenge an issue in court,
you may be limited to raising only those issues you or someone else raised at this public hearing as
described below, or in written correspondence delivered to the City before or during the public hearing.
2. APPEAL -61 BROAD STREET (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal of the Community Development Department's
approval of the final landscape plan for the Heritage at Garden Creek, a recently
approved 64-unit senior assisted-care facility at 61 Broad Street.
5
Council Agenda Tuesday, August 18, 1998 '
+ RECOMMENDATION: Adopt resolution denying the appeal and upholding the
Community Development Department's action,
FINAL ACTION: Resolution No. 8836 adopted denying the appeal as amended to install
Queen Palms with an initial total height of 20 to 30 feet(4-1, Roalman voting no).
3. APPEAL - 1121 GEORGE ST. (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal by Tom Weddle of a Planning Commission decision
to deny a request for tandem parking in conjunction with a garage conversion for property
located on the southeast side of George Street, between Henry & Ruth Streets. (O 38-
98) (Continued from 7/7/98.)
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the
decision of the Planning Commission.
FINAL ACTION: Resolution No. 8837 adopted denying the appeal(5-0).
4. APPEAL -TK BUSINESS PARK (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal by Joseph DeLucia of the Architectural Review
Commission's (ARC) approval of a two-story, 4,968 square foot service commercial
building and site improvements within the TK business park at 173 Cross Street; ARC 90-
98.
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the
ARC's action, based on findings made by the ARC and consistency with the City's
Architectural Review Guidelines.
FINAL ACTION. Resolution No. 8838 adopted denying the appeal(5-0).
S. RAILROAD HISTORIC DISTRICT ESTABLISHMENT (JONAS/209-07-20 min.)
Public hearing to consider City initiated rezoning to add an "H" (historic preservation)
overlay to various zones to establish the Railroad Historic bistrict.
+ RECOMMENDATION: Introduce an ordinance establishing the Railroad Historic
District by adding an "H" overlay.
FINAL ACTION: Ordinance No. 1342 introduced to print(5-0).
6. HISTORIC PROPERTIES NOMINATIONS (JONAS/209-04 - 30 min.)
Public hearing to consider properties nominated to the Master List of Historic Resources
and Contributing List of Historic Resources by the Cultural Heritage Committee.
6
Council Agenda Tuesday,-August 18, 1998
♦ RECOMMENDATION: Adopt resolution adding two properties to the Master List
and 15 properties to the Contributing List.
FINAL ACTION. Resolution No. 8839 adopted(5-0).
COMMUNICATIONS(not to exceed 15 minutes)
At this time, any Council Member or the City Administrative Officer may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies
and Procedures, they may provide a reference to staff or other resources for factual information, request
staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct
staff to place a matter of business on a future agenda (Gov. Code Sec.54954.2).
Comm. 1. Council Member Romero reminded his colleagues about the Quarterly
Channel Counties meeting in Pismo Beach on Friday, August 21.
Comm. 2. Council Member Roalman said he had a conversation with a representative of
the Motel Association who was interested in coordinating a meeting with the Finance
Department and a group from the association before the audits begin.
Bill Stader. Finance Director, said there was a meeting scheduled for 9:00 a.m. tomorrow
morning to meet with all the hotel operators.
Comm. 3. Council Member Roalman said he was having dMiculty attending the Student
Housing Task Force meetings and asked if another Council Member could attend the
meeting on Thursday. There being no Council Members able to attend, Amo/d Jonas
was asked to represent the City and report back to Council.
BUSINESS ITEMS
7. THURSDAY NIGHT RULES & REGULATIONS (HOLLEY/210-03 - 10 min.)
Consideration of clarifying language regarding solicitation of funds for merchandise by
not-for-profit groups at Thursday Night Activities (Farmers' Market).
i RECOMMENDATION: Approve clarifying language.
FINAL ACTION: Approved(5-0).
8. ANNEXATION REQUEST (JONAS/208-03-30 min.)
\Consideration of annexing part of the Margarita Area in response to land owners' request.
7
Council Agenda Tuesdo„ August 18, 1998 '
f RECOMMENDATION: Allow the requesting owners to proceed with annexation,
provided they pay the applicable processing fees.
FINAL ACTION: Approved(4-1, Roalman voting no).
9. CONSULTANT SERVICES -CONSERVATION ELEMENT (JONAS/704-06 - 15
min.)
Consideration of a Request for Proposals (RFP) and scope of work for consultant
services to update the Conservation Element of the General Plan. (RFP is available in
the Council Office for review.)
i RECOMMENDATION: 1) Approve the recommended draft workscope; 2) authorize
staff to solicit consultant proposals; and, 3) authorize the CAO to contract for consultant
services up to $74,000.
