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HomeMy WebLinkAbout10/19/1999. .MINUTES. ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 19, 1999 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, and Mayor Allen K. Settle Absent: Council Member John Ewan City Staff: Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Darren Drake, Fire Marshall; John Moss, Utilities Director; Mike McCluskey, Tim Bochum, Deputy Public Works Director; Greg Walker, Streets Maintenance Supervisor; Peggy Mandeville, Associate Planner; Ron Whisenand, Development Review Manager; Keith Opalewski, Parking Manager; and Neil Havlik, Natural Resources Manager CONSENT AGENDA ACTION: Moved by Schwartz/Romero to approve the consent agenda (with exception of #1) as recommended by the City Administrative Officer; motion carried 4:0. C1. COUNCIL MINUTES C2. Tuesday, September 20, 1999 Tuesday, September 21, 1999 Tuesday, October 5, 1999 ACTION: Continued to 11/2199. Council Member Schwartz expressed disagreement with the first finding outlined in Section 2 and asked that it be stricken. City Attorney Jorgensen recommended that the Council approve the language as is in light of the fact that it was approved upon first reading. He suggested that the issue be referred to the Community Development Department for ' consideration as part of the zoning ordinance update. Council concurred. City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 2 ACTION: Moved by SchwartrJRomero to grant final passage to Ordinance No. 1358, motion carried 4:0. ' C3. FINAL PASSAGE OF ORDINANCE NO. 1359 REPLACING RESIDENTIAL GROWTH MANAGEMENT REGULATIONS. ACTION: Moved by Schwartz[Romero to grant final passage to Ordinance No. 1359; motion carried 4:0. C4. FIRING RANGE IMPROVEMENTS, SPECIFICATION NUMBER 90051. ACTION: Moved by Schwartz/Romero to 1) approve plans and specifications for Firing Range Improvements, Specification No. 90051. 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate; motion carried 4:0. C5. ADDITIONAL FUNDING FOR THE CITY'S SHARE. OF THE 1998 -99 PERFORMING ARTS CENTER OPERATING DEFICIT. ACTION: Moved by Schwartz/Romero to appropriate $9,644 from the General Fund unappropriated balance to fund the remaining portion of the City's share of the 1998- 99 Performing Arts Center operating deficit; motion carried 4:0. C6. ADDITIONAL APPROPRIATION FOR HOUSE RENOVATIONS AT THE JACK HOUSE. ACTION: Moved by SchwartrJRomero to appropriate an additional $20,000 from the General Fund unappropriated balance to the Jack House renovation project account; motion carried 4:0. C7. REQUEST FOR PROPOSALS FOR COMMUNITY CENTER AND THERAPY POOL NEEDS STUDY. ACTION: Moved by Schwartz/Romero to 1) approve the request for proposals for a study of the need for a community center and therapy pool. 2) .Authorize the contract award by the City Administrative Officer if selected proposal is within the available budget of $20,000; motion carried 4:0. C8. DELEGATE TO WASHINGTON, D.C. ACTION: Moved by Schwartz/Romero to 1) appoint Council Member Jan Howell Marx to represent the City of San Luis Obispo at the "San Luis Obispo County Day in Washington, D.C." on October 26, 1999, hosted by Congresswoman Lois Capps. 2) Approve payment of travel expenses in the amount of $1,200 from the City Council travel expense account; motion carried 4:0. C9. FLOOD MANAGEMENT PLAN PHASE 2- SURVEY. ACTION: Moved by Schwartz/Romero to approve a contract with Questa Engineering in the amount of $93,821 for the performance of survey work for Flood Management Plan Phase 2 and authorize the Mayor to execute the contract; motion carried 4:0. C10. AGREEMENT TO TERMINATE CITY OBILIGATION TO SERVE WATER TO PROPERTY ON OLD STAGE COACH ROAD. City Council Meeting Tuesday, October 19,1999 - 4:00 p.m. Page 3 ACTION: Moved by Schwartz/Romero to approve an agreement with J. Dennis Ahern and Sandra D. Ahern in the amount of $10,000 for discontinuance of water service, transfer of water rights and conveyance of real property; motion carried 4:0. Cl 1. NOMINATION TO THE BOARD OF DIRECTORSOF THE CENTRAL COAST COMMISSION FOR SENIOR CITIZENS, AREA AGENCY ON AGING. ACTION: Moved by Schwartz/Romero to nominate Gary Fowler for appointment to the Central Coast Commission for Senior Citizen's (CCCSC) Board of Directors to fill the position representing the City of San Luis Obispo; motion carried 4:0. APPOINTMENT Al. APPOINTMENT RECOMMENDATION TO CULTURAL HERITAGE COMMITTEE: ACTION: Moved by Settle/Marx to appoint Thomas Wheeler to an unexpired tens on the Cultural Heritage Committee to begin immediately and end on 3/31/02, and thank Amy Kardel for her service; motion carried 4:0. BUSINESS ITEMS 1. DOWNTOWN TRANSIT TRANSFER CENTER - ALTERNATIVES ASSESSMENT STUDY CONSULTANT SELECTION. Public Works Director McCluskey and Deputy Public Works Director Bochum presented the ' staff report. It was noted that staff is looking for direction on three key issues: 1) feedback about which properties to include in the scope of the study and which ones to take "off the table"; 2) does the Council want to continue to consider the "Spring- Toyota" site, which has hazardous contamination and would