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HomeMy WebLinkAbout03/17/1998, Agenda I I 1 Agenda nistribution List (9/97) IIMaid Subscriptions- (All mtgs.unless o/w noted) AIA President council APcnaa I ASI President CITY OF SAN LUIS OBISPI BIA /Deborah Holley C ITY HALL, 9 9 0 PALM ST Chamber of Commerce Cuesta College / K. Roberts B. Thoma / Chamber of Comm. Co. Board of Spvrs. Paul Hood, CO-Administration Housing Authority Tuesday, March 17 KCBX iKCOY KCPR: (2) Gen.Mgr. & News Dir. ADJOURNED KDDB ® REGULAR MEETING KGLO KKJG KSBY KUHL KVEC CALL TO ORDER: Mayor Allen K. Settle KPRL Library (front desk) Mustang Daily PLEDGE OF ALLEGIANCE New Times (front desk) Pac.Bell / V. Montalban Pac. Gas & Elec. / B.Burke ROLL CALL: Council Members Bill Roa Planning Comm. (k Comm. Dev.) Williams, Vice Mayor Kath So. Calif. Gas / V. Sterling Council of Govts / R. DeCarli League of Women Voters Telegram-Tribune (front desk) Public Interest Action Ctr. ECOSLO / Geoffry Land PUBLIC COMMENT PERIOD(not to exceed 15 minutes total) Res.forQual.Neigh / C.Sanders The Council welcomes your input You may address the Cound Sierra Club / Gary Felsman it to the City Clerk prior to the meeting. At this time, you may a SLO Property Owners Assoc. on the agenda or items on the Consent Agenda. Time limit is Fred Strong (The Citizen) the Council to discuss or take action on issues not Sonic Cable/Jackie q the agen UNOCAL/J. Bray staff may briefly respond to statements made or questions P Telegram Tribune/S.Lyons testimony rights(Gov. Code Sec. 54954.2). Staff may be asked Peg Pinard/SLO County and other written documentation relating to each item referred Walter Capps Clerk's Office in Room 1 of City Hall. II.Subscriptions Paid or Env. Provided (rea.mtas.only) ( John Whiley esq. Easter Rents, Inc. IMS/S. Krautheim EDA (Engr. Dev. Assoc. ) Ellenburg Capital Corp. Local Government Services RRM Design Group / LeeAnne Vista Information Services Wallace, John L. & Assocs. Walter Bros. Construction Co. A. J. Diani Construction ® Fugro Assoc. s . d A Cannon ssocsoc. Regular City Council meetings are broadcast on KCPR, 91.3 FM. SLO Bd. of Realtors the disabled in all of its services,programs,and activities. Telecommunicatiol Kimley-Horn to the City Clerk prior to the meeting if you require a hearing amplfication t i Council Agenda Tuesa",, March 17, 1998 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. COUNCIL MINUTES (GAWF) Consideration of the minutes of: Tuesday, March 3, 1998 at 6:30 p.m.; Tuesday, March 3, 1998, at 7:00 p.m.; and Thursday, March 5, 1998 at 11:30 a.m. + RECOMMENDATION: Waive oral reading and approve minutes as amended. C2. UTILITY TRENCH REPAIR PROJECT (McCLUSKEY/98-01) Consideration of plans and specifications for "Utility Trench Repair Project," Specification No. 98-01, total estimated project cost of$69,905. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract to the lowest responsible bid within the budget. C3. WATER & SEWERMAIN IMPROVEMENT PROJECT (McCLUSKEY/98-75) Consideration of plans and specifications for "Water and Sewermain Improvement Project: Mono - Peach to Walnut, Walnut- Morro To Chorro," Specification No. 098-75, engineer's estimate: Waterline - $70,400 including contingencies; Sewerline - $41,200 including contingencies. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract if the lowest responsible bid is within the engineer's estimate. C4. FINAL ACCEPTANCE -TRACT 2100 (McCLUSKEY/410) Consideration of accepting the public improvements for Tract 2100 and Minor Subdivision 92-127, a 13 residential lots development on Poinsettia Street north of Tank Farm Road; Priske-Jones Ventures/Poinsettia, LLC, subdivider. + RECOMMENDATION: Adopt resolution accepting public improvements. 2 Council Agenda Tuesdo,, March 17, 1998 C5. FINAL ACCEPTANCE -TRACT 2132 (McCLUSKEY/410) Consideration of final acceptance of public improvements for Tract 2132, a 46-lot residential subdivision at the southwest corner of Southwood Drive and Laurel Lane; Richard Loughead, subdivider. + RECOMMENDATION: Adopt resolution accepting improvements and withhold $2000 from the Faithful Performance surety to guarantee payment to the engineer for all monumentation costs. C6. PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS (HAMPIAN/1051) Consideration of approving the Promotional Coordinating Committee's (PCC) recommendation to allocate Enhanced Promotional Funds as follows: 1) $7,000 for promotion of the Business Improvement Association's (BIA) Farmer's Market 15"' Anniversary Celebration, and 2) $1,400 for promotion and marketing of the BIA's "How to Have a Farmers' Market in your Town" video. RECOMMENDATION: Approve the PCC's recommendation. I C7. BIA BY-LAWS AMENDMENTS (HOLLEY/471) Consideration of amending the BIA by-laws to include more accurate committee listings, name change, date changes, officer's titles and administrative duties. p + RECOMMENDATION: Adopt resolution approving amended by-laws. 8. BANNER & FLAG POLICIES & PROCEDURES (HAMPIAN/805) Consideration of modifications to the banner policy to create a separate section relating specifically to flags, and changes reflecting the move of administrative responsibility from the Public Works Department to the Parks and Recreation Department. + RECOMMENDATION: Adopt resolution amending Banner and Flag Policies and Procedures. C9. SKATEPARK PROGRAM EXPANSION (LeSAGE/812) Consideration of the expansion of the Santa Rosa Multi-Use Court area to include an additional concrete slab, fencing and construction of a new storage building with the use of volunteer labor and donations for the purpose of expanding the City's SkatePark program. + RECOMMENDATION: Authorize expansion of SkatePark program. 3 Council Agenda Tuesaay, March 17, 1998 C10. PENNINGTON CREEK ENHANCEMENT (MOSS/517) ` Consideration of plans and specifications, and grant application, for"Pennington Creek Riparian Enhancement." (Plans and specifications, and the grant proposal, are available in the Council Office.) + RECOMMENDATION: 1) Allocate an additional $25,000 from fund balance for completion of the Pennington Creek Enhancement Project for a total project budget of $150,000; 2) approve plans and specifications, authorize solicitation of bids, and authorize the CAO to award the contract if the low bid is within the engineer's cost estimate; and, 3) approve application to the State Department of Fish and Game for grant funding for this project and authorize the CAO to execute the associated grant agreements and property access agreements. C11. OPEN SPACE ORDINANCE (HAMPIAN/487) Consideration of giving final passage to an ordinance governing the public use of open space lands of the City. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1332. C12. CAMPAIGN ELECTION REGULATIONS (GAWF/323) Consideration of giving final passage to an ordinance updating the City's Election Campaign Regulations. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1333. C13. MID-HIGUERA DISTRICT ENHANCEMENT (JONAS/McCLUSKEY/536) Consideration of the Mid-Higuera District Enhancement Plan. + RECOMMENDATION: 1) Approve Enhancement Plan workscope; 2) authorize staff to solicit consultant proposals; and 3) authorize the CAO to contract for consultant services costing up to $65,000. APPOINTMENTS Al. BIA BOARD OF DIRECTORS (HOLLEY/123) Consideration of approving the appointment of re-elected/newly elected Business Improvement Association Board of Directors with terms expiring March 31, 1998 (six total). 4 Council Agenda Tuesda„ March 17, 1998 + RECOMMENDATION: Approve the re-election of Mike Stanton, and Brett Weaver to two-year terms, and the election of Doug Shaw, Joe DiLucia, Paul Brown, and Bob Schinkel to two-year terms ending March 31, 1998. A2. PLANNING COMMISSION (ROMERO/SMITH/123) Consideration of two appointments to the Planning Commission to vacancies occurring on March 31, 1998. + RECOMMENDATION: Appoint Penny Rappa to a four-year term expiring 3/31/2002, and reappoint Paul Ready to a four-year term expiring 3/31/2002. A3. PROMOTIONAL COORDINATING COMMITTEE (ROALMAN/SMITH/123) Consideration of two appointments to the Promotional Coordinating Committee for vacancies occurring on March 31, 1998. + RECOMMENDATION: Reappoint Sandy Baer to a four-year term expiring 3/31/2002, and appoint Mitch Massey to a four-year term expiring 3/31/2002. A4. PARKS & RECREATION COMMISSION (WILLIAMS/ROMERO/123) Consideration of an appointment to the Parks & Recreation Commission to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Recommendation will be distributed after the Council subcommittee meets with applicants on March 16, 1998. A5. PERSONNEL BOARD (WILLIAMS/SMITH/123) Consideration of an appointment to the Personnel Board to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Recommendation will be distributed after the Council subcommittee meets with applicants on March 12, 1998. