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HomeMy WebLinkAbout05/06/1997, C-1 - MINUTES MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,APRIL 8, 1997-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET MEETING AGENDA SAN LUIS OBISPO, CALIFORNIA DATEZZ ITEM # 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 Statier, Finance Director;Jim Gardiner,Police Chief; Bob Neumann,Fire Chief;Ann Slate,Director of Personnel;John Moss, Utilities Director, Mike McCluskey; Public Works Director, Paul LeSage,Parks and Recreation Director,John Mandeville, Long Range Planning Manager,Jane McVey, Economic Development Manager; Neil Havlik, Natural Resources Manager;Jeff Hook,Associate Planner; Wendy George,Assistant to the CAO; Dave Smith,Building Maintenance Supervisor. PRESENTATIONS Mayor Settle presented a Proclamation of Heroism to Matthew Pollard and Ryan Fell for their selfless concern for the victims of a March 7, 1997 traffic collision. PUBLIC COMMENT PERIOD PC1. Luther Bertrando.SLO,spoke on behalf of the Friends of the Adobes and asked for Council's consideration during the budget process. CONSENT AGENDA Moved by SmithlWilliams to approve the Consent Agenda as recommended by the City Administrative Officer;motion carried(5-0). C1. COUNCIL MINUTES Council considered the minutes of: Tuesday, March 11, 1997 at 7:00 p.m. Moved by Smith/Williams to waive oral reading and approve minutes as amended; motion carred (5-0). COUNCIL LIAISON REPORTS CLR1. Council Member Romero recently attended a meeting of the Regional Water Management Task Force in North County, and reported that San Luis Obispo has been a regular attendee at the meetings over the past two years, and relations between the cities have greatly improved. CLR2. Council Member Romero reported on a presentation by Joel Fox, a coauthor of Prop 218, at City Council Meeting Page 2 Tuesday,April 8,1997-7:00 p.m. the League of California Cities Channel Counties Division Meeting regarding the background of the Proposition. CLR3. Mayor Settle reported on a meeting of the Whale Rock Commission and the engineering report regarding damage to Whale Rock pipeline. COMMUNICATIONS COM1. Mayor Settle clamed, for the record, his April 18' vote on the Prefumo Canyon annexation, stating that he does not support the project. STUDY SESSION 1. GOAL WORK PROGRAMS FOR 1997-99 (File No.233) Council considered review and approval of council goal work programs for 1997-99. City Administrative Officer Dunn introduced the item,asking that Council give feed back regarding each of the work programs. Finance Director Statler presented an overview of the work programs. He gave background information and issues to be faced for achieving Council goals. Parks&Recreation Director LeSage gave a detailed presentation regarding the proposed Cal Poly Sports complex. He summarized the background of the proposal and presented a possible scenario to fund the project. He addressed other concerns that had been raised,and said that a Committee is being formed by Cal Poly to study those Issues and write a mitigation plan. He clarified that Cal Poly intends to go ahead with a somewhat scaled down project if the City does not participate. City Attorney Jorgensen clarified that it has always been the intent of the City that the$3 million contribution would secure the use of the fields in perpetuity,and that that was the premise upon which staff has been negotiating. Mayor Settle opened the floor to public comment. Sandy Baer,957 Lobelia Lane,spoke on behalf of the PCC and stated that she supports the notion of the sports complex, but is opposed to shifting funding from the PCC to pay for it. Carla Sanders,SLO,asked for clarification If an advisory vote could be held at a time other than the regular election. She stated that noise and light will be a problem for area hillside residents, and that the neighbors'response to the proposed project would be contingent on the results of noise level tests. She asked Council to place the matter on a ballot for a vote of the community. Brian Duke,668 Patricia Drive, urged Council to implement the noise study and to consider the mitigation measures as outlined by staff. Hal Segal.Bishop's Peak resident,stated that he is in favor of sports fields, but that the proposed project will be too disturbing for the neighbors and asked that the City build fields without participating in the Cal Poly project. Henry Case.244 Albert Dr.,stated that there is no study which addresses whether the project fits the City's needs,and the EIR traffic study is inadequate. �'-/- 2 City Council Meeting Page 3 Tuesday,April 8,1997-7:00 p.m. Michael Seitz. 112 Cerro Romauldo,spoke in favor of the proposed complex,stating that soccer fields are needed in the community, and asked Council to move forward. Phil Lowe. Bishop's Peak resident,spoke in support of the project,stating that he enjoys the sounds coming from the present stadium and that added noise from the proposed project will be minimal. Julie Frankel, Bishop's Peak resident,voiced concerns regarding noise, lights and traffic that will result from the completion of the project,and encouraged a study to identify mitigation measures. Pragna Patel.2050 Garfield St, hotel owner,voiced concerns regarding the redirection of funds from the VCB,stating that taking from money from promotion will hurt business. Cindy Binkele,SLO, hotel owner,spoke on behalf of the VCB stating that she thinks reducing funds to the VCB is inappropriate,and that hotels are already full on most summer weekends,so she does not anticipate dramatically increased business as a result of the sports fields. Pati Brown,SLO, member of the PCC,stated that she wants to see promotional funds continue to be directed to the PCC. Jonie Biaggini.SLO,stated that the VCB has increased business for the City through an effective group sales effort,and that for the continued effectiveness the funding must remain in place. Jim Allen presented a letter from Tem