HomeMy WebLinkAbout02/06/1996CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 6, 1996 - 6:30 PM
CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams,
Vice -Mayor Dave Romero and Mayor Allen Settle
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney
Council held a closed session to discuss the following issue:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(pursuant to Government Code Section 54956.9)
Name of Case: City v. Varnas
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Council discussion existing litigation with City Attorney Jeff Jorgensen.
7:00 PM Mayor Settle declared a recess to open session in the Council ers, where a public
report of the action taken in closed session would be given.
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Kin'3,Condod, assistant City Clerk
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 6, 1996 - 7:00 P.M.
CITY HALL - COUNCIL CHAMBER - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice
Mayor Dodie Williams, and Mayor Allen Settle
Absent: None
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; Ron Whisenand, Current Planning Manager Whitney
Mclivaine, Associate Planner; Mike McCluskey, Public Works
Director; Terry Sanville, Transportation Planner; Paul LeSage, Parks
and Recreation Director; Bob Neumann, Fire Chief
Jeff Jorgensen, City Attorney, reported that the City Council had held a closed session regarding
existing litigation, City v. Vargas, and that there were no further details available at this time.
PUBLIC COMMENT PERIOD
P.C.1. Don Dennison, King of Mardi Gras, read a proclamation honoring the event and invited
everyone to "let the good times roll" on Saturday, February 17th.
P.C.2. Eugene Jud. San Luis Obispo, asked for clarification on Council direction regarding the
Marsh Street Parking Garage expansion and Alternative Transportation Study considered at the
January 16, 1996 meeting.
P.C.3. Christopher Ambler, and the cast of Cal Poly's Rocky Horror Show, presented passes to
Council to attend a performance.
PRESENTATION
SLOCOG and Caltrans presented a briefing on the Draft EIR/EIS for the Route 101 Cuesta Grade
Project.
Steve Devencenzi, Senior Planner SLOCOG, reviewed the draft EIR for the Route 101 Cuesta Grade
improvement project.
Gary Albright, Caltrans, said that the project's primary purpose is to ease congestion on the grade
and examined the four alternatives under consideration.
Wendy Waldron, Caltrans Environmental Specialist, summarized the outcome of the two "open
house" public hearings that have been held to date.
Council held no discussion and took no action on the presentation. This item is scheduled to
come before the City Council on Tuesday, March 5, 1996.
CONSENT AGENDA
Moved by Williams /Romero to approve the Consent Agenda as recommended by the City
Administrative Officer; motion carried (5 -0).
C1. COUNCIL MINUTES (CONDON)
Tuesday, January 16, 1996 at 7:00 p.m.; 1
Tuesday, January 23, 1996 at 8:00 a.m. (Advisory Body Subcommittee);
Tuesday, January 23, 1996 at 7:00 p.m.;
City Council Meeting Page 3
Tuesday, February 6, 1996 -7:00 p.m.
Thursday, January 25, 1996 at 12:00 p.m. (Advisory Body Subcommittee); and
Friday, January 26, 1996 at 12:00 p.m. (Advisory Body Subcommittee)
Moved by Williams/Romero to waive oral reading and approve minutes as amended; motion carried
(5 -0).
C2. RAILROAD BIKE PATH DESIGN SERVICES (File No. 9098)
Council considered a Request for Proposal (RFP) for "Design Services; Railroad Bicycle Path Phase
:. I," Specification No. 9098.520.552.
Moved by Williams /Romero to approve RFP and authorize the City Administrative Officer to award
an agreement for design services if the cost does not exceed $35,000 plus contingencies; motion
-- carried (5-0).
C3. COPYING SERVICES RFP (File No. 9685)
Council considered a Request for Proposal (RFP) for contract copy services.
Moved by Williams/Romero to approve RFP and authorize the City Administrative Officer to award
;.. contract to the most responsive bidder; motion carried (5 -0).
