HomeMy WebLinkAbout01/07/1997CLOSED SESSION OF THE CITY COUNCIL
' CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 7,1997 - 6:30 P.M.
PLANNING CONFERENCE 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, Ken
Hampian, Assistant City Administrative Officer, • Ann Slate, Personnel
Director, Wendy George, Asst. to CAO
City Council held a closed session to discuss the following issues:
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
(1) San Luis Obispo Employees Association
Agency Negotiators: Ann Slate & Ken Hampian
(2) San Luis Obispo Confidential Employees
Agency Negotiators: Ann Slate & Wendy George
(3) San Luis Obispo Fire Battalion Chiefs' Assoc.
Agency Negotiators: Ken Hampian & Wendy George
(4) San Luis Obispo Management Employees
Agency Negotiators: John Dunn
The City Council directed staff to draft agreements for final action in open session at the January
21, 1997 meeting.
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Library Community
Room, where a public report of the action taken in closed session was to be given.
APPROVED BY COUNCIL: 1/21/97
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 7,1997- 7:00 P.M.
LIBRARY COMMUNITY ROOM, 995 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;
Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative
Officer; Arnold Jonas, Community Development Director; Bill Statler,
Finance Director; Ann Slate, Director of Personnel; John Moss, Utilities
Director; Mike McCluskey; Public Works Director; Neil Havlik, Natural
Resources Manager; Wendy George, Management Analyst.
City Attorney Jorgensen reported that the City Council directed staff to draft agreements for final
action in open session at the January 21, 1997 meeting.
PUBLIC COMMENT PERIOD
PC1. Brett Cross, 1217 Mariners Cove, spoke regarding the downtown stating the number of
newsracks is cluttering the sidewalks, and that graffiti should be cleaned from the
downtown area.
CONSENT AGENDA
Corrections to the December 3, 1996 minutes and Item C -7 were noted by Council Members.
C1. COUNCIL MINUTES
Council considered the minutes of:
Sunday, December 1, 1996 @ 12:30 p.m.;
Tuesday, December 3, 1996 @ 6:30 p.m.; and
Tuesday, December 3, 1996 @ 7:00 p.m.
Moved by Smith/Williams to waive oral reading and approve minutes as amended; motion carried
(5 -0).
C2. HIGUERA STREET BRIDGE CONSULTANT (File No. 93 -67B)
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Council considered the Higuera Street Bridge Environmental Study and Design Services
Request for Proposals, Specification No. 93 -67B; project budget is $500,000 ($100,000 City
funded, $400,000 Federal grant funded).
Moved by Smith/Williams to approve Request for Proposals for "Environmental Design Services -
Higuera Street Bridge Rehabilitation," authorize staff to distribute proposals, and CAO to award '
the contract if the negotiated cost for consultant services is within the project budget; motion
carried (5 -0).
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City Council Meeting Page 2
Tuesday, January 7, 1997 - 7:00 p.m.
C3. FINAL ACCEPTANCE - TRACT 1750 (File No. 41.0)
Council considered accepting the public improvements for (Tract 1750 (Units 1 & 2), including
Islay Hill Park (Edna4slay Specific Plan Area).
Moved by Smith/Williams to adopt Resolution No. 8612 accepting public improvements; motion
carried (5 -0).
C4. MUNICIPAL BUILDING PAINTING (File No. 96-31)
Council considered project specifications for "Municipal Building Painting: Corporation Yard
and Police Department, "Specification No. 96-33, estimated to cost $100,000.
Moved by SmithWilliams to approve project specifications, authorize staff to advertise for bids,
and authorize the CAO to award the contract if the lowest responsible bid is within the
Engineer's estimate; motion carried (5 -0).
C5.
(File No. 96 -72)
Council considered plans and specifications for "Sewermain Improvement & Street
Reconstruction Project: Case - Foothill to Montalban, Murray - Casa to Stenner Creek,"
Specification No- '97 -72, Engineer's estimate - $752,000.
Moved by SmithlWilliams to approve plans and specifications, authorize staff to advertise for
bids and authorize CAO to award the contract if the lowest responsible bid is within the
Engineer's estimate; motion carried (5 -0).
C6. CENTERPOINT THEATRE FUNDING (File No. 1051)
Council considered a Promotional Coordinating Committee recommendation to give a grant4n-
aid to Centerpoint Theatre Group to fund the production of promotional materials.
Moved by SmithWilliams to approve the Promotional Coordinating Committee's
recommendation; motion carried (5 -0).
C7. ELECTION CANVASS (File No. 323)
Council considered the canvass results of the General Municipal Election held Tuesday,
November 5, 1996.
Moved by Smith/Williams to adopt Resolution No. 8613 declaring results of the General Municipal
Election and order filed; motion carried (5 -0).
Al. COUNCIL SUBCOMMITTEE ASSIGNMENTS (File No. 123)
Council considered Council Liaison Subcommittee assignments for 1997.