Reay,General Manager of a local hotel. He summarized key points and urged Council to continue funding the VCB at the current levels. Doug Hendry 1594 Frambuesa Dr.,spoke in favor of City participation with Cal Poly on the sports complex project,stating that neighborhood traffic would not be as impacted because tournament traffic would be directed to on centralized facility rather than several through out the City. Jean Usilton.259 N.Tassajara,spoke in favor of the proposed project,stating that the mitigations will solve the problems. She stated that sports are played all year and will generate funds accordingly. John Usilton.259 N.Tassajara,spoke in favor of the project,stating that the City won't buy property to build fields on their own and that this is a golden opportunity to get the fields for a minimum investment. Bill Thoma,SLO resident,spoke in favor of the project,stating that tournaments take place at different times of the year. He clarified that the complex will be complete in about a year and a half. Richard Kreisa.San Jose Ct.(Parkview Homes),stated that he is not opposed to the Cal Poly Sports complex, but that the EIR does not adequately address the noise or light issues. Richard Warren. Bishop's Peak resident,stated that he is concerned about noise from the proposed complex. He encouraged the City Council to build their own fields. Rollie McCormick,Sinsheimer area resident,spoke in support of the project,stating that he occasionally hears noise from the existing stadium, but it is not bothersome,and he views this proposal as the chance of a lifetime. Ben Measley. Cal Poly,stated that the issue is whether the City will participate in the project,as it will go forward with or without the City's participation. John McCutcheon,Cal Poly,stated that the project will benefit the City in many ways. City Council Meeting Page 4 Tuesday,April 8,1997-7:00 p.m. Mayor Settle returned the discussion to the Council. After discussion, moved by Roalman/Smith to direct staff to bring back an informational item to the April 15, 1997 meeting regarding placing an advisory measure on the November 1997 ballot; motion carried (3-2,Williams, Romero opposed). Council concurred that they would continue the discussion on goal work programs to the April 15th meeting and postpone the GIS demonstration scheduled for April 15th until a later date. Mayor Settle recessed the meeting for a ten minute break,then reconvened the meeting. Council Members discussed concerns that there may not be time to schedule a special election if the April Ir item regarding that issue did not include provisions for action. Moved by Roalman/Smith to bring back an action item, including any necessary resolutions to call a November, 1997 election for an advisory vote on the Cal Poly sports fields issue,at the April 15, 1997 meeting; motion carried (3-2,Williams, Romero opposed). Finance Director Statler referred to the Budget adoption calendar and noted that the May 17th workshop date is a conflict for a council member. He asked Council to schedule two evening meetings in place of the Saturday workshop,and Council Members agreed that May 191'and May 22nd would be set as budget study sessions. 2. ACCESS TO CABLE TELEVISION (File No. 194) Council considered a report on the history of Public, Education and Government(PEG)access to cable television and its current status in the City of San Luis Obispo and potential for future development. Assistant to the CAO Georoe introduced the item and introduced Kathleen Schuler of Schuler& Associates. Ms.Schuler gave a brief history of her activities with the Consortium for Community Media and presented the history of PEG access. She clamed that satellite channels currently have no provisions for carrying local channels,as do cable carriers. She stated that none of the cable television acts set definitions for individual communities. She differentiated between Public and Govemment/Education portions of the issue: She stated that the City has the option to either move forward or not, but that doing nothing will cause the loss of the opportunity. She said that if the City chooses to move forward,we need a management plan to access funds and a management structure in place for both Government and Public Access. She stated that Council may wish to establish a non profit corporation to manage: PEG access channels; public access(policies; equitable access;training;equipment; assumes liability); an interactive bulletin board system; and partnerships with schools. She outlined the strengths and weaknesses of centering access around a non profit organization to manage the PEG access and presented possible funding options. Mayor Settle opened the floor for public comment. Brad Brownoutlined his experience in public access TV and gave several examples of projects that have been produced and shown on public TV. He stated that his group wants a place to show their work. He said there has been a limited amount of public input and asked Council to convene a public committee. c�-y City Council Meeting Page 5 Tuesday,April 8,1997-7:00 p.m. Grace Middleton. Morro Bay,stated that the City of Morro Bay has put a hold on video taping Council Meetings and Planning Commissions; she urged Council to not be in a hurry to approve this. After discussion, moved by Smith/Roalman to provide conceptual approval of a proposed plan for government access that includes the broadcast of City Council meetings,and direct staff to return with a policy regarding the broadcasting of limited commission meetings, City production of informational videos and the use of the City's broadcast capability by outside organizations,and provide conceptual approval of a proposed plan for public access; motion carried (5-0). There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 11:35 p.m.to Wednesday,April 9,1997 at 8:30 a.m.in the Supervisor's Chamber, 1025 Monterey Street,San Luis Obispo. APPROVED BY COUNCIL: 5/6/97 BG:dr Bonnie L.Gawf,City Clerk MINUTES JOINT