FINAL ACTION: Approved(5-0).
A. ADJOURNMENT.
8
% Agenda Distribution List
r' `98)
I. Unpaid Subscriptions:
(All mtgs.unless o/w noted)
1 council apenaa AIA President
ASI President
. CITY OF SAN LUIS OBISPO BIA /Deborah Holley
CITY , HALL, .990 PALM STRE1 Chamber of Commerce
Cuesta College / K. Roberts
B. Thoma / Chamber of Comm.
Co. Board of Spvrs.
Paul Hood, Co.Administration
Tuesday, August 18, 19 Housing Authority
KCOY
KCPR: (2) Gen.Mgr. & News Dir.
s:tSp-M- CLOSED SESSION KDDB
KEYT
KGLO
KKJG
KSBY
CONFERENCE WITH PROPERTY NEGOTIATOR - Pursu KvVC
54956.8 KPRL
Library (front desk)
Mustang Daily
Property: 49 Acres in Upper Stenner Cre New Times (front desk)
PacNegotiating Parties: City of San Luis Obispo: Neil I Pac.Bell Gas & Elec. / B.Burke
Property Owner Representative Planning Comm. (Is Comm. Dev.)
Negotiation: Whether to Acquire So. Calif. Gas / V. Sterling
Council of Govts / R. DeCarli
League of Women Voters
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITH PublicaInterest eActiontctr.
Government Code ¢ 54956.9 ECOSLO / Geoffry Land
Res.forQual.Neigh / C.Sanders
SieDennis Johnson v. City of San Luis Obispo SLOrPropera rty/OwnersFAssoc.
Fred Strong (The Citizen)
and Sonic Cable/Jackie
UNOCAL/J. Bray
Telegram Tribune/S.Lyons
Shannon Soov v. City of San Luis Obispo Peg Pinard/SLO County
Capps
Dahan/Ewan/Marx
7:00 P.M. REGULAR MEETING
II.Subscriptions Paid or
Env. Provided
(recr.mtcs.only)
:
CALL TO ORDER: or Ma Allen K. Settle Easter Rents, Inc.
Mayor IMS/S. Krautheim
PLEDGE OF ALLEGIANCE EDA (Engr. Dev. Assoc.)
ROLL CALL: Council Members Bill Roalman,
El
chCapital Corp.
Williams, Vice Mayor Kathy Smr Local Government Services
RRM Design Group / LeeAnne
Vista Information Services
Wallace, John L. & Assocs.
® Walter Bros. Construction Co.
A. J. Diani Construction
Regular City Council meetings are broadcast on KCPR, 91.3 FM. The City a Fugro/McClelland
the disabled in all of its services,programs,and activities. Telecommunications Device f Cannon Assoc.
to the City Clerk prior to the meeting if you require a hearing amplification device. For me SLO Assoc of Realtors
Kimley-Horn
Heritage Oaks Bank
I
w
Council Agenda Tuesu August 18, 1998 .�
_PUBLIC-COMMENT.PERIOD(sotto exceed I tririutes.t0tal)
The Council weloomes.your input_YQkLmay address the Council by completing a speaker,slip and4*9
t•to the City Clerk priorfio the meeting:-At this'tinie,,.you,may address the'Council on items.ttrat are not
-Dn.the agenda:or,items on:fha-ronsent-Agend%l -..Mme lirnd is three.minutes._.-SUle:law does-not allow
the,Couricl to discuss o�talie.ai1ion.on issues not on lhe-ager►da,,except that members of the Courral or
staff may briefly respond to statements^made or:questions posed .:by persons exercising 'their public-'
.testimony rights(Gov'Code Sec:54W.2) . Staff may be allied to follow.tip on such items. Staff reports
aril other wrkten doarmentation`n:lating,toy
"iters-referred to-owthis.agenda are on file in the City
Clerii's Office in Room 1 of City Hall, .
CON SENT•AGENDA
The Consent Agenda is approyed on one motion. Council Memtrers:may ,pull consent items to be
considered afterEusiness items.
C1. COUNCIL MINUTES (CONDON)
Consideration of the minutes of:.
Tuesday, July 21, 1998 @ 4:00 p.m., 6:40 p.m. & 7:00 P.M.
+ RECOMMENDATION: Waive oral reading and approve minutes as amended.
C2. SURPLUS REAL PROPERTY (McCLUSKEY/601-03)
Consideration of specifications for"Sale and Removal of City Property: 1015 Orcutt and
3262 Bullock," Specification No. 9608A. (Specifications are available in the Council
Office for review.)
+ RECOMMENDATION: Approve specifications and authorize staff to advertise for
bids and authorize the CAO to execute agreement(s) with the highest bidders.