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 5 Council Agenda TuescA.y, March 17, 1998 BUSINESS ITEMS 1. AMTRAK/MULTI-MODAL TRANSFER CENTER (MMTC) SITE (McCLUSKEY/537 - 60 min.) Consideration of approving the Mitigated Negative Declaration of Environmental Impact for property acquisition and development of the Multi-Modal Transit Transfer Center and public parking facility located at 1940 Santa Barbara Street and approving the conceptual layout of the MMTC. + RECOMMENDATION: Adopt resolution approving Mitigated Negative Declaration and give conceptual approval to MMTC layout. 2. COUNCIL COMPENSATION (GAWF/313 - 15 min.) Consideration of modifications to the current compensation package for the two-year period, January, 1999 through December, 2001. + RECOMMENDATION: Adopt resolution revising the Mayor and City Council Compensation Plan. 3. BUSINESS IMPROVEMENT ASSOCIATION NAME CHANGE (HOLLEY/471) J I Consideration of amending Chapter 12.36 of the San Luis Obispo Downtown Parking. and Business Improvement Area ordinance, adding Section 12.36.080C to change the name from the San Luis Obispo Downtown Business Improvement Association to the San Luis Obispo Downtown Association. + RECOMMENDATION: Introduce ordinance to print amending Chapter 12.30 of the SLO Municipal Code to approve the name change. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 549542). ADJOURN TO: 6 Council Agenda Tuesda,, March 17, 1998 f 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Dillingham v. City of San Luis Obispo - Pursuant to Government Code $ 54956.9 7.:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle PRESENTATIONS City Council presentation of the Annual BIA Beautification Awards. Presentation of a proclamation declaring April 4, 1998 as the "Day of the Child," and April, 1998,as "Month of the Child." Presentation of a proclamation of recognition to Eagle Scout Thomas Sunderland. PUBLIC COMMENT PERIOD(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on-issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. 7 Council Agenda Tuesoay, March 17, 1998 x PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please speak into the microphone and give your name and city of residence for the record. Please limit your comments to 3 minutes; consultant and project presentations limited to 10 minutes. If you challenge an issue in court, you may be limited to raising only those issues you or someone else raised at this public hearing as described below, or in written correspondence delivered to the City before or during the public hearing. 4. PUBLIC NUISANCE ABATEMENT - 663 CHURCH STREET (NEUMANN/722 - 15 min.) Public hearing to declare a public nuisance exists at 663 Church Street and ordering the abatement of same. (Continued from 2/3/98.) + RECOMMENDATION: Adopt resolution declaring nuisance and ordering abatement. 5. APPEAL - USE PERMIT FOR FRATERNITY - FOOTHILL BOULEVARD (JONAS/407 -45 min.) Public hearing to consider an appeal by Phi Sigma Zeta House Corp. of Lambda Chi .? Alpha of a Planning Commission action denying a use permit to establish a fraternity, and allow a reduced street yard setback from 15 feet to 10 feet to accommodate on-site parking, for property located on the north side of Foothill Boulevard between Carpenter Street and Crandall Way, (1292 Foothill Blvd.); Elaine Simer, applicant. + RECOMMENDATION: Adopt resolution ("A"), upholding the appeal, and approving the use permit, based on findings, and with conditions and code requirements. 6. APPEAL - USE PERMIT FOR HOSTEL - SANTA ROSA ST. (JONAS/407 - 30 min.) \ Public hearing to consider an appeal by Wolfgang and Susanne Gartner of a Planning Commission action approving a use permit to allow a hostel to be established in the R- p 3-H zone on property located on the west side of Santa Rosa Street, between Islay and Leff Streets (1617 Santa Rosa); Elaine Simer, applicant. + RECOMMENDATION: Adopt resolution ("A")denying the appeal, and upholding the Planning Commission's action to approve the use permit, based on findings, and with conditions and code requirements. 8 Council Agenda Tuesda,, March 17, 1998 7. GENERAL PLAN AMENDMENT - 2238 BROAD STREET (JONAS/463 - 90 min.) Public hearing to consider a General Plan Amendment, zone reclassification and use permit to allow a 51,707 square foot neighborhood commercial center at 2238 Broad Street between Santa Barbara and Alphonso Streets and, an appeal of the project's environmental determination. + RECOMMENDATION: 1) Deny the appeal of the environmental determination and p find that the Environmental Initial Study adequately addresses potential environmental impacts of the project; 2) conceptually approve a General Plan Map Amendment to change the land use designations from Services and Manufacturing to Neighborhood- Commercial; from Government Facilities to Neighborhood-Commercial; and from Services and Manufacturing to Government Facilities, effective upon recordation of an approved Parcel Map, and direct staff to aggregate the resolution with other proposed General Plan amendment actions for adoption by a single motion at the end of the meeting; 3) introduce an ordinance to rezone the site from Public Facility to Neighborhood-Commercial (PF to C-N); from Service-Commercial to Public Facility (C- S to PF); and from Service -Commercial to Neighborhood-Commercial (C-S to C-N, effective upon recordation of an approved Parcel Map; and, 4) adopt resolution approving a use permit to allow a 10 percent shared parking reduction effective upon recordation of an approved Parcel Map, and take no action on the setback exceptions referring the matter to the Architectural Review Commission for resolution of appropriate setbacks as part of that review process. 8. GENERAL PLAN AMENDMENT - PRIVATE INDUSTRY COUNCIL (JONAS/463 -45 min.) Public hearing to consider an appeal by the Private Industry Council of the Planning Commission's denial of a General Plan Land Use text amendment to expand the social services node of the City's "tri-polar policy" to include properties located west of South Higuera and south of Prado Road. + RECOMMENDATION: Adopt resolution ("A") denying the appeal and upholding the Planning Commission's action. 9. GENERAL PLAND LAND USE ELEMENT AMENDMENT - MAINO OPEN SPACE (JONAS/463 - 5 min.) Public hearing to consider proposed amendments of the General Plan Land Use element map and text to reflect the City's recent open space acquisition on San Luis Mountain, west of the Highway 101-Marsh Street interchange (Maino Family property). 9 Council Agenda Tuesu .y, March 17, 1998 Xz dRECOMMENDATION: Adopt a resolution to: 1) change the Land Use element map esignation from Interim Open Space to Open Space, and move the urban reserve line G` and the special design area boundaryat the Maino open space acquisition, and 2) delete the Land Use Element text references to the Maino property in the sections on Hillside Planning and Options Use and Special Design Areas. 