C4. ..•- USE OF PROMOTIONAL COORDINATING COMMITTEE FUNDS (File No. 1055)
Council considered a recommendation by the Promotional Coordinating Committee (PCC) to spend
$10,080 of Enhanced Promotional Funds to upgrade "fulfillment" materials by including the
Chamber of Commerce Visitors' Guide magazine.
Moved by Williams /Romero to approve PCC recommendation and authorize the Mayor to sign an
amendment to the Barnett Cox & Associates contract; motion carried (4-1; Roalman voting no).
C5. MOBILEHOME RENTAL ASSISTANCE ACT (File No. 428)
Council considered opposing the "Mobilehome Fairness and Rental Assistance Act," an initiative
ballot measure certified for the March 26, 1996 statewide election.
Moved by Williams /Romero to adopt Resolution No. 8490 opposing the Initiative as amended to:
include reference to Proposition 199.
C6. PARKING CITATION LEGISLATION (McCLUSKEY 1557)
Council considered amendments to current requirements for the processing and adjudication of
civil parking violations.
Moved by Williams/Romero to: a) establish a payment plan for citations upheld at the hearing level
with a single penalty amount of $75 or more with the full payment satisfied no later than 90 days;
b) provide no community service program for any parking citation; c) adopt written policies and
procedures for the processing and adjudication of parking citations; and, d) authorize the City
' Administrative Officer to appoint a qualified person as the City's official Hearing Officer; motion
carried (5 -0).
City Council Meeting Page 4;
Tuesday, February 6, 1996 -7:00 p.m.
C7. PURCHASING AUTHORITY (File No. 202)
Council considered giving final passage to an ordinance amending Section 3.24.150(c) of the
Municipal Code assigning responsibility for receiving bids to the City's purchasing authority.
Moved by Williams /Romero to give final passage to Ordinance No. 1291; motion carried (5 -0).
APPOINTMENTS
_., Al. _ _.. PERFORMING ARTS CENTER ARTS COMMITTEE (File No. 123)
Council considered Council Subcommittee appointment recommendations to the Performing Arts
Center Arts Committee.
Moved by Smith/Roalman to appoint Carol Dunn and Evan! Lupinek as City representatives to the
Arts Committee for the Performing Arts Center; motion carried (5 -0).
- -- A2...::COUNCIL COMPENSATION COMMITTEE (File No. 123)
:..:... Council considered Council subcommittee appointment recommendations to a five- memberCouncil
- Compensation Committee, effective immediately, to sunset upon adoption of a new Council
Compensation resolution.
Moved by Roalman/Smith to appoint Pat Veesart, Diane Hull, Pierre Rademaker, Marcy Villa and
Robert Griffin
-., . to the Council Compensation Committee; motion carried (5 -0).
LIAISON REPORTS
LR1. Council Member Romero Council Liaison to the CMC Advisory Committee, related statistics
on the prison system across the state.
L.R.2. Council Member Romero, Mass Transportation Committee Council liaison, reported on two
major projects at Cal Poly that would have traffic impacts on the City.
LR3. Council Member Romero reported from the County Economic Development Committee that
grant funding would be available to economically feasible projects around the City.
L.R.4. Council Member Smith reported on the first meeting of the Student Housing Task Force.
L.R.S. Council Member Roalman, representative to the People's Kitchen Executive Committee, said
the County had reported on the status of their grant funding to the Homeless Services Center
project a meeting held earlier today. He also said that the contractor would have to pay the
prevailing wage mandated by the use of federal funds.
PUBLIC HEARINGS
Item No. 8 was moved to the first item tonight's
1
on agenda (general consensus).
City Council Meeting Page 5
' Tuesday, February 6, 1996 -7:00 p.m.
8. RAMONA DRIVVAUGUSTA STREET PEDESTRIAN CROSSINGISPEED CONTROLS (File No.
534)
Council considered a request by Ramona Drive and Augusta Street residents and Sinsheimer
School PTA representatives to replace trial traffic calming facilities with permanent facilities.