C3. CORPORATION YARD PAINTING (McCLUSKEY/704-06)
Consideration of specifications for"Municipal Building Painting - Corporation Yard,"
Specification No. 9631; engineers cost estimate: $82,500. (Specifications are available in
the Council Office for review.)
+ RECOMMENDATION: Approve specification, authorize staff to re-advertise for
bids, and authorize the CAO to award the contract if the lowest responsible bid is within
the budget.
2
;y Council Agenda Tuesd. , , August 18, 1998
C4. SHORT TERM LEASE -879 MORRO STREET (MOSS/704-06)
Consideration of a short term, month-to-month lease of City-owned property located at
879 Morro Street toGST Call America with rent to be set at$4,000 per month. (Lease is
available for review,in the Council Office.)
+ RECOMMENDATION: Approve lease to GTE Call America.
C5. CHARTER COMMUNICATIONS SUBSCRIBER REFUNDS (HAMPIAN/1201-
04)
Consideration of a proposed refund of$54.00 to Charter Communications cable
television subscribers who were improperly required by Sonic Cable to subscribe to its
Video Club.
+ RECOMMENDATION: Approve refund to Charter subscribers.
C6. DESIGNATION OF AGENT- FEMA COST RECOVERY (STATLER/1502-03)
Consideration of designating the Assistant City Administrative Officer and Director of
Finance as agents for the City for the purpose of applying for cost recovery from FEMA
and OES for damages resulting from the 1998 EI Nino.storms.
+ RECOMMENDATION: Adopt resolution designating agents for the City for the
purpose of applying for cost recovery from FEMA and OES.
C7. POOL REPLASTERING (McCLUSKEW704-06)
Consideration of plans and specifications for"Pool Replastering; Sinsheimer Pool,"
Specification No. 9216, estimated project cost$165,000. (Specifications are available in
the Council Office for review.)
+ RECOMMENDATION: Approve plans and specifications, authorize staff to advertise
for bids, and authorize the CAO to award contract if the lowest responsible bid is within
budget.
C8. AWARD OF WATERLINE CONTRACT (MCCLUSKEY/704-06)
Consideration of awarding a contract for to Maino Construction Company in the amount
of$56,030 for "Water Distribution Project: Taft Street," Specification No.9204.
+ RECOMMENDATION: Approve award and authorize the Mayor to execute the
contract.
3
Council Agenda Tuesc August 18, 1998 '\
C9. RAILROAD RECREATIONAL TRAIL PROPOSALS (MCCLUSKEY/704-06)
Consideration of a Request for Proposals (RFP)for"Phase II Environmental Site
Assessment of the second phase of the Railroad Recreational Trail," Specification No.
9614A, estimated to cost less than or equal to $20,000.
+ RECOMMENDATION: Approve RFP and authorize the CAO to execute a services
agreement with a qualified consultant to complete this work.
C%i4CIL.LIAIS.ONAaPORTS(riotfio exceed 15minutes)
Council Members:report on conferenctt oriother.City adyvities. Time iimit�"minutes.
igUSINESS ITEM
1. COUNCIL VACANCY (HAMPIAN/702-02 - 10 min.)
Consideration of setting a public hearing for Tuesday, September 8, 1998, to consider
applicants to a vacancy on the City Council for a term expiring on December 1, 2000.
+ RECOMMENDATION: Direct the City Clerk to advertise for applicants to fill this
vacancy, and set a public hearing for Tuesday, September 8, 1998.
PUBLIC HEARING_S
-if-you have .filled out.-a Speaker Sup, the mayor'will call.;you tothe podium. .Please speak into the
microphone andgivei. ce your name and dty of residenfor-the record. Please limit your comments.to 3
minutes consultaht.and project prestntabons limited.to 10-,minutes' If.you challenge an issue in court,
you maybe limited 1o.raising.only those issues you-or-someone else raised at this publicbearing as
described below, or-in.written corse-s-0 ndeftexielivered to the City.before or during the publichearing.
2. APPEAL -61 BROAD STREET (JONAS/201-11 -30 min.)
Public hearing to consider an appeal of the Community Development Department's
approval of the final landscape plan for the Heritage at Garden Creek, a recently
approved 64-unit senior assisted-care facility at 61 Broad Street.
+ RECOMMENDATION: Adopt resolution denying the appeal and upholding the
Community Development Department's action.
4
A
Council Agenda Tuesd.. August 18, 1998
3. APPEAL -1121 GEORGE ST. (JONAS/201-11 - 30 min.) �.• ,'.�s.`.
,1
Public hearing to consider an appeal by Tom Weddle of a Planning Commission decision
to deny a request for tandem parking in conjunction with a garage conversion for property
located on the southeast side of George Street, between Henry & Ruth Streets. (O 38-
98) (Continued from 7/7/98.)
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the L.
decision of the Planning Commission.