10. GENERAL PLAN LAND USE ELEMENT AMENDMENT - FULLER ROAD &AERO DRIVE (JONAS/441 -45 min.) Public hearing to consider annexation, long-range plan amendments, and zoning in the vicinity of Fuller Road and Aero Drive. f RECOMMENDATION: A. Actions concerning entire proposed annexation area: A.1 Adopt a resolution to approve a Negative Declaration of Environmental Impact. A.2 Direct staff to complete, and bring to Council for approval, annexation agreements with all owners of land to be annexed. A.3 Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the county for all land to be annexed. B. Actions concerning the Fuller Road area: B.1 Adopt resolution recommendating that the Local Agency Formation Commission (LAFCo) approve annexation of about 75 acres east of Broad Street, from EI Capitan Way to and including the vicinity of Wisberg Lumber. B.2 Adopt resolution to amend the Edna-Islay Specific Plan, to show as Service Commercial areas that it has shown as Retail Commercial and as Rural Industrial, for consistency with the adopted General Plan. B.3 Introduce an ordinance to prezone the annexation area east of Broad Street R-1- SP, R-2-SP, C-S, and C/OS. C. Actions conceminq the Aero Drive area: CA Adopt resolution recommending that LAFCO approve annexation of about nine acres west of Broad Street and north of Aero Drive, including the Aero Drive right-of-way. C.2 Conceptually approve a General Plan Land Use Element Map amendment to change the annexation area north of Aero Drive from Tourist Commercial to Services Manufacturing, and the County-owned property within the Airport road loop from Tourist Commercial to Public; direct staff to.aggregate the approval resolution with the other conceptually approved General Plan amend- ments for adoption by a single motion at the end of this meeting. C.3 Introduce an ordinance to prezone the annexation area north of Aero Drive Service Commercial with Special Considerations (C-S-S). CA Direct staff to finish negotiating a draft agreement with the County concerning special parking, improvement, and maintenance provisions for the Aero Drive 10 Council Agenda Tuesda,, March 17, 1998 right-of-way, and bring the agreement to council for approval. C.5 For the annexation area north of Aero Drive, give direction to the applicant and the Architectural Review Commission for the development plan to provide: additional landscaped setback along Broad Street, and emphasizing parking to the side or rear of buildings rather than between buildings and the street; on-site amenities for workers; space for truck loading that will allow some articulation of building facades that exceed 100 feet; landscaped walkways connecting the anticipated bus stop and building entry by a direct route; and special design consideration as an entry to the City. A. ADJOURN TO WEDNESDAY, MARCH 18, 1998 AT 11:30 A.M. IN THE COUNCIL HEARING ROOM, 990 PALM STREET. 11 4J COUNCIL AGENDA TRANSMITTAL FORM ORIGINATED BY: Pam Ricci, Associate Planner MEETING DATE: March 17, 1998 SUBJECT: Appeal of the Planning Commission's decision to deny a use permit (U 174-97) to establish a fraternity, and allow a reduced street yard setback from 15 feet to 10 feet to accommodate on-site parking, for property located on the north side of Foothill Boulevard between Carpenter Street and Crandall Way, near Cal Poly (1292 Foothill Blvd.). PLEASE NOTIFY: Lambda Chi Alpha 1617 Santa Rosa Street San Luis Obispo, CA 93401 Kevin Hauber P.O. Box 5141 San Luis Obispo, CA 93403 Elaine Simer 1292 Foothill Boulevard San Luis Obispo, CA 93405 COUNCIL AGENDA TRANSMITTAL FORM ORIGINATED BY: Pam Ricci, Associate Planner MEETING DATE: March 17, 1998 SUBJECT: Appeal of the Planning Commission's decision to approve a use permit(U178-97)to establish a hostel in the R-3 zone on property located on the west side of Santa Rosa Street,between Islay and Leff Streets (1617 Santa Rosa Street). PLEASE NOTIFY: Elaine Simer 1292 Foothill Boulevard San Luis Obispo, CA 93405 Wolfgang & Susanne Gartner 1635 Santa Rosa Street San Luis Obispo, CA 93401 Lambda Chi Alpha 1617 Santa Rosa Street San Luis Obispo, CA 93401 Residents for Quality Neighborhoods P.O. Box 12604 San Luis Obispo, CA 93406 COUNCIL AGENDA TRANSMITTAL, FORM ORIGINATED BY: Peggy Mandeville, Associate Planner MEETING DATE: March 17, 1998 SUBJECT: Consideration of a General Plan Amendment, Zone Reclassification and Use Permit to allow a 51,707 square foot neighborhood commercial center at 2238 Broad Street between Santa Barbara and Alphonso Streets and an appeal of the project's environmental determination (City File Nos.: ER, GP/R, MS, A 32-96) PLEASE NOTIFY: Tom Courtney Courtney Architects 656 Santa Rosa Street, Suite 3A San Luis Obispo, CA 93401 GDan Lloyd Q/c_ EDA 1320 Nipomo Street San Luis Obispo, CA 93401 --Rob Strong Strong Planning Services 444 Higuera Street, Suite 201 San Luis Obispo, CA 93401 Randy Poltl R. Poltl and Associates 1328 Madonna Road San Luis Obispo, CA 93401 ✓Jim Lopes 2230 Exposition, 430 San Luis Obispo, CA 93401 78 COUNCIL AGENDA TRANSMITTAL FORM ORIGINATED BY: John Shoals, Associate Planner MEETING DATE: March 17, 1998 SUBJECT: Public hearing for City Council to consider an appeal to the Planning Commission decision to deny Project Application No. GPA 145-97, a request for a General Plan Land Use text amendment to expand the social services area, where governmental offices are allowed. The existing social services area is generally located to the northwest of Prado Road and South Higuera Street. GPA 145-97 proposes an expansion of that social services area south to include the Private Industry Council's offices at 3566 South Higuera. PLEASE NOTIFY: Applicant: Lee Farrero Private Industry Council 3566 S. Higuera Street #100 San Luis Obispo, CA 93401 Representative: Cannon Associates O 364 Pacific Street San Luis Obispo, CA 93401 ELI of o cl � r 1 ' n i � ;-.: I•� _ �^J:J�.1- ` GSL �- ��.�: IIIIIIII II city of sAn tOBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 March 11, 1998 Brad La Rose, Chairman San Luis Obispo Railroad Museum 1998 Santa Barbara Street San Luis Obispo, Ca 93401 Dear Brad: Just a note to say it was good to have an opportunity to talk to you, Karl and Brent the other morning about the plans for the Railroad Museum. The Multi-Modal Transportation Center is scheduled for March 17" and the Railroad Area Plan is scheduled for the City Council meeting of April 7'. As we discussed, it would be good to have your perspective at both of these meetings. Please feel free to call Bonnie Gawf, City Clerk, at 781-7104 to conform these times but, as of now, they look solid. Best personal regards, John D ,^ A ---strative Officer X GL I cc: S� aw�, Arnold Jonas /O/tt The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. V` Telecommunications Device for the Deaf (805) 781-7410. Id z-0z. council mcmomnbum March 11, 1998 TO: Mayor and City Council FROM: Bonnie Gawf, City Cler -, SUBJECT: Noticing for General Plan Amendments to be heard on March 17'. It has come to my attention that the publication of the legal ads for next Tuesday's meeting did not include the maps for our General Plan Amendments. The supervisor at the Telegram Tribune explained that a new person was being trained and failed to insert the maps according to our instructions. The TT has agreed to run the ad a second time, with the maps, tomorrow. While this second ad will not meet the ten-day deadline, it will serve as a clarification of the first advertisement, which did meet that deadline. As of today, the City Clerk's Office has not received any calls from the public regarding the notice. Even though the original publication did not include the maps, it meets the requirements of State law (G.C. 65094) and our Municipal Code (17.80.070), which govern the noticing of General Plan Amendments. Notices which included maps were also mailed to property owners within 300 feet of the proposed projects, as prescribed by state and local law. In addition to the Government and Municipal Codes, Resolution 6779 sets out extensive noticing procedures, but with a stipulation that, because the procedures may exceed requirements of the law, ". . .failure to provide such notice shall not be construed in any way as invalidating otherwise proper actions or decisions." This resolution lists publication of a map of General Plan Amendments as part of the normal procedure. I've consulted with the City Attorney, and we agree that the legal requirements for noticing have been met with the original publication and recommend holding the public hearings as planned. cc: John Dunn, City Administrative Officer Jeff Jorgensen, City Attorney Arnold Jonas, Community Development Director council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET TUESDAY, MARCH 17, 1998 ADDED ITEM: 6:45 p.m'. CLOSED SESSION Council HearingRoom 00 Palm Street CONFERENCE WITH PROPERTY NEGOTIATOR - - pursuant to Government