HomeMy WebLinkAbout06/02/1998, C1 - MINUTES -EnNG AGENDA
ATE
CLOSED SESSION OF THE CITY COUNCIL `"'........
CITY OF SAN LUIS OBISPO
TUESDAY,MAY 5,1998-6:00 P.M.
COUNCIL HEARING ROOM,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor
Kathy Smith,and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer, Ken
Hampian,Assistant City Administrative Officer, John Moss, Utilities Director,
Gary Henderson, Water Division Manager; Wendy George, Assistant to the
CAO
City Council held a closed session to discuss the following issues:
CONFERENCE WITH LEGAL COUNSEL-Existing Litigation-Franaie v.City of San Luis Obispo-
Pursuant to Government Code j 54956.9
CONFERENCE WITH LEGAL COUNSEL-Existing Litigation-Frost v.Cfi►of San Luis Obispo(Claim
98-09)and Drennan v.City of San Luis Obispo(Claim 98-11)-Pursuant to Government Code j
54956.9
CONFERENCE WITH LABOR NEGOTIATOR-Pursuant to Gov. Code Sec.54957.6
San Luis Obispo Fire Fighters Association
Agency Negotiator. Ken Hampian
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber,where
a public report of the action taken in closed session was to be given.
Bonnie L Gawf,City Clerk
APPROVED BY COUNCIL: 6102198
BLG:dr
T
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 5, 1998-7:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dave Romero,Dodie Williams,Vice
Mayor Kathy Smith,and Mayor Allen K.Settle
City Staff:
Present: John Dunn,City Administrative Officer,Jeff Jorgensen,City
Attorney; Bonnie Gawf,City Clerk; Ken Hampian,Assistant City
Administrative Officer;Amold Jonas, Community Development
Director, Bill Staffer,Finance Director, John Moss, Utilities Director;
Mike McCluskey,Public Works Director, Keith Opalewski, Parking
Manager; Gary Henderson,Water Division; Glen Matteson,Associate
Planner; Neil Havlik, Natural Resources Manager
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen announced closed sessions were held in the matters of:
CONFERENCE WITH LEGAL COUNSEL-Existing Litigation-Frangie v.City of San Luis
Obispo-Pursuant to Government Code§54956.9
CONFERENCE WITH LEGAL COUNSEL-Existing Litigation-Frost v.City of San Luis Obispo
(Claim 98-09)and Drennan v.City of San Luis Obispo(Claim 98-11)-Pursuant to
Government Code¢54956.9
CONFERENCE WITH LABOR NEGOTIATOR-Pursuant to Gov.Code Sec.54957.6
San Luis Obispo Fire Fighters Association
Agency Negotiator. Ken Hampian
PRESENTATIONS
Pres.1. Mayor Settle presented a proclamation designating May 104 6, 1998 as
National Hospital Week.
Pres.2. Mayor Settle presented a proclamation honoring Kid's Day America on May
9,1998.
PUBLIC COMMENT
No one spoke under public comment
City Council Meeting Page 2
Tuesday, May 5, 1998-7:00 p.m.
CONSENT AGENDA
Council Member Roalman asked to remove Item C2 for clarification.
Moved by Smkh/Romero to approve the consent agenda,except Item C2. Council Member
Roalman registered a no vote on C4; motion carried (5-0)
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday,April 14, 1998 @ 7:00 p.m.;
Tuesday,April 21, 1998 @ 6:00 p.m.; and
Tuesday,April 21, 1998 @ 7:00 p.m.
Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion
carried (5-0).
C2. ENHANCED PROMOTIONAL FUNDS (File No.302-07)
Council considered a recommendation by the Promotional Coordinating Committee(PCC)
to allocate$25,000 of Enhanced Promotional Funding for First Night San Luis Obispo to
cover the estimated cost of marketing/promotion and to partially off-set the cost of artists'
fees.
Council Member Roalman asked why$600 had been budgeted for artist fees,stating that he
believes this is"off the charts"compared to what local talent normally charges.
Dr.Steve Hansen stated that the amount is an estimated average,determined by looking at
other cities' budgets for First Night activities.
It was noted by Council Members that the first year of a program is critical to get started
and to be successful.
Moved by SmithlWiIliams to approve the PCC's recommendation; motion carried (4-1,
Roalman voting no).
C3. AWARD OF PUBLIC WORKS CONTRACT (File No.9875)
Council considered awarding a contract to John Madonna Construction in the amount of
$112,930 for the"Vater and Sewer main Improvement Project: Morro&Walnut."
Specification No.9875.
Moved by SmithfRomero to approve award and authorize the Mayor to execute a contract
with John Madonna Construction; motion carried (5-0).
C4. ZONE RECLASSIFICATION-963 BROAD (File No.201-05)
Council considered giving final passage to an ordinance amending the zoning map from R-
3-H to R-3-MU-H for property located on the southwest comer of Broad and Palm Streets(963
&967 Broad St.). (Continued from 4121/98.)
City Council Meeting Page 3
Tuesday,May 5, 1998-7:00 p.m.
Moved by SmiUURomero to give final passage to Ordinance No.133- motion carried(4-1,
Roalman voting no).
C5. FIRE SPRINKLER ORDINANCE .(File No.1503-01)
Council considered giving final passage to an ordinance amending the Municipal Code to
extend time requirements for automatic sprinkler systems in the commercial fire zone.
(Continued from 4/21/98.)