4. APPEAL -TK BUSINESS PARK (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal by Joseph DeLucia of the Architectural Review
Commission's (ARC) approval of a two-story, 4,968 square foot service commercial
building and site improvements within the TK business park at 173 Cross Street; ARC 90-
98.
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the
ARC's action, based on findings made by the ARC and consistency with the City's
Architectural Review Guidelines.
S. RAILROAD HISTORIC DISTRICT ESTABLISHMENT (JONAS/209-07-20 min.)
Public hearing to consider City initiated rezoning to add an "H" (historic preservation) �,v4
overlay to various zones to establish the Railroad Historic District. ,
+ RECOMMENDATION: Introduce an ordinance establishing the Railroad Historic
District by adding an "H" overlay.
6.- HISTORIC PROPERTIES NOMINATIONS (JONAS/209-04- 30 min.)
Public hearing to consider properties nominated to the Master List of Historic Resources
and Contributing List of Historic Resources by the Cultural Heritage Committee.
+ RECOMMENDATION: Adopt resolution adding two properties to the Master List
and 15 properties to the Contributing List.
COMMUNICATIONS(not to exceed 15 minutes)
At this time, any.Council Member or the City Administrative Officer may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies
and-Procedures, they may provide a reference to staff or other resources for factual information,request
staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct
staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2).
5
Council Agenda Tuesc August 18, 1998 't
EUSINESS ITEMS '-
7. THURSDAY NIGHT RULES & REGULATIONS (HOLLEY/210-0.3.- 10 min.)
Consideration of clarifying language regarding solicitation of funds for merchandise by
not-for-profit groups at Thursday Night Activities (Farmers' Market).
+ RECOMMENDATION: Approve clarifying language.
S. ANNEXATION REQUEST (JONAS/208-03 - 30 min.)
Consideration of annexing part of the Margarita Area in response to land owners'.request.
+ RECOMMENDATION: Allow the requesting owners to proceed with annexation,
provided they pay the applicable processing fees.
9. CONSULTANT SERVICES -CONSERVATION ELEMENT (JONAS/704-06- 15
min.)
Consideration of a Request for Proposals (RFP) and scope of work for consultant
services to update the Conservation Element of the General Plan. (RFP is available in
the Council Office for review.)
+ RECOMMENDATION: 1)Approve the recommended draft workscope; 2) authorize
staff to solicit consultant proposals; and, 3) authorize the CAO to contract for consultant
services up to $74,000.
A. ADJOURNMENT.
6
Steve & Lisa Hoyt Brad LaRose-Chairman Smith & Company
1444 Doral Court SLO Railroad Museum 555 Ramona Drive
San Luis Obispo, CA 93401 1998 Santa Barbara St. San Luis Obispo, CA 93405
San Luis Obispo, CA 93401
Mike Peachey Karl Hovanitz-Vice Chair Hamish Marshall,Project Manager
APS Architects SLO Railroad Museum 555 Ramona Drive
444 Higuera Street, Ste 201 1998 Santa Barbara St. San Luis Obispo, CA 93405
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
Joe DeLucia Brent MacGregor-Board Member Bill McLennan
P. 0. Box 1286 SLO Railroad Museum 1022 Mill Street, Suite E
San Luis Obispo, CA 93 19g6 1998 Santa Barbara St. San Luis Obispo, CA 93401
San Luis Obispo, CA 93401
Tim Woodle
Pults & Associates
1401 Higuera Street
San Luis Obispo, CA 93401
\ 113 .114 #5
1121 George 1535 Carmel _ Crossroads Devel.
Tom Weddle lli Earl Tickell. Jesse No�fris and Will am
121 George Street 3233 avis Canyon Road PortzeA l I
an Luis Obispo, CA 93401 2047 W ldin Lane
S n Luis
Obispo, C9 93405 � g .