SAN LUIS OBISPO CITY COUNCIL-SLORTA -SLOCOG MEETING WEDNESDAY,APRIL 9, 1997-8:30 A.M. BOARD OF SUPERVISORS CHAMBER, COUNTY GOVERNMENT CENTER SAN LUIS OBISPO,CALIFORNIA ROLL CALL: SLORTA Delegates Present: Delegates Robert Reed, Peg Pinard, Ruth E. Brackett, Ray Johnson, John Brown, Laurence Laurant,Mike Lady ,Mike Ryan,Chris Iversen 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; Arnold Jonas, Community Development Director; Mike McCluskey; Public Works Director, Al Cablay, Public Works Manager, Harry Watson,Transit Manager PUBLIC COMMENT PERIOD PC1. There were no speakers under public comment MULTI-MODAL TRANSIT CENTER WORKSHOP Ronald De Carli,SLOCOG,introduced the item. City Public Works Director McCluskey presented the history and background of the project and a description of the components. He identified issues associated with the site and reviewed four options. He gave an overview of the proposed intermodal plan, including the Multi-modal Center (train station, regional bus center), Transit Superstop (downtown) and Local and Regional Bus System Route Operations. Steve Devencenzi. SLOCOG Senior Planner,discussed the multi-modal transit center, reviewing the proposed funding sources. He reviewed alternative designs for the center and noted that Alternative #2 is being used to complete the EIR process, as it is the most complex proposal. He clarified that the budget includes the complete project,including aesthetics. City Public Works Director McCluskey clarified that the freight building would be seismically strengthened as part of this project, but that complete restoration of the building would take place later. SLOCOG Senior Planner Devencenzi reviewed specifics of the alternatives, including parking spaces; connectivity between the train station and transit center, streetscape and aesthetics regarding the location of the freight house. He outlined the status of the ownership and control of the facility. Delegates and Council Members voiced concern regarding duplication of efforts in a joint ownership situation and discussion ensued regarding advantages of sole ownership of the facility by the City, with the critical issue identified as the contract agreement between the parties. Staff clarified that maintenance could be accomplished by having the City maintain the facility through a joint funding contract City Council Meeting Page 2 Wednesday,April 9,1997-8:30 a.m. Ray Bearing,Counsel for SLORTA&SLOCOG stated that he and City Attorney Jorgensen will draft a contract SLOCOG Senior Planner Devencenzi presented the conceptual site design and locations for the transit super stop, clarifying that the stop would operate more as a bus stop, rather than a transfer center. Pierre Rademaker. BIA representative and consultant, reviewed the consistency with the downtown concept plan. Pete Rogers, SLOCOG, reviewed the planning study .that is currently under way to enhance the public private partnership and gave objectives and the status of the study. He stated that emphasis is being placed on not allowing any partnership formed to compete with existing business. Chairwoman Brackett opened the floor for public comment. Craig Anderson. Sierra Club Representative,spoke in opposition to the proposed location, and said Sierra endorses some ideas proposed by Eugene Jud, such as a light rail system in the downtown. He stated that it is important to have the center of any system in the center of the city, and said that the stakeholders group should include bus riders. He asked that the discussion go back to square one. Eric Greening. Citizens Transportation Advisory Committee Representative, stated that their recommendation is to delay conceptual approval until bus riders have been consulted. Mary Chambers,Paso Robles,asked that adequate lighting at the train station be provided. Pat Mackey, Paso Robles, stated that the downtown design does not take private transportation services,such as ride on bus into consideration. Duane Leib. County General Services Director, stated that there is a problem with the current situation,which was considered temporary. Marshall Ochvlski clarified that all the stake holders are not in agreement He noted the JP Andrews building is not air conditioned and that the diesel fumes from the buses would be a problem for the inhabitants. Ray Nordguist Residents for Quality Neighborhoods, stated that his group is concerned about the impacts to the neighborhoods along Santa Barbara&Osos Streets. Bob Lombardi. Vintage Properties, stated that placing buses in front of the Andrews building will cause a major impact to the tenants and for the building owners. Saro Rizzo, 1020 Railroad Ave.,Caf6 Roma owner,stated that staff has addressed the parking issues well in the staff report,and spoke in support of the project Chairwoman Bracket returned the discussion to the Board and Council Members. After discussion,moved by SettieWilliams for City of SLO to proceed with multi model location plan grant conceptual approval and direct staff to work out the details; motion carried(S-0). Moved by IversenlRvan for SLORTA to endorse multi modal center concept;motion carries(10-0). Council Member Smith left the meeting at 10:45 a.m. City Council Meeting Page 3 Wednesday,April 9, 1997-8:30 a.m. Moved by Laurent/Lady to direct SLOCOG staff to work out details and seek other options for the super stop; motion carried(10-0). Moved by Settle/Romero to direct City staff to work out details and seek other options for the super stop; motion carried(40,Council Member Smith absent). Moved by Pinard/Laurent to give direction to SLOCOG staff to include a large swath in the noticing process, as well as ridership consultation, site plan development, details regarding contractual relationship and public concerns; motion carried(10-0). Moved by Settle/Williams to give direction to City staff to include a large swath in the noticing process, as well as ridership consultation, site plan. development, details regarding