Code § 54956.8 Property: 610 Monterey St. Negotiating Parties: City of San Luis Obispo: Mike McCluskey Property Owner Representatives: Allan Real Estate Investments Negotiation: Whether to Acquire 7:00 p.m. -ADDED ITEMS APPOINTMENTS - A6. BICYCLE ADVISORY COMMITTEE (ROALMAN/ROMERO/123) Consideration of appointments to the Bicycle Advisory Committee to fill three vacancies occurring on March 31, 1998, + RECOMMENDATION: Recommendation will be distributed after the Council subcommittee meets with applicants on March 13, 1998. A7. HUMAN RELATIONS COMMISSION (SMITH/WILLIAMS/123) Consideration of reappointing two members of the Human Relations Commission. + RECOMMENDATION: Reappoint Bill Tyson to a four-year term expiring on 3/31/2002, and reappoint Joan Lawrence to a one-year term expiring 3/31/99. I'r council acEnaa CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, March 17, 1998 ADJOURNED ® REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle PUBLIC COMMENT PERIOD(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting...At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. ® Regular City Council meetings are broadcast on KCPR, 91.3 FM. The City of San Luis Obispo is committed to include the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information, call 781-7103. Council Agenda Tuesd,-J" March 17; 1998 CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. COUNCIL MINUTES (GAWF) Consideration of the minutes of: Tuesday, March 3, 1998 at 6:30 p.m.; Tuesday, March 3, 1998, at 7:00 p.m.; and Thursday, March 5, 1998 at 11:30 a.m. + RECOMMENDATION: Waive oral reading and approve minutes as amended. C2. UTILITY TRENCH REPAIR PROJECT (McCLUSKEY/98-01) Consideration of plans and specifications for"Utility Trench Repair Project," Specification No. 98-01, total estimated project cost of$69,905. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract to the lowest responsible bid within the budget. C3. WATER & SEWERMAIN IMPROVEMENT PROJECT (McCLUSKEY/98-75) Consideration of plans and specifications for"Water and Sewermain Improvement Project: Morro - Peach to Walnut, Walnut - Morro To Chorro," Specification No. 098-75, engineer's estimate: Waterline - $70,400 including contingencies; Sewerline - $41,200 including contingencies. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract if the lowest responsible bid is within the engineer's estimate. C4. FINAL ACCEPTANCE -TRACT 2100 (McCLUSKEY/410) Consideration of accepting the public improvements for Tract 2100 and Minor Subdivision 92-127, a 13 residential lots development on Poinsettia Street north of Tank Farm Road; Priske-Jones Ventures/Poinsettia, LLC, subdivider. + RECOMMENDATION: Adopt resolution accepting public improvements. 2 Council Agenda Tueso_„ March 17, 1998 C5. FINAL ACCEPTANCE -TRACT 2132 (McCLUSKEY/410) Consideration of final acceptance of public improvements for Tract 2132, a 46-lot residential subdivision at the southwest corner of Southwood Drive and Laurel Lane; Richard Loughead, subdivider. + RECOMMENDATION: Adopt resolution accepting improvements and withhold $2000 from the Faithful Performance surety to guarantee payment to the engineer for all monumentation costs. C6. PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS (HAMPIAN%1051) Consideration of approving the Promotional Coordinating Committee's (PCC) recommendation to allocate Enhanced Promotional Funds as follows: 1) $7,000 for promotion of the Business Improvement Association's (BIA) Farmer's Market 15`h Anniversary Celebration, and 2) $1,400 for promotion and marketing of the BIA's "How to Have a Farmers' Market in your Town" video. + RECOMMENDATION: Approve the PCC's recommendation. C7. BIA BY-LAWS AMENDMENTS (HOLLEY/471) Consideration of amending the BIA by-laws to include more accurate committee listings, name change, date changes, officer's titles and administrative duties. + RECOMMENDATION: Adopt resolution approving amended by-laws. C8. BANNER & FLAG POLICIES & PROCEDURES (HAMPIAN/805) Consideration of modifications to the banner policy to create a separate section relating specifically to flags, and changes reflecting the move of administrative responsibility from the Public Works Department to the Parks and Recreation Department. + RECOMMENDATION: Adopt resolution amending Banner and Flag Policies and Procedures. C9. SKATEPARK PROGRAM EXPANSION (LeSAGE/812) Consideration of the expansion of the Santa Rosa Multi-Use Court area to include an additional concrete slab, fencing and construction of a new storage building with the use of volunteer labor and donations for the purpose of expanding the City's SkatePark program. + RECOMMENDATION: Authorize expansion of SkatePark program. 3 Council Agenda Tuesday, March 17, 1998 C10. PENNINGTON CREEK ENHANCEMENT (MOSS/517) Consideration of plans and specifications, and grant application, for"Pennington Creek Riparian Enhancement." (Plans and specifications, and the grant proposal, are available in the Council Office.) + RECOMMENDATION: 1) Allocate an additional $25,000 from fund balance for completion of the Pennington Creek Enhancement Project for a total project budget of $150,000; 2) approve plans and specifications, authorize solicitation of bids, and authorize the CAO to award the contract if the low bid is within the engineer's cost estimate; and, 3) approve application to the State Department of Fish and Game for grant funding for this project and authorize the CAO to execute the associated grant agreements and property access agreements. C11. OPEN SPACE ORDINANCE (HAMPIAN/487) Consideration of giving final passage to an ordinance governing the public use of open space lands of the City. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1332. C12. CAMPAIGN ELECTION REGULATIONS (GAWF/323) Consideration of giving final passage to an ordinance updating the City's Election Campaign Regulations. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1333. C13. MID-HIGUERA DISTRICT ENHANCEMENT (JONAS/McCLUSKEY/536) Consideration of the Mid-Higuera District Enhancement Plan. + RECOMMENDATION: 1) Approve Enhancement Plan workscope; 2) authorize staff to solicit consultant proposals; and 3) authorize the CAO to contract for consultant services costing up to $65,000. APPOINTMENTS Al. BIA BOARD OF DIRECTORS (HOLLEY/123) Consideration of approving the appointment of re-elected/newly elected Business Improvement Association Board of Directors with terms expiring March 31, 1998 (six total). 4 Council Agenda Tueso.,, March 17, 1998 + RECOMMENDATION: Approve the re-election of Mike Stanton, and Brett Weaver to two-year terms, and the election of Doug Shaw, Joe DiLucia, Paul Brown, and Bob Schinkel to two-year terms ending March 31, 1998. A2. PLANNING COMMISSION (ROMERO/SMITH/123) Consideration of two appointments to the Planning Commission to vacancies occurring on March 31, 1998. + RECOMMENDATION: Appoint Penny Rappa to a four-year term expiring 3/31/2002, and reappoint Paul Ready to a four-year term expiring 3/31/2002. A3. PROMOTIONAL COORDINATING COMMITTEE (ROALMAN/SMITH/123) Consideration of two appointments to the Promotional Coordinating Committee for vacancies occurring on March 31, 1998. + RECOMMENDATION: Reappoint Sandy Baer to a four-year term expiring 3/31/2002, and appoint Mitch Massey to a four-year term expiring 3/31/2002. A4. PARKS & RECREATION COMMISSION (WILLIAMS/ROMERO/123) Consideration of an appointment to the Parks & Recreation Commission to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Recommendation will be distributed after the Council subcommittee meets with applicants on March 16, 1998. A5. PERSONNEL BOARD (WILLIAMS/SMITH/123) Consideration of an appointment to the Personnel Board to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Recommendation will be distributed after the Council subcommittee meets with applicants on March 12, 1998. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. 5 Council Agenda Tuesday, March 17, 1998 BUSINESS ITEMS 1. AMTRAK/MULTI-MODAL TRANSFER CENTER (MMTC) SITE (McCLUSKEY/537 - 60 min.) Consideration of approving the Mitigated Negative Declaration of Environmental Impact for property acquisition and development of the Multi-Modal Transit Transfer Center and public parking facility located at 1940 Santa Barbara Street and approving the conceptual layout of the MMTC. + RECOMMENDATION: Adopt resolution approving Mitigated Negative Declaration and give conceptual approval to MMTC layout. 