Mike McCluskev. Public Works Director, and Terry Sanville. Principal Transportation Planner,
—. reviewed the staff recommendation and presented various plans for speed control on Augusta and
Ramona Streets.
Mayor Settle asked for comment from the audience.
There were no speakers.
After discussion, moved by Roalman/Romero to: 1) approve the design for Ramona Drive and
design Alternate #3 for Augusta Street for permanent speed -controlled pedestrian crossings, and
direct staff to prepare plans and specification; 2) appropriate General Fund balances in the amount
of $41,600 for project ($15,000 for construction of permanent crossing with speed controls on
Ramona Drive and $31,600 for a permanent pedestrian crossing with speed controls on August
Street); and, 3) amend the Council policy concerning the installation of trial traffic calming facilities
4; to allow the installation of Interim or permanent facilities prior to the adoption of required
Neighborhood Traffic Management Plans; motion carried (5-0).
.' 1. APPEAL - TREE REMOVAL AT 1307 MILL STREET (File No. 505)
Council held a public hearing to consider appeals by Torre Houlgate -West and Laurence D.
Houlgate of a Tree Committee action to approve the removal of a camphor tree at 1307 Mill Street;
_.. Charles Root, applicant.
Mike McCiuskev. Public Works Director, reviewed the Tree Committee's action.
Mayor Settle opened the public hearing.
Crain McCollum. Mill Street, asked Council to consider alternatives to tree removal.
Charles Ro ot. the applicant, said the tree in question had died back considerably over the past few
years and urged Council not to overturn the Tree Committee's action.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Williams to adopt Resolution No. 8491 denying the appeal and
upholding the Tree Committee's action to grant removal, and directing staff to plant a replacement
camphor tree; motion carried (5-0).
Council Member Romero asked if Council would agree to have staff explore the possibility of
moving the curbs and sidewalks out two feet, and acquiring easements from property owners to
' allow the camphor trees on Mill Street an expanded growing area, and return with a cost estimate.
Council agreed to have staff investigate costs, but not place this work effort as a top priority.
(General consensus.)
City Council Meeting Page -6
Tuesday, February 6, 1996 -7:00 p.m.
2. APPEAL - TREE REMOVAL AT 1789 SAN LUIS DRIVE (File No. 505)
Council was scheduled to hold a public hearing to consider an appeal by John and Sandy Wallace
of a Tree Committee action to deny the removal of a tree at 1789 San Luis Drive; John Wallace,
applicant
The applicants had requested earlier in the day that this item be continued to a future meeting.
Moved by Roalman/Smith to continue this item to a date certain; Tuesday, March 5, 1996.
3. APPEAL - GRILLCO. INC. (File No. 407)
Council was scheduled to hold a public hearing to consider an appeal by Vinko's 1 Hour Photo of
a Planning Commission action to approve (on appeal) a parking reduction for a five -unit
commercial center at 5, 9, 11, 13, and 19 Santa Rosa Street; Grillco, Inc., applicant.
This item was withdrawn by the appellant.
Moved by Smith/Roalman to accept the withdrawal; motion carried (5-0).
4. APPEAL - FROOM RANCH ENVIRONMENTAL DETERMINATION (File No. 407)
Council held a public hearing to consider an appeal by Alex Madonna of the Community
Development Director's determination to require a focused environmental impact report for a 66.6 -
acre annexation and development project proposed along Los Osos Valley Road between Madonna
Road and Highway 101 (Froom Ranch - Annx/R/ER 80 -95); Alex Madonna, applicant.
Arnold Jonas. Community Development Director, Ron Whisenand, Current Planning Manager, and
Whitney Mcllvaine. Associate Planner, presented background on the appeal pointing out that the
Council would be deciding tonight if a focused EIR was necessary, and not approving the proposed
project
Mayor Settle opened the public hearing.
Dennis Schmidt, Central Coast Engineering, responded to the key issues as they relate to the
eleven potentially significant impacts identified in the staff report.