contractual relationship and public concerns; motion carried(40,Smith absent There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:15 a.m. to Tuesday, April 15, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 518197 BG:dr Bonnie L.Gawf,City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,APRIL 15, 1997-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Dodie Williams,Vice Mayor Bill Roalman,and Mayor Allen Settle City Staff Present: John Dunn,City Administrative Officer;Jeff Jorgensen,City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Bill Statler, Finance Director, Ann Slate, Director of Personnel; John Moss, Utilities Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief, Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director, Ron Whisenand, Development Review Manager, John Mandeville, Long Range Planning Manager; Neil Haviik, Natural Resources Manager, Judith Lautner,Associate Planner,Tom Baasch,Chief Building Official PRESENTATION Presl. Mayor Settle presented a Proclamation to Ruth Wilhelm of the Education Department of EOC Health Services for Teen Pregnancy Prevention Month. PUBLIC COMMENT PERIOD PCI. Cheryl Hoffman. SLO, requested that Item C4 be pulled from the consent calendar for a discussion and vote. PC2. Pat Veesart. SLO, asked Council to consider placing a measure on a November ballot regarding various water proposals and appointing a water committee to craft the language of the measure. PC3. Luther Bertrando. Friends of the Adobes, stated that the Friends have a lot of community support and volunteers to help, but he has concerns over the Rodriguez Adobe and the City's commitment to restore it. PC4. Dean Miller, 678 Pasatiempo, stated that the City should be doing more to preserve the Rodriguez Adobe. He asked Council to budget funds to restore the adobe. PC5. Andrew Waaa. SLO, spoke in support of participation in the construction of the Cal Poly Sports Complex. CONSENT AGENDA Mayor Settle noted that he has requests to pull items C4, C5 and C7 from the consent calendar for separate consideration. City Council Meeting Page 2 Tuesday,April 15,1997-7:00 p.m. Vice Mayor Roalman stated that he would be voting no on items C3 and C8. Moved by Smith/Romero to approve the Consent Agenda, Items C1, C2, C3, C6, C8, and C9 as recommended by the City Administrative Officer, motion carried. Council agreed to move items C4 and C5 to the end of the agenda. Council Member Williams stated that she does not concur with removing item C4 from the Consent Agenda. C7. Vice Mayor Roalman said that he cannot support the recommendation on item C7 to pay $16,950 to relocate the house at 860 Pacific Street. Public Works Director McCluskey explained that money that was budgeted for demolition was being used to move the building as a way to save the structure. Craig Anderson. Sierra Club, spoke in opposition, stating that this item is in violation of CEQUA. Moved by RomeroWilliams to award sale of surplus City property; motion carried (4-1, Roalman opposed). C1. MINUTES Council considered of the minutes of., Friday,Manch 14,1997 @ 2:30 p.m.; Tuesday,Manch 25, 1997 @ 8:00 a.m.; Tuesday,March 25,1997 @ 7:00 p.m.; Tuesday,April 1,1997 at 3:00 p.m.;and Tuesday,April 1,1997 @ 7:00 p.m Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion carried C2. ERNIE BALL ANNEXATION/PREZONING&GENERAL PLAN AMENDMENT (File No.441) Council considered giving final passage to an ordinance concurring with the mitigated negative declaration of environmental impact and prezoning two parcels totaling 13.46 acres on the south side of Suburban Road to Manufacturing. Moved by Smith/Romero final passage to Ordinance No. 1320; motion carried (5-0). C3. SPICE HUNTERISONIC CABLE ANNEXATION/PREZONING&GENERAL PLAN AMENDMENT (File No.441) Council considered giving final passage to an ordinance concurring with the mitigated negative declaration of environmental impact and prezoning two parcels totaling 14.44 acres between Tank Farm Road and Suburban Road at 180 and 190 Tank Farm Road to Manufacturing. Moved by Smith/Romero give final passage to Ordinance No.1321; motion carried (4-1, Roalman opposed). C4. PREFUMO CREEK HOMES (File No.441) Council considered giving final passage to an ordinance approving the prezoning of the developable portion of the 384-acre parcel at 1855 Pmfumo Canyon Road as R-1-5,Single-Family Residential with Special Consideration overlay zone,and the remainder as CF/OS-000,conservation Open Space with 400-acre minimum parcel size. Moved by Romero/Williams to give final passage to Ordinance No. 1322; motion carried(3-2, City Council Meeting Page 3 Tuesday,April 15,1997-7:00 p.m. Roalman, Settle opposed). C5. FIXED ROUTE TRANSIT SERVICES (File No.97-33) Council considered awarding a contract for"Fixed Route transit Services," Specification No.97-33 to Forsythe&Associates, Inc. Item was continued to April 17, 1997 at 7:00 p.m. C6. SUBURBAN ROAD ANNEXATION (File No.441) Council considered ordering territory designated as LAFCo Annexation#44 annexed too the City. (Annx.17-06). Moved by Smith/Romero to adopt Resolution.No.8660 ordering annexation; motion carried (5-0). C7. SURPLUS PROPERTY (File No.168) Council considered awarding sale of surplus City property at 860 Pacific Street for removal to another site,to Keith Slocum at the sale price of one dollar,and authorize payment of$16,950 for relocation costs. Moved by RomerolWilliams to award sale of surplus City property; motion carried(4-1, Roalman opposed). CO. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS (File No.622) Council considered adjusting annual salary and other benefits of the City Administrative Officer and the City Attorney and establishing an executive plan under Section 401(a)of the Internal Revenue Code. Moved by Smith/Romero to adopt Resolution No.8661 adjusting salary and benefits for the CAO, adopt Resolution No.8662 adjusting salary and benefits for the City Attorney,and adopt Resolution No.8666 establishing an executive plan; motion carried(4-1, Roalman opposed). C9. JENNIFER STREET BRIDGE (File No.93-04) Council considered of awarding a contract to Nick E.Pokrajac, Inc.in the amount of$1,067,216.76 for the"Jennifer Street Pedestrian/Bicycle Bridge,"Specification No.93-04B. Moved by Smith/Romero to award contract; motion carried(5-0). COUNCIL LIAISON REPORTS CLR7. Council Member Williams reported on the last PCC meeting, saying that the PCC is concerned that statewide tourism levels are down. She reported that the Chamber Visitor Center has extended hours. She reported on the BIA Board meeting, saying that there have been problems on Broad Street on Thursday nights, but that Increasing the street lighting has helped the situation. CLR2. Council Member Smith reported that there is an upcoming meeting of the HRC regarding issues surrounding the homeless shelter. CLR3. Council Member Romero announced May 1"Is a National Day of Prayer. 69-1 -�/ City Council Meeting Page 4 Tuesday,April 15,1997-7:00 p.m. CAO Dunn recommended that Item CS be continued to a date certain as there are additional issues which staff needs to address. Mayor Settle announced changes to the order of the agenda. Council agreed to continue Item CS and the Item 6,Council Goal Work Program,to Thursday,April 17,1997 at 7:00 p.m. PUBLIC HEARINGS 1. APPEAL-SENIOR HOUSING AT 61 BROAD STREET (File No.407) Council held a public hearing to consider appeals by Bill McLennan,Jan Scuri,Charlotte Moskiman, and Florence Tartaglia of a Planning Commission action approving a change in occupancy for the building at 61 Broad Street from unrestricted to senior housing,and allowing development of an assisted-cam facility on the site of the existing parking lot adjacent to Broad Street; Smith& Company,applicant Develop Review Manager Whisenand presented an overview,and Associate Planner Lautner presented details surrounding the project and the appeals. She stated that the proposed building meets all R-4 standards,and that staffs recommendation is to adopt a resolution denying the appeals. Mayor Settle opened the public hearing. Bill McLennan.706 Meinecke St,summarized concerns regarding the size of the building, setbacks,parking and traffic. He spoke about concems regarding density if two people are allowed to live in each room. He asked Council to direct staff to further study the density and parking issues. Florence Tartaglia,70 N. Broad St,agreed with the previous speaker's comments and stated that the size of the building must be addressed,as well as the proposed use. She asked that the height and size of the building blend with the neighborhood. Hamis Marshall.555 Ramona Dr.,applicant,stated that the project will provide a multi level care facility for the community. He stated that parking,architecture,setbacks,and density have been researched and mitigation has been incorporated into the project. Jack Whitter, 555 Ramona Dr.,applicant,stated that the nature of the facility Is to keep people as Independent as possible, but to provide some assistance for residents. He provided statistics regarding parking for this type of facility. Patrick Smith.555 Ramona Dr.,applicant,stated that there is an overwhelming community need for this type of facility. If certain densities are not met,the units cannot be kept affordable. He said that there are currently 134 residents at the Village now. He noted that in the past up to 561 students lived on the property. Alec Paranides.Santa Barbara,applicant,stated that the project fills a community need for a limited care facility. He said that lowering the density will only increase the cost of the units. Lloyd Dietrich.55 Broad,Apt 119,urged Council to deny the appeal,stating that it's important to have this type of facility in the community. He stated that the present owners have made significant improvements to the property since purchasing it. Jacob Feldman.711 Murray,spoke in favor of the appellants,stating that the project is dramatically out of scale with the neighborhood and the parking in inadequate. Roberta Foster,748 Meinecke,supported the appellants. City Council Meeting Page 5 Tuesday,April 15,1997-7:00 p.m. Madelyn Rosner,721 Murray SL,spoke in support of the appeal. Dr.Steven Goodman, SLO, asked Council to deny the appeal,stating that the facility is needed in the community. He stated that the proposed project will provide a transition from independent living to assisted care. Mayor Settle closed the public hearing. Council Members discussed creek setbacks, parking and the architectural review process that has already taken place,as well as future ARC review. Moved by Roalman/Smith to allow conversion of the existing building, but not approve the new building until the ARC has reviewed the project again,and continue the item until May 20, 1997; motion carried (4-1,Williams opposed). 2. SEISMIC STRENGTHENING PROGRAM (File No.707) Council held a public hearing to consider amending the administrative provision of the Uniform Code for Building Conservation(UCBC)to establish criteria as to when unreinforced masonry(URM) buildings must be strengthened and establishing several incentives designed to encourage owners of URM buildings to voluntarily strengthen their buildings. Chief Building Official Baasch presented the staff report,reviewing the history,and requirements for reinforcement of specific situations. He stated that studies indicate that increased safety results from reinforcement. He reviewed two levels of phasing for the unreinforced masonry program,and noted that by the year 2017 all URM buildings within the City will be strengthened to level B or demolished. Howard Carroll.Chairman of the Seismic Task Force,recommended that Council adopt the proposed program,stating that it is a compromise that has concurrence from the business community and meets the goals of the City Council. Mayor Settle opened the public hearing. Patrick Gerety, SLO,spoke in opposition to the program,saying it would be too expensive for property