require general fund monies to clean up the site; and, 3) shared land use options: is this something the Council wants to pursue? Public Comments: Eric Greening, Atascadero resident, suggested staff solicit input from regular bus riders, like himself. He expressed his hope that Council will preserve the historic French Hospital and remarked that he would prefer a site close to downtown and close to through automotive traffic. In response to Council Member Marx, Mr. Greening suggested that a survey form be placed on buses to solicit input from the passengers. In addition, he proposed that the City seek input from the Regional Transit Advisory Committee. Raffy Arsene, owner of the Shell Oil Station on Santa Rosa/Higuera, stated that he had not known until today that the City was considering this item and asserted that Alternative 1 in the staff report would jeopardize his business. He encouraged the Council to consider the railroad center site for the transit center now rather than later. Karen Adler, property owner (site of Morgan Stanley Dean Whittier), wants the property off the table. She indicated that she has three leases on the property and expressed the opinion that the City should be considering property it already owns. In response to Council inquiry, Ms. Adler noted that she would also object to the loss of the portion of her property which is currently being used for parking even if a parking structure is proposed to replace the spaces lost. City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 4 Brett Cross. 1217 Mariner's Cove, objected to the cost of the project and asked if this would be one more report that will sit on the shelf. Steve Devencenzi. SLOCOG, requested that the Council direct staff to cooperate with SLOCOG and SLORTA staff regarding the site details. He recommended that the City continue to move forward with the proposed project along Osos Street because the facility is needed now. Frank P_yeatt , owner of Santa Maria Tire, commented that he had only heard about the proposed study today. He expressed concern that there will be impact to his property and asked why the railroad center site is not being considered as a viable option. End of Public Testimony Council discussion ensued. Mayor Settle commented that his preference is Alternative 2 and expressed a desire to work out a solution for parking. He added that he believes it will be too costly to acquire and address the contamination on the other block ( "Spring- Toyota" site - Alternative 1). Council Member Schwartz recommended that the scope of work be expanded to include a Task #13 under Joint Use Options which would allow the consultant to investigate a rooftop civic and/or community use (a senior center for example). Council agreed to take off the table the following buildings in "Alternative 2 ": Bank of America, French Hospital, and the law offices (Borton, Petrini & Conron) on the corner. ACTION: Moved by Schwartz/Marx to 1) approve the preliminary scope of work for the Downtown Transit Transfer Center — Alternatives Assessment Study, as amended by adding Task #13, and including direction to the consultant to study the entire block surrounded by Santa Rosa, Monterey Street, Toro Street and Higuera Street, and the internal space between the Bank of America building and the historic French Hospital in the Higuera, Marsh, Toro, Santa Rosa block, and further to confirm direction to the consultant to study the potential for a parking structure in combination with the multi -modal transit center 2) Authorize the Public Works Director to waive standard consultant selection procedures and negotiate directly for consultant services. 3) Authorize the CAO to award the contract if the amount is within budget; motion carried 3:1 (Settle). 2. REQUEST FOR PROPOSALS TO PREPARE FOR NOVEMBER 2000 REVENUE BALLOT MEASURE. Finance Director Statler presented the staff report. There were no public comments. Council discussion followed. Council Member Schwartz proposed that a comprehensive list of capital improvement projects be developed and that those projects not be limited to ten years. Council Member Marx expressed a desire for Council involvement early on in the process. Mayor Settle objected to the recommendation and argued that community organizations should be getting together to come up with a project or project area they can support ACTION: Moved by Schwartz/Romero to 1) approve the request for proposals (RFP) for assistance in preparing for a possible revenue ballot measure in November 2000 City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 5 based on community needs, and 2) authorize the City Administrative Officer to award the contract if the best overall proposal is within the approved budget of $35,000 for this project; motion carr ied 3:1 (Settle). 3. MEMORANDUM OF UNDERSTANDING WITH FISH AND GAME CONCERNING WATER REUSE PROJECT. Water Projects Manager Pierce presented the staff report. There were no public comments. ACTION: Moved by Marx/Settle to approve a Memorandum of Understanding (MOU) with the California Department of Fish and Game regarding the City's Water Reuse Project and authorize the Mayor to execute the MOU; motion carried 4:0. 