Steve Orosz. Penfield and Smith, described the specific traffic studies he had conducted with
regard to the proposed development.
Marty Tanoeman, attorney for the project, explained why an additional EIR was not necessary.
Sherry Medel, who lives near the property, expressed concern that a commercial development in
this location would bring a heavy influx of traffic and people.
Carmen Merril also a nearby resident, opposed the commercial development of this site due to
Impacts on the neighborhood.
Len Medei. Lima Street, opposed the development
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Tuesday, February 6, 1996 -7:00 p.m. or.
Sarah Chesebro , representing Caltrans, expressed their concern about the developments impacts
on the Los Osos Valley Road/Highway 101 interchange.
Steve DiVincenzi, SLOCOG, echoed the concerns expressed by Ms. Chesebro on behalf of Caltrens.
Richard Marshall, County Development Services Engineer, said that this development would have
-__ Impacts on the County as well in terms of traffic and levels of service.
Sandi Siaurdson. San Luis Obispo resident, urged Council to vote for the focused EIR and opposed
the project.
Lisa Camaso, Buchon Street, opposed the development.
Larry Allen, representing the Air Quality Control District, said that his organization had major
concerns not adequately addressed in the initial study and said the EIR was justified.
Pat Veesart, representing the Sierra Club, supported the staff recommendation to require a focused
EIR.
Steve McGrath resident, said that a project of this magnitude should have an EIR.
Phil Ashley, La Cita Court, reminded Council of the recommendations in the final report by the
Environmental Quality Task Force and urged Council to deny the appeal.
Dennis Schmidt responded to comments made during the public hearing.
Steve Orosz, Penfield and Smith, clarified issues related to traffic on Los Osos Valley Road.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Smith to 1) adopt resolution denying the appeal; 2) by motion,
approve workscope for consultant services to prepare an Environmental Impact Report, excluding
drainage and with additional study in air quality areas, for the Froom Ranch Project (workscope
to include Geology, Water Supply, Transportation/Circulation, Biology, Botany, Noise, Utility
Systems and Aesthetics), and authorize staff to proceed with sending out Request for Proposal
documents to qualified consulting firms, after consultation with the applicant regarding his desire
to proceed with the project; and, 3) authorize the City Administrative Officer to award the contract
to a qualified consulting firm, contingent upon the developer depositing with the City the amount
of the contract plus 30 %; motion carried (3 -2; Romero and Williams voting no).
Council Member Romero stated, for the record, that his no vote reflected his disagreement with the
magnitude of the workscope, although he did favor denying the appeal.
Vice Mayor Williams echoed this viewpoint.
10:17 p.m. Mayor Settle declared a recess.
10:33 p.m. Mayor Settle reconvened the meeting; all Council Members present.
5. PLANNED DEVELOPMENT REZONING - 4411 BROOKPINE (File No. 463)
City Council Meeting Page 8
Tuesday, February 6, 1996 -7:00 p.m. '
Council was scheduled to hold a public hearing to consider a planned development rezoning to
allow smaller lots, slightly increased density, and smaller yards than are normally allowed in a low
density residential zone at the southwesterly end of Brookpine (4411 Brookpine); Hertel & Sons,
Inc., applicant.
Moved by Smith/Williams to continue this item to a date certain; Tuesday, February 20, 1996.
S. UNDERGROUND DISTRICT 13 (File No. 563)
Council held a public hearing to consider amending Section 13.12.040 of the Municipal Code to
establish Underground Utilities District 13 (Foothill Boulevard from Ferrini Road to Santa Rosa
Street, and Santa Rosa Street north of Boysen Avenue to Montalban Street, and including Santa
Rosa Park).
Mike McCluskev, Public Works Director, reviewed the district's boundaries and explained when and
how the changeover would occur.
Mayor Settl e opened the public hearing.
John Edaecombe, Board of Trustees of Zion Lutheran Church, asked if the church property would
be included in the district.