owners to comply,and this program does not protect peoples' health&safety for the next 20 years. Mayor Settle closed the public hearing. After discussion,moved by Smith/Romero to introduce Ordinance No. 1323 to print amending the administrative provisions of the UCBC,adopt Resolution No.8663 establishing incentives to encourage building strengthening and providing economic assistance,and appropriate$250,000 from the General Fund unreserved fund balance to support the grant component of the incentive program; motion carried(5-0). S. SPECIAL ELECTION-SPORTS COMPLEX PARTICIPATION (File No.324) Council considered calling a Special Municipal Election on November 4, 1997,to place an advisory ballot measure before the electors asking whether the City should participate financially in the proposed Cal Poly Sports Complex. Council agreed to limit speakers to two minutes each due to the number of speakers and the lateness of the hour. Mayor Settle opened the floor for public comment. City Council Meeting Page 6 Tuesday,April 15,1997-7:00 p.m. Larry Voss,SLO,spoke in support of the sports facility,stating that the project meets a vital need for the community. He stated he is opposed to an advisory vote. Wendv Pvaer.15"Tanglewood,Chair of P&R Commission,affirmed the commission's whole- hearted support of the project and encouraged the council to make the decision without a vote. Mary Young,SLO,spoke in support of City Participation in the Cal Poly project,and urged the Council to make the decision now. Lloyd Dietrich,SLO,spoke in support of City participation in the Cal Poly project,and urged Council to decide the issue. Louis Verdugo.Jr.,SLO,stated that the Issue should be brought up for a vote of the citizenry. Steve Zoradi.SLO, presented a petition signed by 400 people in support of the partnership between Cal Poly and the City,and asked Council to decide the issue tonight,without an election. Bill Storm,3057 S. Higuera,#96,asked Council to consider the future when they vote tonight. John Snatafore, 1303 Garden Street,spoke in support of City participation in the Cal Poly Sports Complex and asked Council to make the decision, not take it to a vote. Hal Segal,stated that he is interested in locating a place where the City can build their own fields. He spoke in opposition to participation by the City in the Cal Poly project. Steve McShane.SLO,spoke in support of the project,and urged Council to make the decision tonight and not put it off until November. Dan Schultze.SLO,spoke in support of City participation in the Sports Complex project,stating that this is a small investment for the amount of return. Michael Seitz.SLO,spoke in support of City participation in the Sports Complex project and urged Council to decide the issue without placing it on the ballot. Rick Crocker.6 Chuparrosa Dr.,spoke in support of City participation in the Cal Poly project,and urged Council to decide the issue without calling an election. Helen King.SLO,spoke in support of City participation in the Cal Poly project,and urged Council to decide the issue. Richard Kiet,Bishop's Peak Resident,spoke in support of City participation,and urged Council to decide the issue without bringing. Bill Thoma,SLO,stated for the record that he is donating his time for this project and would not make a profit from it. He spoke in support of City participation,saying that it makes sense for public agencies to share resources. He asked Council to make the decision without bringing it to a vote. Steven Jobst SLO,spoke in support of the project,stating that there is also a need among the adults for these fields. He stated that this is similar to the PAC partnership and urged Council to decide the issue now. Karen Becker.Cal Poly Graduate,SLO resident,spoke in opposition to participation in the Cal Poly project, and spoke in support of bringing the item to a public vote. Sally Stoner.755 Azalea Court,spoke in support of City participation in the Cal Poly project,and e��y City Council Meeting - Page 7 Tuesday,April 15,1997-7:00 p.m. urged Council to take a leadership position and make the decision tonight Jean Usilton. 259 N.Tassajara,spoke in support of City participation in the project,and urged Council to make the decision, and not postpone it for a November vote. Rollie McCormick.SLO,spoke in support of City participation in the Cal Poly project,and in opposition to placing the issue on a ballot measure. John Ewan, SLO,spoke in support of City participation in the Cal Poly project,and urged the Council to make the decision. He noted that bus service is already In place for that location. Phil Ashley.SLO,spoke in opposition to City participation in the project,and asked Council to locate land on which to build their own fields. LaVerne Schneider, 1356 Marsh,spoke in opposition to locating a sports complex at Cal Poly; she asked Council to place the issue on the ballot Carla Sanders.SLO,spoke in opposition to City participation in the project,and asked Council to call an election to decide the matter. David Garth.2046 San Luis Drive, Chamber of Commerce President,spoke in favor of City participation in the Cal Poly project Bruce Bennett.SLO,stated that though he is in favor of sports, he does not support City participation in the Cal Poly Sports Complex,as he does not believe the City will benefit adequately to justify the expense. He urged Council to build facilities within the City limits. Penny Raoaa.SLO,spoke in support of participation in the Cal Poly project,and stated that other City facilities have all been achieved through partnerships and donations;she urged Council to make the decision. Frank Liebens,Cal Poly,stated that he regrets the impression his letter has left with some,stating that Cal Poly is already on a tight time schedule,and that he thought that Cal Poly had clarified their time frames to the City Council. He stated that Cal Poly has been developing a plan consistent with the June date given to them by the City,and that delaying