2. COUNCIL COMPENSATION (GAWF/313 - 15 min.) Consideration of modifications to the current compensation package for the two-year period, January, 1999 through December, 2001. + RECOMMENDATION: Adopt resolution revising the Mayor and City Council Compensation Plan. 3. BUSINESS IMPROVEMENT ASSOCIATION NAME CHANGE (HOLLEY/471) Consideration of amending Chapter 12.36 of the San Luis Obispo Downtown Parking and Business Improvement Area ordinance, adding Section 12.36.080C to change the name from the San Luis Obispo Downtown Business Improvement Association to the San Luis Obispo Downtown Association. + RECOMMENDATION: Introduce ordinance to print amending Chapter 12.30 of the SLO Municipal Code to approve the name change. COMMUNICATIONS(not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). ADJOURN TO: 6 Council Agenda Tueso.,, March 17, 1998 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Dillingham v. City of San Luis Obispo - Pursuant to Government Code $ 54956.9 7:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle PRESENTATIONS City Council presentation of the Annual BIA Beautification Awards. Presentation of a proclamation declaring April 4, 1998 as the "Day of the Child," and April, 1998,as "Month of the Child." Presentation of a proclamation of recognition to Eagle Scout Thomas Sunderland. PUBLIC COMMENT PERIOD(not to exceed 15 minutes total)- The Council welcomes your input You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you.may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit"is three minutes. State law does not allow the Council to discuss or take action-on issues not on the agenda, except-that members of the Council or staff may briefly respond to statements made or questions posed -by persons exercising their public testimony rights(Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this.agenda are on file in the City Clerk's Office in Room 1 of City Hall. 7 Council Agenda Tuesday, March 17, 1998 PUBLIC HEARINGS If you have filled out a Speaker Slip, the Mayor will call you to the podium. Please speak into the microphone and give your name and city of residence for the record. Please limit your comments to 3 minutes; consultant and project presentations limited to 10 minutes. If you challenge an issue in court, you may be limited to raising only those issues you or someone else raised at this public hearing as described below, or in written correspondence delivered to the City before or during the public hearing. 4. PUBLIC NUISANCE ABATEMENT - 663 CHURCH STREET (NEUMANN/722 - 15 min.) Public hearing to declare a public nuisance exists at 663 Church Street and ordering the abatement of same. (Continued from 2/3/98.) ♦ RECOMMENDATION: Adopt resolution declaring nuisance and ordering abatement. S. APPEAL - USE PERMIT FOR FRATERNITY - FOOTHILL BOULEVARD (JONAS/407 - 45 min.) Public hearing to consider an appeal by Phi Sigma Zeta House Corp. of Lambda Chi Alpha of a Planning Commission action denying a use permit to establish a fraternity, and allow a reduced street yard setback from 15 feet to 10 feet to accommodate on-site parking, for property located on the north side of Foothill Boulevard between Carpenter Street and Crandall Way, (1292 Foothill Blvd.); Elaine Simer, applicant. ♦ RECOMMENDATION: Adopt resolution ("A"), upholding the appeal, and approving the use permit, based on findings, and with conditions and code requirements. 6. APPEAL - USE PERMIT FOR HOSTEL - SANTA ROSA ST. (JONAS/407 - 30 min.) Public hearing to consider an appeal by Wolfgang and Susanne Gartner of a Planning Commission action approving a use permit to allow a hostel to be established in the R- 3-H zone on property located on the west side of Santa Rosa Street, between Islay and Leff Streets (1617 Santa Rosa); Elaine Simer, applicant. ♦ RECOMMENDATION: Adopt resolution ("A") denying the appeal, and upholding the Planning Commission's action to approve the use permit, based on findings, and with conditions and code requirements. 8 Council Agenda Tuesu.y, March 17, 1998 7. GENERAL PLAN AMENDMENT - 2238 BROAD STREET (JONAS/463 - 90 min.) Public hearing to consider a General Plan Amendment, zone reclassification and use permit to allow a 51,707 square foot neighborhood commercial center at 2238 Broad Street between Santa Barbara and Alphonso Streets and, an appeal of the project's environmental determination. + RECOMMENDATION: 1) Deny the appeal of the environmental determination and find that the Environmental Initial Study adequately addresses potential environmental impacts of the project; 2) conceptually approve a General Plan Map Amendment to change the land use designations from Services and Manufacturing to Neighborhood- Commercial; from Government Facilities to Neighborhood-Commercial; and from Services and Manufacturing to Government Facilities, effective upon recordation of an approved Parcel Map, and direct staff to aggregate the resolution with other proposed General Plan amendment actions for adoption by a single motion at the end of the meeting; 3) introduce an ordinance to rezone the site from Public Facility to Neighborhood-Commercial (PF to C-N); from Service-Commercial to Public Facility (C- S to PF); and from Service -Commercial to Neighborhood-Commercial (C-S to C-N, effective upon recordation of an approved Parcel Map; and, 4) adopt resolution approving a use permit to allow a 10 percent shared parking reduction effective upon recordation of an approved Parcel Map, and take no action on the setback exceptions referring the matter to the Architectural Review Commission for resolution of appropriate setbacks as part of that review process. 8. GENERAL PLAN AMENDMENT - PRIVATE INDUSTRY COUNCIL (JONAS/463 -45 min.) Public hearing to consider an appeal by the Private Industry Council of the Planning Commission's denial of a General Plan Land Use text amendment to expand the social services node of the City's "tri-polar policy" to include properties located west of South Higuera and south of Prado Road. + RECOMMENDATION: Adopt resolution ("A") denying the appeal and upholding the Planning Commission's action. 9. GENERAL PLAND LAND USE ELEMENT AMENDMENT - MAINO OPEN SPACE (JONAS/463 - 5 min.) Public hearing to consider proposed amendments of the General Plan Land Use element map and text to reflect the City's recent open space acquisition on San Luis Mountain, west of the Highway 101-Marsh Street interchange (Maino Family property). 9 Council Agenda Tuesday, March 17, 1998 i RECOMMENDATION: Adopt a resolution to: 1) change the Land Use element map designation from Interim Open Space to Open Space, and move the urban reserve line and the special design area boundary at the Maino open space acquisition, and 2) delete the Land Use Element text references to the Maino property in the sections on Hillside Planning and Options Use and Special Design Areas. 