4. INSTALLATION OF NEW SIDEWALKS, Public Works Director McCluskey presented the staff report and distributed a draft resolution revising the adopted criteria and site selection priorities for the new sidewalk installation program. It was noted that the program gives staff basic direction with some flexibility to address unforeseen issues as they arise. City Administrator Dunn recommended that the Council consider the resolution at the next meeting. Council concurred. There were no public comments. ACTION: Moved by Marx/Settle to 1) authorize the City Administrative Officer to ' approve the plans and specifications to install new sidewalks and/or curb and gutter In various locations. 2) Advertise for bids. 3) Award the contract if the cost is less than the Engineer's estimate of $67,320; motion carried 4:0. Mayor Settle called a recess at 6:20 p.m. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation/Initiation of Litigation, Pursuant to Government Code 3 54956.9 (c) Number of Cases: City Attorney Jorgensen announced that the Council had agreed to continue Item #9 (Acquisition of property at 883 Marsh Street) to November 2,1999, so that a full Council would be present. A formal motion followed: . ACTION: Moved by Romero/Marx to continue Item #9 to November 2,1999; motion passed 4:0. PUBLIC COMMENT Vaughn Taus, speaking on behalf of the Alta Vista Neighborhood Association, voiced concerns regarding building permit activity at 131 Hathaway. He reported that there has been no opportunity for the neighbors to express their objections for a new use and that the neighborhood is concerned that a rental unit will result. Mayor Settle asked staff to investigate. City Council Meeting Page 6 Tuesday, October 19, 1999 - 4:00 p.m. Steve Mathieu, AGP Video, asked the Council to review his proposal for a pilot video production program before awarding the contract for installation of cablecasting equipment at City Hall. Monica Mestre , Sigma Kappa Sorority representative, invited Council to their 125'" year anniversary celebration on November 7"' at 11:00 a.m. at 615 Grand Avenue. PUBLIC HEARINGS 5. EXCLUSIVE NEGOTIATING PERIOD: CHINATOWN -COURT STREET PROPOSAL City Administrator Dunn, Finance Director Statler and City Attorney Jorgensen presented the staff report. Mayor Settle opened the public hearing. Tom Copeland and Mark Rawson expressed appreciation and support. It was announced that three community workshops are scheduled for the purpose of receiving input from the public regarding the design. Ray Shearer, downtown merchant, expressed concern regarding the net loss of parking spaces and impacts to Chorro and Monterey. Brett Cross, 1217 Mariner's Cove, voiced apprehension that the "team norms" establishes staff as advocates of the project. In addition, he commented that he hopes that. more information will be provided about the residential component and that a broad range of uses will be considered for the project. Eugene Jud, 665 Leff Street, commented that he hopes that the Council will provide the public with a real opportunity to provide input on the project as it relates to the entire downtown and on -going issues regarding parking and alternative transportation. He cautioned the Council about moving too quickly through the process. Tom Ka v questioned how the City Council will be involved and kept apprised of the negotiations. He suggested that one member of the Council sit at the "negotiating table" as well. City Attorney Jorgensen explained that there will be constant communication within the limits of the Brown Act between the Council and the negotiating team. Mayor Settle closed the public hearing. Council discussion followed. Council Member Schwartz proposed two modifications to the agreement, as follows: 1) Add a new first "Whereas ", which shall read: WHEREAS, the Conceptual Physical Plan for the City's downtown adopted in 1993 envisioned the development of the Court Street block and the land along Palm Street, but progress on such development has continued to lay dormant." 2) The existing first "Whereas" shall become the second and be amended to read: "Whereas, on September 20,1999, Copeland came forward and presented a proposal for redeveloping these major portions of the City's Center (Chinatown -Court Street: A Vision for the Future of Downtown San Luis Obispo, California, Inspired by Its Past), hereinafter referred to as the Project. Council concurred with the proposed amendments. ACTION: Moved by Romero /Schwartz to authorize the Mayor to execute a 120 -day exclusive negotiating agreement (ENA) with Chinatown -Court Street Partners, LLC in order to further explore the Chinatown -Court Street proposal, as amended, including assessing the feasibility of the required real property transactions and the City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 7 necessary planning and regulatory approvals, and to allow the Copeland's added time to involve the community in reviewing and refining the proposal. 2) Approve the reallocation of $40,000 budgeted for the North Downtown Area Plan to support City costs during the ENA period, including financial consultation and representation and planning analysis. 