until November will cause further delays due to winter weather. He said it is necessary to have some sense of the scope of the project now so they can move forward with the design. At the request of the Council Bob Kitamira.Director of Facilities Planning at Cal Poly,clarified an issue regarding contracts signed for a road realignment. Council Member Roalman asked for clarification regarding the delay. FL stated that there is a time limit on part of the funding and added costs due to the bond financing. Vice Mayor Roalman asked if calling an election would preclude City participation FL stated it would due to the time schedules. Vice Mayor Roalman asked if phasing were an option and how it would effect the design costs. FL said that phasing will add a cost Todd Murohy.Santa Clara Street,spoke in support of participation,and asked Council to decide the issue without placing It on the ballot Lance Parker.SLO,asked Council to make the decision,stating that is what they were elected to do. Mark Brazil.SLO,spoke in opposition to placing the issue on a ballot,and stated that sports fields are needed. Beth James,SLO,spoke in support of City participation in the sports complex project,and spoke /is City Council Meeting Page 8 Tuesday,April 15,1997-7:00 p.m. in opposition to placing the issue on the ballot. Gary Cullev.SLO,spoke In support of City participation in the Sports Complex project,and spoke in opposition to placing the issue on the ballot. Mayor Settle returned discussion to the Council. After discussion, moved by Williams/Romero to receive information,direct staff not to pursue a November advisory election; motion carried(S-0). Moved by Smith/Williams to support the work program with the exception of the tourism dollars funding; motion carried (S-0) . Moved by Smith/Williams to direct staff to take the issue of the allocation of tourism dollars back to the PCC for further analysis and a recommendation to Council; motion carried (4-1, Roalman opposed) 3. APPEAL-CARL'S JR.-290 MADONNA ROAD (File No.407) Council held a public hearing to consider an appeal by Peter Simmons of Urban Planning Concepts, Inc. of an Architectural Review Commission denial of a request to revise the colors for the existing Carl's Jr.located at 290 Madonna Road;Carl Karcher Enterprises,Inc.,applicant Development Review Manager Whisenand presented the staff report, giving the reasons that the ARC took the action. Mayor Settle opened the public hearing. Peter Simmons. Urban Planning Concepts, presented a proposal for a color change to the building on Madonna Road. He said that the existing building does not fit in with other surrounding commercial development in the area. Wade Goding. Project Manager,stated that the inside of the building has been remodeled and the exterior needs to be updated to give the building a more modem look from the road. Mayor Settle closed the public hearing. After discussion,moved by Roalman/Smith to adopt Resolution No.8664 denying the appeal; motion tamed(3-2,Williams,Romero opposed). 4. WATER TRANSMISSION MAIN REPLACEMENT(File No.96-35) Council held a public hearing to consider approving a Mitigated Negative Declaration for the Water Transmission Main Replacement,California Blvd.to Reservoir No.2,Specification No.96-35. Public Works Director McCluskey presented the staff report Mayor Settle opened the public hearing,and having no requests to speak,closed the public hearing. After discussion,moved by Williams/Romero to adopt Resolution No.8665 approving the Mitigated Negative Declaration; motion carried (5-0). C4. PREFUMO CREEK HOMES (File No.441) Council considered giving final passage to an ordinance approving the prezoning of the developable portion of the 384-acre parcel at 1855 Prefumo Canyon Road as R-1-S,Single-Family Residential with / City Council Meeting Page 9 Tuesday,April 15,1997-7:00 p.m. Special Consideration overlay zone,and the remainder as CF/OS-000,conservation Open Space with 400-acre minimum parcel sae. Mayor Settle noted that he had a speaker slip from Christine Mulholland, but she was no longer in the audience. Moved by RomeroNVilliams to give final passage to Ordinance No. 1322: motion carried (3-2, Roalman,Settle opposed). Moved by Roalman/Smith to continue Item C5 and Item 6 to Thursday at 7:00 p.m.; motion carried (5-0). COMMUNICATIONS COMM1. John Dunn,City Administrative Officer,asked for clarification regarding whether Council planned to discuss conduit financing for Vista Hospital at their May a meeting. Council gave direction to staff to include the item on that agenda. BUSINESS ITEMS (GEOGRAPHIC INFORMATION SYSTEM UPDATE STUDY SESSION WAS DELETED AND WILL BE CONSIDERED AT A FUTURE MEETING.) 6. GOAL WORK PROGRAMS FOR 1997-99 (File No.233) Council considered review and approval of Council goal work programs for 1997-99. (Continued from 4/8/97.) Moved by Roalman/Smith to continue the item until April 17, 1997; motion carried(5-0). There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 12:10 a.m, to Thursday, April 17, 1997 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL:5/6/97 BG:dr Bonnie L.Gawf,City Clerk MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY,APRIL 17, 1997-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET 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 Hamplan, Assistant City Administrative Officer; Bill Statler, Finance Director; Jim Gardiner, Policy Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; John Mandeville, Long Range Planning Manager Ron Whisenand, Development Review Manager; Neil Havlik, Natural Resources Manager; Jane McVey, Economic Development Manager Pam Ricci, Associate Planner; Judith Lautner, Associate Planner, AI Cablay, Public Works Manager, Dave Elliott,Administrative Analyst; Reinie Jones, Transportation Technician; Harry Watson, Transit Manager; Terry Sanville,Transportation Planner PUBLIC COMMENT PERIOD PCI. Michael Seitz thanked the Mayor and Council for their vote regarding the Cal Poly Sports Complex. He