10. GENERAL PLAN LAND USE ELEMENT AMENDMENT - FULLER ROAD & AERO DRIVE (JONAS/441 -45 min.) Public hearing to consider annexation, long-range plan amendments, and zoning in the vicinity of Fuller Road and Aero Drive. ♦ RECOMMENDATION: A. Actions concerning entire proposed annexation area: A.1 Adopt a resolution to approve a Negative Declaration of Environmental Impact. A.2 Direct staff to complete, and bring to Council for approval, annexation agreements with all owners of land to be annexed. A.3 Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the county for all land to be annexed. B. Actions concemin4 the Fuller Road area: B.1 Adopt resolution recommendating that the Local Agency Formation Commission (LAFCo) approve annexation of about 75 acres east of Broad Street, from EI Capitan Way to and including the vicinity of Wisberg Lumber. B.2 Adopt resolution to amend the Edna-Islay Specific Plan, to show as Service Commercial areas that it has shown as Retail Commercial and as Rural Industrial, for consistency with the adopted General Plan. B.3 Introduce an ordinance to prezone the annexation area east of Broad Street R-1- SP, R-2-SP, C-S, and C/OS. C. Actions concerning the Aero Drive area: CA Adopt resolution recommending that LAFCO approve annexation of about nine acres west of Broad Street and north of Aero Drive, including the Aero Drive right-of-way. C.2 Conceptually approve a General Plan Land Use Element Map amendment to change the annexation area north of Aero Drive from Tourist Commercial to Services Manufacturing, and the County-owned property within the Airport road loop from Tourist Commercial to Public; direct staff to aggregate the approval resolution with the other conceptually approved General Plan amend- ments for adoption by a single motion at the end of this meeting. C.3 Introduce an ordinance to prezone the annexation area north of Aero Drive Service Commercial with Special Considerations (C-S-S). CA Direct staff to finish negotiating a draft agreement with the County concerning special parking, improvement, and maintenance provisions for the Aero Drive 10 Council Agenda Tueso..;, March 17, 1998 right-of-way, and bring the agreement to council for approval. C.5 For the annexation area north of Aero Drive, give direction to the applicant and the Architectural Review Commission for the development plan to provide: additional landscaped setback along Broad Street, and emphasizing parking to the side or rear of buildings rather than between buildings and the street; on-site amenities for workers; space for truck loading that will allow some articulation of building facades that exceed 100 feet; landscaped walkways connecting the anticipated bus stop and building entry by a direct route; and special design consideration as an entry to the City. A. ADJOURN TO WEDNESDAY, MARCH 18, 1998 AT 11:30 A.M. IN THE COUNCIL HEARING ROOM, 990 PALM STREET. 11 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, March 17, 1998 . ACTION UPDATE _ ADJOURNED Council Chamber REGULAR MEETING 990 Palm Street PRESENT: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor Kathy Smith, Mayor Allen K. Settle PUBLIC COMMENT PERIOD(not to e)cceed'15 minutes total); The Council welcomes your,input. You'�may.address the Coundl by completing,a speaker slip and giving it 3o the City Clerk prior'to:the meeting :At this time, ' 4 may address;the:Cou.ncil;on:items.that are not on the agenda:or items on the,Consent Agenda.. Time.limit16 three minutes. `State.law'does^riot allow the Council-to.discuss or take actioridon issues not on.the agenda, except that.members,of the Council or staff inay bn$fly respond".to statements made..or questions posed bypersons exercising their public testimony rights(Gov Code$ec. 54954 2) WStaff may be asked to follow up on such items 'Staff reports and'other written documentation relating to each..item refer ed to oh.this agenda are on file in the City Clerk's Office in Room.1 of City Hall. CONSEW AGENDA The Consent Agenda is :approved on one-motion:" Council Members may-pull consent 'items .to be `considered'after Business items.. C1. COUNCIL MINUTES (GAWF) Consideration of the minutes of Tuesday, March 3, 1998 at 6:30 p.m.; Tuesday, March 3, 1998, at 7:00 p.m.; and Thursday, March 5, 1998 at 11:30 a.m. Council Agenda Action ,date Tuesoay,'March 17, 1998 + RECOMMENDATION: Waive oral reading and approve minutes as amended. FINAL ACTION: Approved(5-0). 2. UTILITY TRENCH REPAIR PROJECT (McCLUSKEY/98-01) Consideration of plans and specifications for"Utility Trench Repair Project," Specification No. 98-01, total estimated project cost of$69,905. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract to the lowest responsible bid within the budget. FINAL ACTION: Approved(5-0). C3. WATER & SEWERMAIN IMPROVEMENT PROJECT (McCLUSKEY/98-75) Consideration of plans and specifications for "Water and Sewermain Improvement Project: Morro - Peach to Walnut, Walnut - Morro To Chorro," Specification No. 098-75, engineer's estimate: Waterline - $70,400 including contingencies; Sewerline - $41,200 including contingencies. (Plans and specifications are available for review in the Council Office.) + RECOMMENDATION: Approve plans and specifications, authorize staff to advertise for bids, and authorize the City Administrative Officer to award contract if the lowest responsible bid is within the engineers estimate. FINAL ACTION: Approved(5-0). C4. FINAL ACCEPTANCE -TRACT 2100 (McCLUSKEY/410) Consideration of accepting the public improvements for Tract 2100 and Minor Subdivision 92-127, a 13 residential lots development on Poinsettia Street north of Tank Farm Road; Priske-Jones Ventures/Poinsettia, LLC, subdivider. + RECOMMENDATION: Adopt resolution accepting public improvements. FINAL ACTION: Resolution No. 8771 adopted(5-0). C5. FINAL ACCEPTANCE -TRACT 2132 (McCLUSKEY/410) Consideration of final acceptance of public improvements for Tract 2132, a 46-lot residential subdivision at the southwest corner of Southwood Drive and Laurel Lane; Richard Loughead, subdivider. 2 Council Agenda Action Upuate Tuesda,_, March 17, 1998 + RECOMMENDATION: Adopt resolution accepting improvements and withhold $2000 from the Faithful Performance surety to guarantee payment to the engineer for all monumentation costs. FINAL ACTION: Resolution No. 8772 adopted (5-0). C6. PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS (HAMPIAN/1051) Consideration of approving the Promotional Coordinating Committee's (PCC) recommendation to allocate Enhanced Promotional Funds as follows: 1) $7,000 for promotion of the Business Improvement Association's (BIA) Farmer's Market 151h Anniversary Celebration, and 2) $1,400 for promotion and marketing of the BIA's "How to Have a Farmers' Market in your Town" video. + RECOMMENDATION: Approve the PCC's recommendation. FINAL ACTION: Approved(5-0). C7. BIA BY-LAWS AMENDMENTS (HOLLEY/471) Consideration of amending the BIA by-laws to include more accurate committee listings, name change, date changes, officer's titles and administrative duties. + RECOMMENDATION: Adopt resolution approving amended by-laws. FINAL ACTION: Resolution No. 8773 adopted(5-0). C8. BANNER S FLAG POLICIES & PROCEDURES (HAMPIAN/805) Consideration of modifications to the banner policy to create a separate section relating specifically to flags, and changes reflecting the move of administrative responsibility from the Public Works Department to the Parks and Recreation Department. + RECOMMENDATION: Adopt resolution amending Banner and Flag Policies and Procedures. FINAL ACTION: Resolution No. 8774 adopted(5-0). C9. SKATEPARK PROGRAM EXPANSION (LeSAGE/812) Consideration of the expansion of the Santa Rosa Multi-Use Court area to include an additional concrete slab, fencing and construction of a new storage building with the use of volunteer labor and donations for the purpose of expanding the City's SkatePark program. 3 Council Agenda Action k-;.Jate Tuesday, March 17; 1998 + RECOMMENDATION: Authorize expansion of SkatePark program. FINAL ACTION: Approved with direction to staff to return to Council during the budget process for consideration of cost sharing. (5-0). C10. PENNINGTON CREEK ENHANCEMENT (MOSS/517) Consideration of plans and specifications, and grant application, for "Pennington Creek Riparian Enhancement." (Plans and specifications, and the grant proposal, are available in the Council Office.) + RECOMMENDATION: 1) Allocate an additional $25,000 from fund balance for completion of the Pennington Creek Enhancement Project for a total project budget of $150,000; 2) approve plans and specifications, authorize solicitation of bids, and authorize the CAO to award the contract if the low bid is within the engineer's cost estimate; and, 3) approve application to the State Department of Fish and Game for grant funding for this project and authorize the CAO to execute the associated grant agreements and property access agreements. FINAL ACTION: Approved(5-0). C11. OPEN SPACE ORDINANCE (HAMPIAN/487) Consideration of giving final passage to an ordinance governing the public use of open space lands of the City. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1332. FINAL ACTION: Ordinance No. 1332 given final approval(5-0). C12. CAMPAIGN ELECTION REGULATIONS (GAWF/323) Consideration of giving final passage to an ordinance updating the City's Election Campaign Regulations. (Continued from 3/3/98.) + RECOMMENDATION: Give final passage to Ordinance No. 1333. FINAL ACTION. Ordinance No. 1333 given final approval(5-0). C13. MID-HIGUERA DISTRICT ENHANCEMENT (JONAS/McCLUSKEY/536) Consideration of the Mid-Higuera District Enhancement Plan. 4 Council Agenda Action Upaate Tuesday-, March 17, 1998 + RECOMMENDATION: 1) Approve Enhancement Plan workscope; 2) authorize staff to solicit consultant proposals; and 3) authorize the CAO to contract for consultant services costing up to $65,000. FINAL ACTION.Amended workscope to include creek analysis and mobile home park as an alternate, approved(5-0). APPOINTMENTS Al. BIA BOARD OF DIRECTORS (HOLLEY/123) Consideration of approving the appointment of re-elected/newly elected Business Improvement Association Board of Directors with terms expiring March 31, 2000 (six total). + RECOMMENDATION: Approve the re-election of Mike Stanton, and Brett Weaver to two-year terms, and the election of Doug Shaw, Joe DiLucia, Paul Brown, and Bob Schinkel to two-year terms ending March 31, 2000. FINAL ACTION. Approved (5-0). A2. PLANNING COMMISSION (ROMERO/SMITH/123) Consideration of two appointments to the Planning Commission to vacancies occurring on March 31, 1998. + RECOMMENDATION: Appoint Penny Rappa or Jan Howell Marx to a four-year term expiring 3/31/2002, and reappoint Paul Ready to a four-year term expiring 3/31/2002. FINAL ACTION.Appointed Jan Howell Marx to a four year term and reappointed Paul Ready to a four-year term (3-2, DW/DR voting no). A3. PROMOTIONAL COORDINATING COMMITTEE (ROALMAN/SMITH/123) Consideration of two appointments to the Promotional Coordinating Committee for vacancies occurring on March 31, 1998. + RECOMMENDATION: Reappoint Sandy Baer to a four-year term expiring 3/31/2002, and appoint Mitch Massey to a four-year term expiring 3/31/2002. FINAL ACTION. Approved(5-0). 5 Council Agenda Action u-,,date Tuesday, March 17, 1998 A4. PARKS & RECREATION COMMISSION (WILLIAMS/ROMERO/123) Consideration of an appointment to the Parks & Recreation Commission to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Appoint Peter Dunan to a four year term ending on 3/31/2002, and thank Joe Kourakis for his service. FINAL ACTION. Approved(5-0). A5. PERSONNEL BOARD (WILLIAMS/SMITH/123) Consideration of an appointment to the Personnel Board to fill a vacancy occurring 3/31/1998. + RECOMMENDATION: Reappoint Marcy Villa to a four year term ending 3/31/2002, and appoint Michael Harkness to three year term ending 3/31/2001,and thank Dann Torrance for his service to the board. FINAL ACTION. Approved (5-0). A6. BICYCLE ADVISORY COMMITTEE (ROALMAN/ROMERO/123) Consideration of appointments to the Bicycle Advisory Committee to fill three vacancies occurring on March 31, 1998. + RECOMMENDATION: Reappoint Bruce Collier and Wes Conner to four-year terms ending 3/31/2002, appoint Tim Valentine to a two-year term ending 3/31/2000, and thank Cynthia Boche for her service. FINAL ACTION: Approved(5-0). A7. HUMAN RELATIONS COMMISSION (SMITH/WILLIAMS/123) Consideration of reappointing two members of the Human Relations Commission. + RECOMMENDATION: Reappoint Bill Tyson to a four-year term ending 3/31/2002 and Joan Lawrence to a one-year term expiring 3/31/99. FINAL ACTION: Approved(5-0). 6 Council Agenda Action Upoate Tuesda,, March 17, 1998 COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. CLR1. Mayor Settle reported that the Maya's Youth Task Force is the recipient of a $10,000 grant for First Night activities, and he thanked Paul LeSage for his work with that committee. CLR2. Council Member Romero reported on a study by SLORTA to examine the consolidation of the transit systems within the County. He also reported on the installation of 120 call boxes along Highways 101, 1, 46 and 41 by SLOCOG, and stated that the contract will allow these call boxes to be converted to provide full accessibility to the hearing and speech impaired. Council Member Romero reminded Council of the Channel Counties Division Meeting on Friday where Senator Jack O'Connell will be the speaker. He further reported that the Citizens Advisory Committee for the Men's Colony was briefed by the warden about ongoing investigations regarding prison operations. CLR3. Council Member Roalman gave an update on a study by the Housing Task Force of on campus housing. He stated that the study will help determine whether Cal Poly will move forward with additional on campus housing. He said RQN is suggesting on campus housing for faculty members. BUSINESS ITEMS 1. AMTRAK/MULTI-MODAL TRANSFER CENTER (MMTC) SITE (McCLUSKEY/537 - 60 mina) Consideration of approving the Mitigated Negative Declaration of Environmental Impact for property acquisition and development of the Multi-Modal Transit Transfer Center and public parking facility located at 1940 Santa Barbara Street and approving the conceptual layout of the MMTC. ♦ RECOMMENDATION: Adopt resolution approving Mitigated Negative Declaration and give conceptual approval to MMTC layout. FINAL ACTION. Resolution No. 8775 adopted(5-0). 2. COUNCIL COMPENSATION (GAWF/313 - 15 min.) Consideration of modifications to the current compensation package for the two-year period, January, 1999 through December, 2001. 7 Council Agenda Action LYdate Tuesday, March 17, 1998 + RECOMMENDATION: Adopt resolution revising the Mayor and City Council Compensation Plan. FINAL ACTION. Resolution No. 8776 amended and adopted(5-0). 3. BUSINESS IMPROVEMENT ASSOCIATION NAME CHANGE (HOLLEY/471) Consideration of amending Chapter 12.36 of the San Luis Obispo Downtown Parking and Business Improvement Area ordinance, adding Section 12.36.080C to change the name from the San Luis Obispo Downtown Business Improvement Association to the San Luis Obispo Downtown Association. + RECOMMENDATION: Introduce ordinance to print amending Chapter 12.30 of the SLO Municipal Code to approve the name change. FINAL ACTION. Ordinance No. 1334 introduced to print (5-0). COMMUNICATIONS(not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). There were no Communications. ADJOURNED TO: 6:30 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Dillingham v. City of San Luis Obispo - Pursuant to Government Code $ 54956.9 CONFERENCE WITH PROPERTY NEGOTIATOR - pursuant to Government Code 54956.8 Property: 610 Monterey St. Negotiating Parties: City of San Luis Obispo: Mike McCluskey Property Owner Representatives: Allan Real Estate Investments 8 Council Agenda Action Upaate Tuesda,, March 17, 1998 ` Negotiation: Whether to Acquire `7:00 P.M. REGULAR MEETING Council Chamber. •990 Palm Street.. PRESENT: Council Members Bill Roalman, Dave Romero, Dodie Williams; Vice Mayor Kathy Smith, Mayor Allen K. Settle PRESENTATIONS Pres1. Downtown Administrator Holley introduced Marshall Ochviski who gave a brief history of the Annual BIA Beautification awards. The City Council presented awards. Pres2. Mayor Settle presented a proclamation to Betsy Dejamet declaring April 4, 1998 as the "Day of the Child,"and April, 1998,as "Month of the Child." Pres3. Mayor Settle presented a proclamation recognizing Eagle Scout Christopher Thomas Sunderland. PUBLIC COMMENT PERIOD(not.to exceed:15 minutes total):_ The Council welcomes:your-input_ You.may..address.the,:Coundl by.completing.a soakerslip:and giving it to the.City Clerk.prior to,the meeting At-this time, you'may.address the dia v CouncO.oh is that,are not, on the agenda.or items on.the Consent Agenda time limit is;three:minutes.. :State law.does not allow the Council-to discuss or take action on issues not on:the agenda;.except that members'of the:Council or, staff may :briefty ;respond to.statements made or.:questions posed-by, persons. exercising their public. testimony rights(Gov. Code Sec. 54954 2).. Staff maybe.asked to follow upon such-items. SWIT.riworts.. and other written documentation relating.to each item referred to on.this ageinda;are,on .file in the City Clerks.Office in Room 1 of City Hall. There were no public comments. PUBLIC HEARINGS 'If-you have.filled out.a Speaker Slip, the.'Mayorwill call'you.to the .podium:' Pleasespeak into the. microphone and giye-your.name and,city of residence fdr,the record:-'Please limit your comments to 3 minutes;.consultant:and project.presentations limited.to 10.,minutes of you,ctiallen'ge an issue-in court„ you. may be,lir ited to raising only those issues:you•or someone else sited-at this,publi Council Agenda Action t_,.date Tuesoay, March 17, 1998 4. PUBLIC NUISANCE ABATEMENT - 663 CHURCH STREET (NEUMANN/722 - 15 min.) Public hearing to declare a public nuisance exists at 663 Church Street and ordering the abatement of same. (Continued from 2/3/98.) + RECOMMENDATION: Adopt resolution declaring nuisance and ordering abatement. FINAL ACTION: Resolution No. 8777 adopted (5-0). 