San L is Obispo, CA 93401
I
Tom eddle illiam Earl Tic�Cell Rob Strang
1121 org treet 233 David Canyon Road / Strong Planing Se ices
S��- Oblsgo, CA 93401 and Luis Obispo; CA 93405 44/ Higuerla Stree 11201
Sa Luis, Obispo, A 93401
Jerry Vaughan Kil Martin I esse No is and William
1105 George Street 15'L1 Carnel Street ortzell
San Luis Obispo, CA 93401 Saiz Luis Obispo, CA 193401 2047 Wil ing La
I ( San Luis Obispo CA 93401
� /1
Jerry Vaughan i Martin I ob Strong
1105 George Street 5 1 Carmel treettrong Plan Ing ervices
San Luis Obispo, CA 93401 an Luis Obi po, C 93401 444 Higuera r et 11201
San Luis Obispo, CA 93401
Residents for Quality Resi nts or Quali y
Neighborhoods Neig or nods
P. 0. Box 12604 P. 0. Box 12604
San Luis Obispo, CA 93406 San Luis Obispo, CA 93406
MEET fN AGENDA
C �
DATE
f
' UNCIL CDD DIR
Brad Schwan ORNEY ❑FPW DIRIEF73 Chorro ERKIORIG ❑POLICE CHFSan Luis Obispo, CA. 93405 MT TEAM ❑RE DIR
(805) 545-0741 o PIs o R
bradna�punk.net
May 11, 1998
Dear Council Member,
I am writing to inform you of my recent experience with the
Architectural Review Commission. While my experience was not
pleasant, I believe that the City Councils desire to preserve the unique
characteristics of San Luis Obispo are important. My intent is to inform
you of shortcomings and provide some suggestions that will make the
architectural review process more efficient and allow for greater
cooperation between the members ARC and those who come before
them seeking approval for their projects.
The project which brought me before the ARC was a deck improvement
project at the rear of my property located at 726 Higuera St. I will use
some of my experiences resulting from the deck project as examples of
the ARC shortcomings. Included with this letter is a history of what has
occurred since I began the project. I hope you will take the time to read
this so that you may better understand my frustrations and those of
others who have not spoken up.
The ARC as it is now is an incomplete system. It lacks reasoning.
Decisions are made without thinking through all of the consequences or
all the possibilities. It is not the people it is the process. As the ARC is
now, there is not enough information available to make good decisions.
To make good decisions all aspects of a project need to be considered.
The current method by which the ARC operates does not allow for this
information to be considered.
While designing any construction project there are different aspects that
need to be considered equally:
Collaction Pro
Cnleet
1. The Public: how it will impact the community and surrounding
properties.
2. Cost: will the improvements offer a great enough return to make
doing the project worth while. These costs are measured both in
monetary return and self-fulfillment.
3. Function: to design the project for its intended use.
4. Longevity/Maintenance: to use materials and design to get the
maximum amount of longevity from the project and to make it easy
to maintain.
5. Ambiance: the quality of how a certain place will make you feel how
it looks and its comfort.
6. Engineering: the best way to do the constructing in order to insure the
greatest efficiency of the above aspects.
All of the above aspects need to be considered equally and at the same
time. If just one aspect is considered solely and in disregard for the
others it will degrade the project in its entirety. For example, when
building a deck, if cost were the only aspect we considered, then we
might use Doug fir and cheap hardware. But the deck would rot and
collapse in a few years. If we were to use longevity as our only aspect,
then we might make the deck out of stainless steel; of course it would be
hot in the sun, would look terrible and cost a fortune, but it would last
forever. The result of considering any aspects independently and
disregarding the others diminishes the overall value of the project.
When the ARC reviews a project they consider just one or two aspects of
a project. This is the major flaw in how the ARC operates.
When I designed the deck on the back of Kona Deli at 726 Higuera I
spent months considering how to best take into consideration all of the
above aspects. I researched materials, the lay of the land, the natural
resources available at the site, and how to maximize enjoyment of the
public which eats at my deli and for those who are just passing by. I
considered all of the above aspects and worked them into the plan. I
worked for over a year to save the money to build this deck. I had vision
and a congruent perception of what it would look like and how it would
fit into the surrounding environment. When the ARC reviewed my
project, most of the commissioners did not even walk by the site and
none of them considered the above aspects. As you know, the ARC first
hears staff, then the developer, and then the public. It then closes the
discussion to the public and the developer and discusses amongst itself,
dictating its verdict with no further consideration to the developer. While
they were discussing my project, it was all I could do to keep from
standing up and saying, `you don't know what you are talking about!'
What about longevity? What about function? What about engineering?
In fact they completely redesigned my deck using different materials and
a new layout. They did this strictly from one aspect. In a matter of 30
minutes, site unseen, they dictated to me a poor compromise of the
project that I had been working on for over a year.
A second problem is subjective interpretation of vaguely written city
policy. It is not hard to read whatever you want into the verbiage of a
document by choosing a few choice sections and interpreting them to
back up your point.. For example, when I presented my plans to Pam
Ricci she chose to consider a wood surface different than a brick and
rock surface, even though they serve the same purpose. This should have
been viewed as a repair of the existing surface rather than a new
structure. The roots were pushing up all of the brick. A wood deck
would fix the problem. Another way it could have been viewed is that
the existing granite buttress and brick deck were considered a structure.
In the creek setback rules a structure could be rebuilt using the same
footprint as before. Again it was a subjective decision that the previous
deck and buttress not be considered a structure even though the buttress
is over three feet thick, fifteen feet tall, has three sides and was originally
built as a support for a bridge. Because of Pam Ricci's interpretation of
this as new construction instead of an improvement, it required
consideration by the ARC and fell into the creek setback rules. If this
project was viewed in a different light, all of this nonsense would not
have been necessary.