Move by Roalman /Smith to approve appointments; motion carried (5 -0).
There were no Liaison Reports.
COUNCIL LIAISON REPORTS
City Council Meeting
Tuesday, January 7, 1997 - 7:00 p.m.
Page 3
PUBLIC HEARINGS
1. REZONING - 40 PRADO ROAD (File No. 463) '
Council held a public hearing to consider a request to amend the zoning map for O-PD (Office,
with the Planned Development overlay) to C -RS (Retail - Commercial, with the Special
Consideration overlay), and possible re- consideration of an amendment to the Land Use Element
(LUE) map designation from General Retail to Office, for property located at the northeastern
comer of Prado Road and Elks Lane at Highway 101 (40 Prado Road); Zelman Company,
applicant. (Continued from 1213/96).
Mayor Settle stated that the applicant has requested a continuance. There was consensus
among a majority of Council Members that they wished to hear the issue tonight, as scheduled.
Community Development Director Jonas presented a staff report stating that the public hearing
is being held to address the General Plan Amendment, which would be necessary to reverse the
earlier decision of the Council.
Mayor Settle opened the public hearing.
Ben Reiling , Zelman Development, 707 Wilshire Blvd., LA, asked for a continuance, stating that if
Council would grant a 90 day extension, he could meet with other property owners to resolve
concerns about isolation of the proposed development and the over crossing.
Keith Gurney. RRM Design Group, asked Council to grant a continuance of 90 days. He
addressed environmental concerns regarding traffic, air quality, and stated that this action could 1
affect future development of other commercial properties in the area.
Eugene Jud, SLO, stated that the number of trips per day generated by a retail establishment
would be greater than that of an office building. He spoke in opposition to the rezoning.
Michael Sullivan, 1127 Seaward St., stated that he supports a 90 day extension, but is in
opposition to the proposed development.
Donald Smith, SLO, spoke in opposition to the rezoning.
Andrew Merriam. SLO, spoke in support of the rezoning stating that a retail use is more
appropriate to the property than an office, and that economically SLO needs to look toward the
future and protect the City's economic base.
Steve Nukes. 1250 Peach Street, spoke in support of the rezoning, stating that it is important to
generate revenue now and in the long term and the proposed project would enhance the
downtown.
Jerry Dagna, SLO, spoke in support of the rezoning.
Eric Bradford, 60 Casa Street #22, spoke in opposition to the rezoning stating that it would hurt
the downtown.
Craig Anderson. 1052 Liz Street, asked what the cost would be to the City for the development
and spoke in opposition.
Mayor Settle closed the public hearing.
City Council Meeting Page 4
Tuesday, January 7,1997 - 7:00 p.m.
Moved by Roalman/ Smith to adopt Resolution' No. 8614 denying the rezoning request and
reversing the General Plan amendment; motion carried (3 -2, Romero, Williams opposed).
(Ordinance 1316 was not given final passage.)
2. APPEAL - FROOM RANCH (File No. 407)
Council was to have held a public hearing to consider an appeal by Dennis Schmidt of the
Director" determination to require an Environmental Impact Report for the proposed annexation
of 42 acres with a pre - zoning of Retail - Commercial and 360,000 square feet of "big box" retail
development t 12395 Los Osos Valley Road (Between Madonna Road and Highway 101); Alex
Madonna, applicant. (Continued from 1213196.)
Moved by Williams/Romero to continue this item to February 4,1997; motion carried (5 -0).
3. EL CAPITAN ANNEXATION HEARING (File No. 441)
Council held a public hearing to receive all oral and written protest against the El Capitan
annexation, which includes El Capitan Way and the adjacent property on the northerly side of El
Capitan, adjacent to the existing city limits.
Community Develobment Director Jonas presented the staff report, stating that staff
recommends annexation.
Mayor Settle opened the public hearing.
1 Andrew Merriam, applicant, spoke in support of the annexation and offered to answer questions.
Mayor Settle closed the public hearing.
After discussion, moved by Williams /Smith to adopt Resolution No. 8615 approving the boundary
change and annexation without election; motion carried, (4 -1, Roalman opposed).
4. TENTATIVE TRACT MAP APPROVAL (File No. 410) -
Council held a public hearing to consider the subdivision of two lots into 16 lots; one
commercial, 14 residential, and one open -space parcel on the northerly side of El Capitan, south
of the State Farm regional offices; Kelly Gearhart, applicant. (TR 138 -96 /County File # TR 2248).
Mayor Settle opened the public hearing.
Andrew Merriam, applicant, spoke in support of the project.
Council discussed the feasibility of a homeowners' association assuming the responsibility for
the open space (Lot 15) being dedicated to the City.
At the request of Council, John Faulkenstein addressed the issue stating that the larger,
neighboring association did not receive enough votes to annex the thirteen lots, and the new
subdivision is too small for it to be financially feasible to support its own association.
Community Development Director Jonas stated that the Planning Commission dealt at length
' with the issue and brought forward the recommendation that the City maintain the open space,
which will become a part of a larger space with a bike path.