5. APPEAL - USE PERMIT FOR FRATERNITY - FOOTHILL BOULEVARD (JONAS/407 - 45 min.) Public hearing to consider an appeal by Phi Sigma Zeta House Corp. of Lambda Chi Alpha of a Planning Commission action denying a use permit to establish a fraternity, and allow a reduced street yard setback from 15 feet to 10 feet to accommodate on-site parking, for property located on the north side of Foothill Boulevard between Carpenter Street and Crandall Way, (1292 Foothill Blvd.); Elaine Simer, applicant. + RECOMMENDATION: Adopt resolution ("A"), upholding the appeal, and approving the use permit, based on findings, and with conditions and code requirements. FINAL ACTION: Resolution No. 8778 adopted upholding the appeal and approving the use permit (5-0). 6. APPEAL - USE PERMIT FOR HOSTEL - SANTA ROSA ST. (JONAS/407 - 30 min.) Public hearing to consider an appeal by Wolfgang and Susanne Gartner of a Planning Commission action approving a use permit to allow a hostel to be established in the R- 3-H zone on property located on the west side of Santa Rosa Street, between Islay and Leff Streets (1617 Santa Rosa); Elaine Simer, applicant. + RECOMMENDATION: Adopt resolution ("A") denying the appeal, and upholding the Planning Commission's action to approve the use permit, based on findings, and with conditions and code requirements. FINAL ACTION: Resolution No. 8779 adopted denying the appeal and upholding the Planning Commission's action to approve the use permit(5-0). 10 Council Agenda Action Update Tuesdo,; March 17, 1998 7. GENERAL PLAN AMENDMENT - 2238 BROAD STREET (JONAS/463 - 90 min.) Public hearing to consider a General Plan Amendment, zone reclassification and use permit to allow a 51,707 square foot neighborhood commercial center at 2238 Broad Street between Santa Barbara and Alphonso Streets and, an appeal of the project's environmental determination. + RECOMMENDATION: 1) Deny the appeal of the environmental determination and find that the Environmental Initial Study adequately addresses potential environmental impacts of the project; 2) conceptually approve a General Plan Map Amendment to change the land use designations from Services and Manufacturing to Neighborhood- Commercial; from Government Facilities to Neighborhood-Commercial; and from Services and Manufacturing to Government Facilities, effective upon recordation of an approved Parcel Map, and direct staff to aggregate the resolution with other proposed General Plan amendment actions for adoption by a single motion at the end of the meeting; 3) introduce an ordinance to rezone the site from Public Facility to Neighborhood-Commercial (PF to C-N); from Service-Commercial to Public Facility (C- S to PF); and from Service -Commercial to Neighborhood-Commercial (C-S to C-N, effective upon recordation of an approved Parcel Map; and, 4) adopt resolution approving a use permit to allow a 10 percent shared parking reduction effective upon recordation of an approved Parcel Map, and take no action on the setback exceptions referring the matter to the Architectural Review Commission for resolution of appropriate setbacks as.part of that review process. FINAL ACTION: Resolution No. 8780 adopted denying the General Plan amendment because of traffic issues and inconsistency with land use issues (3-2, DR/DW voting no). 8. GENERAL PLAN AMENDMENT - PRIVATE INDUSTRY COUNCIL (JONAS/463 - 45 min.) Public hearing to consider an appeal by the Private Industry Council of the Planning Commission's denial of a General Plan Land Use text amendment to expand the social services node of the City's "tri-polar policy"to include properties located west of South Higuera and south of Prado Road. + RECOMMENDATION: Adopt resolution ("A") denying the appeal and upholding the Planning Commission's action. FINAL ACTION: Resolution No. 8781 adopted denying the appeal(5-0). 11 Council Agenda Action L-t date Tuesday, March 17, 1998 9. GENERAL PLAND LAND USE ELEMENT AMENDMENT - MAINO OPEN SPACE (JONAS/463 - 5 min.) Public hearing to consider proposed amendments of the General Plan Land Use element map and text to reflect the City's recent open space acquisition on San Luis Mountain, west of the Highway 101-Marsh Street interchange (Maino Family property). + RECOMMENDATION: Adopt a resolution to: 1) change the Land Use element map designation from Interim Open Space to Open Space, and move the urban reserve line and the special design area boundary at the Maino open space acquisition, and 2) delete the Land Use Element text references to the Maino property in the sections on Hillside Planning and Options Use and Special Design Areas. FINAL ACTION. Conceptually approved (5-0). Legislative action continued to a date certain; May 5, 1998. 10. GENERAL PLAN LAND USE ELEMENT AMENDMENT - FULLER ROAD & AERO DRIVE (JONAS/441 -45 min.) Public hearing to consider annexation, long-range plan amendments, and zoning in the vicinity of Fuller Road and Aero Drive. + RECOMMENDATION: A. Actions concerning entire Proposed annexation area: A.1 Adopt a resolution to approve a Negative Declaration of Environmental Impact. A.2 Direct staff to complete, and bring to Council for approval, annexation agreements with all owners of land to be annexed. A.3 Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the county for all land to be annexed. B. Actions concerning the Fuller Road area: B.1 Adopt resolution recommending that the Local Agency Formation Commission (LAFCo) approve annexation of about 75 acres east of Broad Street, from EI Capitan Way to and including the vicinity of Wisberg Lumber. B.2 Adopt resolution to amend the Edna-Islay Specific Plan, to show as Service Commercial areas that it has shown as Retail Commercial and as Rural Industrial, for consistency with the adopted General Plan. B.3 Introduce an ordinance to prezone the annexation area east of Broad Street R-1- SP, R-2-SP, C-S, and C/OS. C. Actions conceming the Aero Drive area: CA Adopt resolution recommending that LAFCO approve annexation of about nine acres west of Broad Street and north of Aero Drive, including the Aero Drive right-of-way. 12 Council Agenda Action Up"ate Tuesdi:.; March 17, 1998 C.2 Conceptually approve a General Plan Land Use Element Map amendment to change the annexation area north of Aero Drive from Tourist Commercial to Services Manufacturing, and the County-owned property within the Airport road loop from Tourist Commercial to Public; direct staff to aggregate the approval resolution with the other conceptually approved General Plan amend- ments for adoption by a single motion at the end of this meeting. C.3 Introduce an ordinance to prezone the annexation area north of Aero Drive Service Commercial with Special Considerations (C-S-S). CA Direct staff to finish negotiating a draft agreement with the County concerning special parking, improvement, and maintenance provisions for the Aero Drive right-of-way, and bring the agreement to council for approval. C.5 For the annexation area north of Aero Drive, give direction to the applicant and the Architectural Review Commission for the development plan to provide: additional landscaped setback along Broad Street, and emphasizing parking to the side or rear of buildings rather than between buildings and the street; on-site amenities for workers; space for truck loading that will allow some articulation of building facades that exceed 100 feet; landscaped walkways connecting the anticipated bus stop and building entry by a direct route; and special design consideration as an entry to the City. FINAL ACTION: After discussion, continued to a date certain: May 5, 1998. Staff directed to provide status update on water policies and supplies at that time. A. ADJOURNED TO WEDNESDAY, MARCH 18, 1998 AT 11:30 A.M. IN THE COUNCIL HEARING ROOM, 990 PALM STREET. 13