A third problem is that of keeping the ARC within the scope of what
they were intended to do. They should not be dictating materials and
redesigning plans. This seems to be something the City Council tried to
avoid because the City's handbook on architectural review states on page
13 that, "The City does not dictate particular styles of architecture or
design". This is far beyond their competency and scope of authority,
given the amount of time they spend on each project. At the first
meeting, one commissioner talked extensively about how one cannot
build a wood deck over the roots of an oak tree because it traps moisture
and eventually kills the tree. This, in actuality, is not true, and a wood
deck is a much better solution than the brick that they decided I should
have to use. None of them talked to me about any of my needs as a
restaurant operator and a business owner. None of them took into
account all of the aspects needed to design a project.
The fourth problem is about the amount of effort it has taken me to get
this far, and it is not over yet. I have spent more time dealing with city
bureaucracy then I have actually working on the deck. Because of this,
some quality has been compromised because I could not be there to over
see. There has been a lot of work that I have paid someone else to do
because I was taking care of all of this nonsense. This is a real drain on
my passion. I enjoy creating but all of this takes the fun out of it. I can
not stress enough how important it is for this city to encourage
individuals with passion to create and build. If you chase away those of
us who are willing to create, this town will become just like any ordinary
city with all of the chain stores and particleboard track homes but none
of the character, none of the individuality. Some day you may ask what
happened to the good old days when this city was some place special
and why is it that the best job in town is managing a chain store.
The fifth problem is that the ARC acts as the judge, the jury and the
prosecution. That is, that they interpret the law, they decide what is right
or wrong and they pronounce judgment. The defendant has no say, no
rights and no defense, no matter how nonsensical or how much what
they dictate diminishes the project. The only recourse is to again take
time and effort to present this before the City Council. It would be better
to resolve these issues without the necessity of bringing them before the
City Council.
My business is not about making money, it is about providing a service,
an experience, and a value for my customers. The money I make is a
reward for providing what the public wants. The plan I brought before
the ARC was what should have been approved as it was. It is what
eventually was built because it was the only plan that made sense. In the
mean time, I have wasted $8500 in out of the pocket money, and
countless thousands in opportunity costs. Had the ARC taken the
approach of`what can we do to help you', looked at this from all of the
aspects, learned what was needed, made suggestions, and used their
collective knowledge to improve the whole, this expensive wasteful mess
could have been avoided. My project may even have been enhanced.
Given the above arguments, I propose that an alternate form of the ARC
be adopted. There are many different ways that this could be done to
alleviate the above mentioned problems. The important thing is that
projects get looked at in their entirety. That every aspect gets addressed..
That clear policy is adopted. That clearly defined limits be placed on
what the ARC can and can not impose. That all of this is done
inexpensively and expediently. That a non bias decision be made
independent of the city and the developer, one that is made by someone
that is impartial and neutral and can look at each project objectively.
That there is a way for an impartial judgement, which is both
knowledgeable and fair, and that the ARC be kept from an omnipotent
position of judgment.
One way to do this would be the following: I propose that there is
someone that is elected by the people that will act as an arbitrator
between the developer and a commission of five people similar to the
ARC that we now have. When a developer brings a project to the city,
which would require ARC review, he would present his idea to the
arbitrator and the commission. The commission and staff would act on
behalf of the public. The developer would act on behalf of the project.
The commission would make suggestions and offer solutions from its
collective knowledge base, the developer would respond to these
suggestions according to its needs. Both sides could express their views
about each issue. The arbitrator's job would be to consider all aspects of
a project, to ask questions and get to know what is needed on both sides,
to encourage dialog and resolutions that were mutually beneficial
between the ARC and the developer. In the case of a dispute, his job
would be to review all of the material and consider the arguments and
make a judgment. The difference being that the arbitrator would not
dictate what should be done, but that he weighs all of the aspects of the
project, considers both sides and makes a decision accordingly. It would
be a give and take situation where both sides could express their
concerns and their needs on all aspects of a project in a non biased,
helpful environment with equal consideration on both sides. An
atmosphere of mutual benefit would result in much better solutions.
Sincerely,
Brad Schwan
council agenda
CITY OF SAN LUIS OBISP O
CITY HALL, 990 PALM STREET
Tuesday, August 18, 1998
tis P M 6LOSED SESSIONCouncll'HeaHngRooM-
-990
990'Palm Street
CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code
54956.8
Property: 49 Acres in Upper Stenner Creek Canyon
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner Representatives: Union Pacific Railroad
Negotiation: Whether to Acquire
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to
Government Code $ 54956.9
Dennis Johnson v. Citv of San Luis Obispo
and
Shannon Soov v. City ofSanLuis Obispo
1:00 P.M. `REGULAR:MEETING° Connell Chamber
990 Palm Street
CALL TO ORDER: Mayor Allen K. Settle
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Bill Roalman, Dave Romero, Dodie
Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle.