- Chris Larsen, Santa Rosa, expressed concern that his tenants would be disrupted during the
construction and about costs to property owners for hooking up to the underground utilities.
Mayor Settle closed the public hearing.
After discussion, moved by Williams /Romero to introduce Ordinance No. 1292 to print establishing
Utilities Underground District 13; motion carried (5 -0).
COMMUNICATIONS
Comm. 1. City Council agreed to take creek walk on Thursday, February 29,1996, beginning 12:00
to 1:45 p.m. (General consensus.)
Comm. 2 Council Member Smith expressed concern after hearing from two people that they did
not believe they could communicate directly with individual Council Members regarding items on
the agenda.
Comm. 3. Mike McCluskev, Public Works Director, said five traffic controller signals had been
melted down in Monday morning's electrical storm creating $10- 16,000 in damages. To be
considered during mid -year budget review on February 27, 1996.
BUSINESS ITEMS
7. BIA THURSDAY NIGHT FARMER'S MARKET RULES (File No. 476)
Council considered amendments to Thursday Night Rules and Regulations to redefine business
hours, passive solicitation of donations by entertainers, barbecue permits, and BIA participants
proof of worker's compensation insurance.
City Council Meeting Page 9
' Tuesday, February 6, 1996 -7:00 p.m.
Pete Eberle, Thursday Night Activities Coordinator, presented the revised Thursday Night Rules.
Mayor Settle asked for comment from the public.
Ken Carpenter, Chief Running Dog, hotdog vendor in the plaza, objected to.the new Thursday Night
Rules, and felt they were being implemented to prevent him from participating in Thursday Night
activities, including barbecuing.
After discussion, moved by Williams/Romero to adopt a resolution approving the amended
Business Improvement Association's Thursday Night Activities/TNA Rules and Regulations; motion
-s. failed.(2 -3; Settle, Roalman and Smith voting no.).
After discussion, moved by Roalman/Smith to adopt Resolution No. 8493 approving the Business
Improvement Association's Thursday Night Rules and Regulations with modification to Section 2.,
"Business Hours," to allow "grandfathering" accommodation for three businesses that are
Impacted, referred back to the BIA staff to craft language with the assistance of the City Attorney;
motion carried (3 -2, Romero and Williams voting no).
9. PARKS AND RECREATION OFFICE BUILDING (Spec. No. 94136)
Council considered appropriating an additional $68,200 to the Parks and Recreation Office Building
project budget ($36,400 from the capital outlay fund. completed projects account and $31,800 from
the general fund. unappropriated balance).
Mike ~McCluskev. Public Works Director, explained increases in the design, construction and
construction management budgets.
Paul LeSaoe. Parks and Recreation Director, justified additional costs for systems furniture
installation.
After discussion, moved by Roalman/Romero to approve appropriation of additional project funds;
motion carried (54).
11:32 p.m. There being no further business to come before the CiWCodncil, Mayor Settle
adjourned the meeting to C_ losed Session in the Council Hearin R
APPROVED BY COUNCIL: G
Kim o on, ssi taut City Clerk
1
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 6, 1996 -11:35 P.M.
CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave • Romero, Bill Roalman, Vice
Mayor Dodie Williams, and Mayor Allen Settle
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney
City Council held a closed session to discuss the following issue:
CONFERENCE WITH PROPERTY NEGOTIATOR (pursuant to Government Code §54956.8)
Property: Bowden Adobe
Negotiating Parties:
City of San Luis Obispo: Jeffrey G. Jorgensen
Property Owner Representative: John Kuden
Negotiation: Whether to Acquire
11:40 P.M. Council reconvened in open session.
Jeff Jorgensen. City Attorney, reported the results of property negotiations would not be disclosed
as the parties are still in negotiation and final action was not taken.
11:41 P.M. Mayor Settle adjourned the meeting to Monday, February jW- 19and , at 12:00 p.m. in the
Council Chamber of City Hall.
APPROVED BY COUNCIL: /
Kim C ndon, Assistant City Clerk
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