voiced concerns regarding the message sent by a newspaper article which referenced a possibility of developing sports fields on property owned by Unocal. COUNCIL LIAISON REPORTS CLRI. Mayor Settle stated that he and Council Member Williams had attended the SCLC meeting this afternoon,where agenda items Included the upcoming Good Neighbor Day and Cultural Week. CLR2. Council Member Williams reported that the Cal Poly Inter Fraternity Council is developing a stricter alcohol policy for the fraternities,and is planning a run at Laguna Lake Park. CLR3. Council Member Smith noted that the first meeting of the Student Housing Task Force will be on May r. CLR4. CAO Dunn reported that the SCLC was informed about a proposed parking district around the perimeter of Cal Poly that will be considered at an upcoming Council Meeting. CLR5. Mayor Settle said the agenda for the All Cities meeting on June r has been distributed to Council Members. CLR6. Council Member Romero stated that he and Council Member Smith attended the HRC meeting on Wednesday,April 161 for the purpose of addressing the neighborhood issues with the homeless shelter. City Council Meeting Page 2 Thursday,April 17,1997-7:00 p.m. COMMUNICATIONS Comm1. Mayor Settle stated that he conversed with a representative from Unocal regarding a roller hockey facility. He said that the possibility of a future negotiation is open as an additional facility to the Cal Poly project, not a replacement for it. Comm2. Council Member Romero stated that Council wants to make it very clear that the Unocal property is not a substitute for the Cal Poly project. Comm3. Council Member Williams stated that she wished to confirm Council's commitment to moving ahead with a work program for the Cal Poly project. BUSINESS ITEMS 1. FIXED ROUTE TRANSIT SERVICES (File No.97-33) Council considered awarding a contract for"Fixed Route transit Services," Specification No.97-33 to Forsythe&Associates,Inc.(Continued from 4/15197-Item No.C-5.) Public Works Director McCluskey presented the staff report. He detailed the RFP and selection process. He clarified that this was not a bid process,but an RFP. Public Works Manager Cablav explained the details of how the proposals were ranked. Mayor Settle opened the floor for public comment. Irwin Rosenberg,VP at Laidlaw,Van Nuys,Ca.,stated that his company was the lowest responsible bidder. He said that the revisions of the proposals were incorrect and detailed his reasons for believing that his company should be chosen as the low bidder. He clarified his belief that honest mistakes had been made,and the discrepancies are not due to intentional favoritism. He said the basis for the decision should be on the original submitted price. Bill Forsythe. President of Forsythe Corp.,stated that many of the regulations cited by Mr. Rosenberg as a basis for his complaint do not apply to this situation. He asked Council to support staffs recommendation. Mayor Settle returned discussion to the Council. After discussion,moved by Romero/Roalman to approve award to Laidlaw and authorize Mayor to execute the contract,and authorize the transfer of$50,000 from the Multi-Modal Transportation Terminal project budget to a new project budget for bus operations and maintenance yard equipment and authorized staff to negotiate the contract; motion carried(3-2, Smith,Williams opposed). 2. GOAL WORK PROGRAMS FOR 1997-99 (File No.233) Council considered review and approval of Council goal work programs for 1997-99. (Continued from 211197,418197 and 4115197-Item No.6.) Finance Director Staffer presented the staff report. CAO Dunn clarified that tonight's process is for Council to clarify any modifications,deletions or additions to the work programs. Finance Director Statler gave a brief overview of each of the work plans. City Council Meeting Page 3 Thursday,April 17,1997-7:00 p.m. Council Members gave direction to staff to make the following considerations and modifications to the work plans: • Street and Sidewalk Plan—modify the"Issues we will face" paragraph. • Transit Service Plan—remove"service level reductions"from the Final Work Product paragraph. • Neighborhood Preservation Plan—referred to staff for revisions for a more proactive program. • Long Term Fiscal Health Plan—more proactive monitoring of State legislative actions. • Long Term Fiscal Health Plan—prepare a report containing the specific details of the tuition reimbursement program for review during the budget process. • Community Partnerships Plan—the Action Plan for community partnerships should be rearranged to study the matter before any further implementation. • Improved Vehicle Circulation Plan--prepare a memo to Council to provide information during the budget process regarding improving areas of congestion,such as S. Higuera,Santa Barbara&Osos,Marsh Street cross walk,traffic lanes at S.Santa Barbara&Broad, Foothill& Santa Rosa. • Continued Open Space Funding add bullet to the Action Plan stating that if the Bishop's Peak acquisition does not materialize, pursue other avenues for land or development rights acquisitions. • Continued Open Space Funding—set aside a second $100,000 if it can be leveraged at a ratio of at least 1-1,and clarify that a prerequisite for spending the first$100,000 is not that it be leveraged at that level. Mayor Settle opened the floor for public comment. Frank Seiole, 1711 Southwood,Chairman of ECOSLO,spoke regarding community partnerships, stating that the work plan does not mention nurturing existing organizations. He expanded on what ECOSLO has accomplished and recommended city-nonprofit partnerships. Mayor Settle returned discussion to the Council. Council concurred to approve work program goals as amended and move forward with the budget review schedule. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 10:35 p.m.to Tuesday, May 6, 1997 at 7:00 p.m. in the Council Chamber,990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 516197 BG:dr Bonnie L Gawf,City Clerk