3) Authorize the City Administrative Officer to negotiate and execute two sole source contracts: (A) With Allan Kotin of PCR Kotin for financial consultation and representation during ENA negotiations; and (B) with Fred Sweeney of Phillips, Metsch, Sweeney, and Moore to update the 1990 Civic Center Architectural Program and Space Needs Study. 4) Direct staff to return to Council during the Mid -Year Budget Review in February 2000 with the recommended reprioritization of other goals and activities necessary to accommodate this new and very substantial undertaking. 5) Endorse the "Team Norms" adopted by the staff relative to the organization, management, and team ethic necessary to carry out this project in the timely and proactive way encouraged by the City Council; motion carried 4:0. 6. TENTATIVE MAP AND PLANNED DEVELOPMENT FOR A 222 -ACRE SITE (DEVAUL RANCH) AT THE SOUTHEAST CORNER OF MADONNA AND LOS OSOS VALLEY ROADS (TR/PD 102 -96: DEVAUL RANCH LLC, APPLICANT). Associate Planner Peggy Mandeville presented the staff report and responded to brief questions from the Council. Mayor Settle opened the public hearing. Hamish Marshall (Westpac), Carol Florence (Oasis), and Jeff Jelowick (architect), representing the applicants, provided an overview of the project and indicated that the team supports all staff recommendations and conditions, with the exception of Condition #44. The applicants desire to locate the public utility easements in the pocket park rather than adjacent to the western property boundary. Staff pointed out that the word "should" in the condition provides some flexibility. The following neighbors spoke in opposition to the project because of concerns regarding the density proposed, emergency access road, traffic impacts, pedestrian and resident safety, and drainage impacts. Richard Fox 1743 Quail Carol Rowsemitt ,1845 Quail Drive Jean Webb. 1997 Partridge.Drive Mark Connery, 1963 Partridge Tim Plumb. 1983 Partridge Drive Penny Sullivan Ruth Drandell. 1797 Quail Drive Louis Verdugo, 1524 Cucaracha Ct Marty O'Keefe, 1533 El Tigre Court Betsy Pettit, Consultant for the Department of Energy, commented that the project had been .reviewed and approved as a project for `Building America ". The project has enhanced features which include wood reduction and wood waste reduction, enhanced building envelopes, better walls and windows and advanced efficient systems. She added that the homes are expected to use 20-30 percent less energy. Brett Cross, 1217 Mariner's Cove, summarized his communication with the Council (on file with the City Clerk) criticizing the design of the project. He urged the Council to reject it. City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 8 Zona Torres, former manager of the Madonna Road Apartments, spoke in support of the project because it offers affordable family housing. She commented that she hopes the affordable homes won't be segregated from the others and also recommended that the affordable units be preserved for local residents. Charlie Eckert (Investec), Brad Brentwall (John Wallace & Associates) and Hamish Marshall (Westpac) addressed comments made by the public. George Moylan, Housing Authority, remarked that developer has worked closely with him on the affordable housing component. He argued that low - income housing does not promote crime and reported that the 122 unit complex in the development is modeled after a larger one in the community that does not have a high crime rate. Mayor Settle closed the public hearing. Lengthy Council questions and comments followed. Vice Mayor Romero and Council Member Schwartz addressed Section 3.2 of the draft ordinance regarding driveway depth. Each spoke in favor of a 20 foot driveway instead of 18 feet to accommodate larger vehicles and prevent them from hanging over into the sidewalk. The applicant's representatives agreed to the amendment Vice Mayor Romero and Council Member Schwartz also voiced concerns regarding tandem parking in the garages and suggested that the CC &Rs set forth a prohibition for uses other than parking. The applicants agreed to include this provision. Council Member Schwartz suggested the addition of two new conditions of approval as 1 outlined in the draft resolution which would: 1) require all traffic/pedestrian signage to be in the international standard, and 2) require that all street name signs conform with the City's standard, when adopted. By mutual agreement, Council approved the addition of Conditions #49 and 50. Council Member Marx suggested that Condition #14, as set forth in the resolution, be amended to read: "Plans to have sufficient detail to assess the adequacy of the emergency vehicle easement to Quail Drive ". Revision approved. ACTION: Moved by Romero /Marx to 1) introduce Ordinance No. 1360, as amended, rezoning the lower 35 acres with a Planned Development (PD) Overlay to allow a density bonus and more variation in the project design than normal standards would allow based on findings and subject to conditions. 