Pat.Veesart. 1446 Morro St., stated that since there is a pedestrian path crossing the property, the
City should assume the liability.
City Council Meeting
Tuesday, January 7, 1997 - 7:00 p.m.
Page 5
Mayor Settle closed the public hearing.
Council Members concurred that language in condition 22 of the resolution include the
stipulation that the applicant will make a good faith effort to have the existing homeowners'
association annex the open space, but that the City will take possession if the effort is not
successful. They also concurred that Condition 24 will include a reference to the fence that is
required along the entire north side of the development as part of the screening.
After discussion, moved by Williams /Romero to adopt Resolution No. 8616, approving the
tentative map, with conditions, as amended, to become effective on the date the property is
officially annexed to the City; motion carried (4 -1, Roalman opposed).
5. APPEAL - HUASNA DRIVE (File No. 407)
Council held a public hearing to consider an appeal by Alana Reynolds of a Planning
Commission action approving a yard reduction and an eight foot wide driveway where 10' is
normally required, with conditions, and request for fee waiver for application; Alana Reynolds,
applicant.
Community Development Director Jonas presented the staff report. He explained that staff is
recommending that the appeal be denied.
Mayor Settle opened the public hearing.
Alana Reynolds, appellant, read a letter requesting that the fee be waived, contending that she
has already paid the fee for the original application and that only the location of the garage has
changed. She also requested that she not be required to remove the existing driveway.
Diane Hull, SLO, supported the appeal, stating that there will be no loss of parking spaces if the
existing driveway remains, and that Ms. Reynolds has already paid an application fee.
Brett Cross, 1217 Mariners Cove, spoke in opposition to the appeal.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman /Smith to adopt Resolution No. 8617 denying the appeal;
motion carried (4 -1, Romero opposed).
Moved by Roalman /Romero to adopt Resolution No. 8619 granting the fee waiver, based on
finding that there has only been one application during the process; motion carried (4-1, Smith
opposed).
COMMUNICATIONS
Comm1. MARSH STREET CROSSWALK
Council Member Romero asked that staff be directed to present a report with options regarding
installation of a stoplight in the crosswalk on Marsh Street between the Parable and Juice Bar. At
the request of Council Members, the report will include documentation of incidents involving
pedestrian safety at this crosswalk. 1
City Council Meeting Page 6
Tuesday, January 7, 1997 - 7:00 p.m.
BUSINESS ITEMS
6. EDNA-ISLAY ANNEXATION SURVEY (File No. 441)
Council considered the Edna -Islay Secondary Planning Area survey results.
Community Development Director Jonas presented the staff report, stating that the results
indicate that annexation is reasonable and desirable and that staff recommends proceeding. He
said that the benefit would be that annexing the entire area is more cost effective and helps the
City gain control of its boundaries.
Council Members concurred that the City should keep its option open to recover some costs of
the annexation at the time of development.
Mayor Settle opened the floor to public comment.
Andrew Merriam, suggested that a mechanism be set up so the entire area could come in at the
same time and that developers would share in the costs at the time of development.
Mayor Settle closed the public comment.
After discussion, moved by Smith /Romero to initiate the annexation of the remaining property in
the secondary planning area of the Edna -Islay Specific Plan area; motion carried (3 -2, Roalman, .
Settle opposed).
' 7. FINANCIAL PLANNING PROCESS (File No. 230)
Council considered the goal - setting process and financial plan policies for 1997 -99.
CAO Dunn presented the staff report, and Finance Director Statler presented details of the
process to date and distributed binders with written materials from advisory bodies and
community groups. He asked for Council Members to submit their goals by January 17"', after
receiving additional public input at a January 10 Community Workshop.
8. CONGESTION MANAGEMENT PROGRAM (File No. 1151)
Council considered an AB 2419 exemption from the Congestion Management Agency/
Congestion Management Program (CMA/CMP).
Public Works Director McCluskev presented the staff report.
After discussion, moved by Smith /Romero to adopt Resolution No. 8617 of exemption choosing
to opt out of the CMP; motion carried (5 -0).
Mayor Settle adjourned to closed session in the Library Conference Room.
CONFERENCE WITH PROPERTY NEGOTIATOR - pursuant to Government Code Section 54956.8
Property: 1781 Quail Drive
San Luis Obispo
Negotiating Parties: City of San Luis Obispo: Mike McCluskey
City Council Meeting
Tuesday, January 7, 1997 - 7:00 p.m.
Property Owner Representative: Paul Moerman
Negotiation: Whether to Acquire
Mayor Settle reconvened in open session to report on action taken.
Page 7
City Attorney Jeff Jorgensen reported that Council had directed staff to proceed with
negotiations.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 11:35 p.m. to Tuesday, January 14, 1997 at 7:00 p.m. at The Forum, 751 Marsh Street,
San Luis Obispo.
APPROVED BY COUNCIL: 1121/97 i