® Regular City Council meetings are broadcast on KCPR, 91.3 FM. The City of San Luis Obispo is committed to include
the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf(505)781-7410. Please speak
to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information,call 781-7103.
Council Agenda Tuesdi August 18, 1998
PUBLIC COMMENT PERIOD(not to exceed-M minutes total)
The Council welcomes your input You may.*address the Council by completing a speaker slip and giving
it-to the*Clerk prior to the meeting. At this time,you may address the Council on items that are not
on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does'not allow
the Council to discuss or take action on issues not on theagendd,'except that members of the Council or
staff may briefly respond to statements made or questions posed by persons exercising their public
tei9 mony rights(Gov. Code Sec.549542). Staff may be asked to follow up on such items. Staff reports
and other written documentation relating to each item referred to on this agenda are on file in the City
Clerk's Office in Room 1 of City Hall.
CONSENT AGENDA
The Consent Agenda is approved on one,motion. Council Members may pull consent items to be
considered after Business items.
C1. COUNCIL MINUTES (CONDON)
Consideration of the minutes of:
Tuesday, July 21, 1998 @ 4:00 p.m., 6:40 p.m. & 7:00 p.m.
+ RECOMMENDATION: Waive oral reading and approve minutes as amended.
C2. SURPLUS REAL PROPERTY (McCLUSKEY/601-03)
Consideration of specifications for"Sale and Removal of City Property: 1015 Orcutt and
3262 Bullock," Specification No. 9608A. (Specifications are available in the Council
Office for review.)
+ RECOMMENDATION: Approve specifications and authorize staff to advertise for
bids and authorize the CAO to execute agreement(s) with the highest bidders.
C3. CORPORATION YARD PAINTING (McCLUSKEY/704-06)
Consideration of specifications for"Municipal Building Painting - Corporation Yard,"
Specification No. 9631; engineers cost estimate: $82,500. (Specifications are available in
the Council Office for review.)
+ RECOMMENDATION: Approve specification, authorize staff to re-advertise for
bids, and authorize the CAO to award the contract if the lowest responsible bid is within
the budget.
2
Council Agenda TuesdL.. August 18, 1998
C4. SHORT TERM LEASE-879 MORRO STREET (MOSS/704-06)
Consideration of a short term, month-to-month lease of City-owned property located at
879 Morro Street to GST Call America with rent to be set at$4,000 per month. (Lease is
available for review in the Council Office.)
+ RECOMMENDATION: Approve lease to GTE Call America.
C5. CHARTER COMMUNICATIONS SUBSCRIBER REFUNDS (HAMPIAN/1201-
04)
Consideration of a proposed refund of$54.00 to Charter Communications cable
television subscribers who were improperly required by Sonic Cable to subscribe to its
Video Club.
+ RECOMMENDATION: Approve refund to Charter subscribers.
C6. DESIGNATION OF AGENT-FEMA COST RECOVERY (STATLE R/1 502-03)
Consideration of designating the Assistant City Administrative Officer and Director of
Finance as agents for the City for the purpose of applying for cost recovery from FEMA
and OES for damages resulting from the 1998 EI Nino storms.
+ RECOMMENDATION: Adopt resolution designating agents for the City for the
purpose of applying for cost recovery from FEMA and OES.
C7. POOL REPLASTERING (McCLUSKEY/704-06)
Consideration of plans and specifications for"Pool Replastering; Sinsheimer Pool,"
Specification No. 9216, estimated project cost$165,000. (Specifications are available in .
the Council Office for review.)
+ RECOMMENDATION: Approve plans and specifications, authorize staff to advertise
for bids, and authorize the CAO to award contract if the lowest responsible bid is within
budget.
C8. AWARD OF WATERLINE CONTRACT (MCCLUSKEY/704-06)
Consideration of awarding a contract for to Maino Construction Company in the amount
of$56,030 for "Water Distribution Project: Taft Street," Specification No. 9204.
+ RECOMMENDATION: Approve award and authorize the Mayor to execute the
contract.
3
Council Agenda Tuesd: . August 18, 1998
C9. RAILROAD RECREATIONAL TRAIL PROPOSALS (McCLUSKEY/704-06)
Consideration of a Request for-Proposels (RFP) for"Phase II Environmental Site
Assessment of the second phase of the Railroad Recreational Trail," Specification No.
9614A, estimated to cost less than or equal to $20,000.
♦ RECOMMENDATION: Approve RFP and authorize the CAO to execute a services
agreement with a qualified consultant to complete this work.