2) Adopt Resolution No. 8975, as amended, approving the vesting tentative map based on findings and subject to conditions and code requirements; motion carried 4:0. 7. Development Review Manager Whisenand presented the staff report. Mayor Settle opened the public hearing. Steven Frank, engineer of record, commented in favor of the staff recommendation and indicated that he concurs with all findings and conditions. City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 9 Mark Rawson, architect, responded to questions from Council Member Schwartz regarding the project design. Council Member Schwartz suggested that the applicant clearly delineate the extent of the common area under the Homeowner Association's control. The applicant's representative agreed and staff was directed to add this as an additional condition. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 8976 approving the tentative map which creates a ten -unit residential condominium subdivision located on the north side of Foothill Boulevard, west of Ferrini Road, as recommended by the Planning Commission, with one additional condition; motion carried 4:0. 8. MODIFICATION TO USE PERMIT A 46 -98: REQUEST TO AMEND PREVIOUSLY- APPROVED PLANS TO ALLOW A 1.5 -FOOT SIDE YARD SETBACK (1535 CARMEL STREET). Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. William Tickell, applicant, outlined the reasons for making his request. He noted that he is also the owner of the adjacent property, and as such, has no objection to a reduced set- back. Mayor Settle closed the public hearing. ' In response to query by Council Member Schwartz, City Attorney Jorgensen advised that while the applicant cannot grant an easement to himself, he would suggest that the conditions of the use permit be modified to require the applicant to submit a recordable instrument to maintain a minimum of 10 feet of separation between the existing main house and buildings on the adjacent property to the southeast. The document, he added, would be subject to review and approval by the Community Development Director prior to the issuance of a building permit. Council accepted the City Attorney's advice and directed staff to add the condition of approval. ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8977 approving the requested modification by William E. Tickell to amend previously- approved plans to allow a 1.5 -foot side yard setback where a 4 -foot side yard had been previously approved, and a 6 -foot side yard is normally required, and by adding an additional condition of approval for the use permit approved by the Council on July 7, 1998, for property located on the southwest side of Carmel Street, between Buchon and Islay Streets, (1535 Carmel Street), as amended; motion carried 4:0. 9. ACQUISITION OF PROPERTY AT 883 MARSH STREET. ACTION: This item was continued to 11/2/99. 10. ONE YEAR REVIEW OF FOOD 4 LESS EXPANDED HOURS OF OPERATION AT 3985 SOUTH HIGUERA STREET (U 37 -98). Community Development Director Jonas provided the staff report. Mayor Settle opened the public hearing. City Council Meeting Tuesday, October 19, 1999 - 4:00 p.m. Page 10 Milt Souza, owner of Food 4 Less, spoke in favor of the staff recommendation to approve the continuation of expanded business hours. Mayor Settle closed the public hearing. ACTION: Moved by Romero /Marx to adopt Resolution No. 8979 approving the continuation of expanded business hours to 24 hours of operation for Food 4 Less, based on findings; motion carried 4:0. COUNCIL LIAISON REPORTS SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG) Vice Mayor Romero reported that should the Sales Tax Expenditure Plan fail to pass in the State Assembly, the State Legislature will most likely formulate a compromise measure. He also noted that by the end of next April, each county will be required to submit a transportation expenditure plan. Therefore SLOCOG is establishing a steering committee to investigate transportation needs. Vice Mayor Romero reported that the Brizzolara Street sound wall will now be built and paid for by the State. Therefore, the $500,000 of SLOCOG funds allocated for this project has now been reassigned. SLOCOG has directed $300,000 of the Transportation Enhancement Act (TEA) funds to the City of San Luis Obispo. It will be used in the Morganti property acquisition. SAN LUIS OBISPO REGIONAL TRANSPORTATION AUTHORITY ( SLORTA) Vice Mayor Romero reported that the SLORTA is revising their process for awarding contracts for dialysis, Run -About and C-CAT services. COMMUNICATIONS Council Member Marx expressed concern that the proposed San Luis Obispo Gazette weekly Council article schedule may need to be modified to fit individual Council Members' schedules. Council Member Marx suggested that Council consider an ordinance to regulate non - taxable sales in big -box stores at a future meeting. Council directed staff to review this suggestion and to bring back a draft ordinance for consideration as time permits. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:55 p.m. to meet in Closed Session, Wednesday, OctobeP2014999 at Noon in the Council Hearing Room, 990 Palm Street, San Lu is Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 11/2/99 LP:dr