COUNCIL LIAISON REPORTS jnot to exceed 15 minutes) _
CounciFMembets`reporton.corrferen_ces or.other Citty'acgvities: ime limit�p.minutes.
BUSINESS ITEM;._. `.
1. COUNCIL VACANCY (HAMPIAN/702-02 - 10 min.)
Consideration of setting a public hearing for Tuesday, September 8,- 1998, to consider
applicants to a vacancy on the City Council for a term expiring on December 1, 2000.
♦ RECOMMENDATION: Direct the City Clerk to advertise for applicants to fill this
vacancy, and set a public hearing for Tuesday, September 8, 1998.
.PUBLIC HEARINGS
If you have_filled out a Speaker-Slip,;the Mayor will call you:to.the podium. ,Please speak into the
microphone and.give yourname-and city of residence forthe record'. Please limit your comments.to 3
minutes;consultant and project prese6tationsliri ited:to 10 minutes.,,of you challenge an issue in:court,
you may be limited'to raising only4o;se issues`.you.orIsome one else raised at this public hearing as
described below,.orin written correspondence delivered.wthe!City.before or dunngahe public hearing.
2. APPEAL -61 BROAD STREET (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal of the Community Development Department's
approval of the final landscape plan for the Heritage at Garden Creek, a recently
approved 64-unit senior assisted-care facility at 61 Broad Street.
♦ RECOMMENDATION: Adopt resolution denying the appeal and upholding the
Community Development Department's action.
4
Council Agenda Tueso. ,, August 18, 1998
3. APPEAL -1121 GEORGE ST. (JONAS1201-11 - 30 min.)
Public hearing to consider an appeal by Tom Weddle of a Planning Commission decision
to deny a request for tandem parking in conjunction with a garage conversion for property
located on the southeast side of George Street, between Henry & Ruth Streets. (O 38-
98) (Continued from 7/7/98.)
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the
-decision of the Planning Commission.
4. APPEAL -TK BUSINESS PARK (JONAS/201-11 - 30 min.)
Public hearing to consider an appeal by Joseph DeLucia of the Architectural Review
Commission's (ARC) approval of a two-story, 4,968 square foot service commercial
building and site improvements within the TK business park at 173 Cross Street; ARC 90-
98.
+ RECOMMENDATION: Adopt resolution denying the appeal, and upholding the
ARC's action, based on findings made by the ARC and consistency with the City's
Architectural Review Guidelines.
5. RAILROAD HISTORIC DISTRICT ESTABLISHMENT (JONAS/209-07 -20 min.)
Public hearing to consider City initiated rezoning to add an "H" (historic preservation)
overlay to various zones to establish the Railroad Historic District.
+ RECOMMENDATION: Introduce an ordinance establishing the Railroad Historic
District by adding an "H" overlay.
6. HISTORIC PROPERTIES NOMINATIONS (JONAS/209-04 -30 min.)
Public hearing to consider properties nominated to the Master List of Historic Resources
and Contributing List of Historic Resources by the Cultural Heritage Committee.
+ RECOMMENDATION: Adopt resolution adding two properties to the Master List
and 15 properties to the Contributing List.
COMMUNICATIONS(not to exceed 15 minutes)
At this time, any Council Member or the City Administrative Officer may ask a question for clarification,
make an-announcement, or report brieflyon his or her activities. In addition, subject.to Council Policies
and Procedures,they may provide a reference to staff or other resources for factual information, request
staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct
staff to place a matter of.business on.a future agenda(Gov. Code Sec.54954.2).
5
Council Agenda Tuesd.,, August 18, 1998
`fUt1NESS'rfFMS
7. THURSDAY NIGHT RULES & REGULATIONS (HOLLEY/210-03 - 10 min.)
Consideration of clarifying language regarding solicitation of funds for merchandise by
not-for-profit groups at Thursday Night Activities (Farmers' Market).
+ RECOMMENDATION: Approve clarifying language.
8. ANNEXATION REQUEST (JONAS/208-03 - 30 min.)
Consideration of annexing part of the Margarita Area in response to land owners' request.
+ RECOMMENDATION: Allow the requesting owners.to proceed with annexation,
provided they pay the applicable processing fees.
9. CONSULTANT SERVICES -CONSERVATION ELEMENT (JONAS/704-06- 15
min.)
Consideration of a Request for Proposals (RFP) and scope of work for consultant
services to update the Conservation Element of the General Plan. (RFP is available in
the Council Office for review.)
+ RECOMMENDATION: 1)Approve the recommended draft workscope; 2) authorize
staff to solicit consultant proposals; and, 3) authorize the CAO to contract for consultant
services up to $74,000.
A. ADJOURNMENT.
6