Moved by Smkh/Romero to give final passage to Ordinance No.1336; motion carried(5-0).
COUNCIL LIAISON REPORTS
Council Member Romero gave a brief report on the first"Walk and Talk"tour taken through
the Monterey Heights neighborhood.
PUBLIC HEARINGS
1. APPEAL—TREE REMOVAL AT 45 CHORRO STREET(File No.201-11)
Council held a public hearing to consider an appeal by Orville and Margaret Young of a Tree
Committee action to deny removal of a Monterey pine at the comer of Meinecke and Chorro.
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 RomeroWilliams to adopt Resolution No.8795 denying the
appeal and upholding the decision of the Tree Committee; motion carried(54).
2. RESIDENTIAL PARKING DISTRICTS(File No.806-06)
Council held public hearings to consider the establishment of two residential parking
districts:
Public Works Director McCluskey presented the staff report regarding the two parking
districts. He noted that the Draft Downtown Parking and Access Plan states that the city.
should wait until more parking is available or a full blown TDM program is in place before
forming more parking districts,but that the ordinance does not include that provision. He
reviewed the effects of forming a parking district in the downtown area at this time.
City Attorney Jomensen clarified that the City is not currently at a threshold where an EIR to
address this issue Is necessary.
Parking Manager Oaalewskk presented details relating to the areas requesting parking district
formation. He reviewed the practice of providing shared use parking In other cities and
outlined the start up and ongoing maintenance and enforcement costs for the districts.
�' Al
City Council Meeting Page 4
Tuesday,May 5,1998-7:00 p.m.
A. JOHNSONIPEACH PARKING DISTRICT
Council held a public hearing to consider establishing the Johnson/Peach residential parking
district as shared use with a two-hour time limit,8:00 a.m.-5:00 p.m.,Monday through Friday,
and exempting qualified residents from the posted time limit restrictions.
Mayor Settle opened the public hearing.
Charles Storni,772 Johnson Ave.,stated that there is currently no parking available for
residents between 8:00 a.m.and 5:00 p.m. He noted the need for a shared use,but that the
residents should have priority.
Diana Galloway,Arroyo Grande,stated that she is an employee who parks on Johnson, and
that the parking is very limited. She said she understands the residents'concems,but very
few of them park on the street She asked Council not to restrict the parking.
Sherri Ovincrton, 1209 Peach,said she cannot park in front of her own house,but
understands the complications caused by restricting the parking.
Pam Dassenko,1615 Woodland Dr., business owner in Fremont Plaza,stated that she parks
on the street and it would be a hardship if she could not park on the street
Peter Nelson,owner at Fremont Plaza, 1250 Peach Street,noted that the parking behind the
building meets the requirements of the City. He said that the County Government Center
employees park in the area,and if the street were painted to designate parking areas,it
would help.
James Shipsev.Mill Street,stated that the parking problem has been building over the
years,with the Cal Poly students catching the bus in that area,as well as the County
Government Center and Fremont Plaza. He supported the formation of the parking district
Vince Trudeau supported the formation of the parking district
Allen Lotta,Walnut Street,works at Fremont Plaza,and stated that it's important to
consider both businesses and residents.
Dr.Ralph Ketteikamp, Fremont Plaza owner,stated that many of their patients are
handicapped and need to have parking near the building.
Mayor Settle closed the public hearing.
Council discussed the problem created by forming parking districts and just moving the
parking congestion to the adjacent streets. There was also discussion regarding the high
cost of forming the districts. Council Member Williams suggested that the ordinance may
need to be changed. Council Member Romero agreed that the enforcement costs are
becoming too expensive,and that there should be a cost for forming a district
Vice Mayor Smith stated that it's important to honor the homeowners. Council Member
Roalman stated that shifting the problem is not the answer.
After discussion,moved by Smith/Settle to adopt a resolution establishing a residential
parking permit district in the Johnson and Peach Street area with a two-hour time limit
parking between the hours of 8:00 a.m.and 5:00'p.m.,Monday through Friday exempting
qualified residents; motion failed(2-3, Roalman,Romero,Williams voting no).
City Council Meeting Page 5
Tuesday, May 5,'1998-7:00 p.m.
B. OLD TOWN NEIGHBORHOOD PARKING DISTRICT
Council held a public hearing to consider establishing an Old Town Neighborhood residential
parking district with restricted parking between the hours of 8:00 a.m.to 5:00 p.m.,Monday
through Friday.
Parking Manager Opalewski presented details derived from surveys regarding this district
Mayor Settle opened the public hearing.
Steve McGrath, Buchon Street, spoke in opposition to the formation of a parking district,
stating that the street is a public right of way.
Robert Newby,stated that he was not surveyed,and asked for clarification on the
boundaries of the district He suggested that Mitchell Park be turned into a parking lot
Staff clarified that the notices only go to the residents, not landlords who do not live in the
area. Staff also clarified where future parking structures are scheduled to be built
John Long.SLO,stated that he supports a shared use parking district,and suggested that
the price of the ten hour meters be lowered.
Wesley Hiltbrand.SLO,stated that there is a ripple effect when parking districts are formed,
and that it does not solve the problem.
Margaret Robinson,Santa Margarita,stated that parking downtown is a major problem,and
that a public street is supported by taxes. She said she could support shared parking, but
not an exclusive right to park for residents only.
Bruce Collier, 1203 Pismo,stated that the installation of parking meters near Mitchell Park
has impacted the adjacent neighborhood. He asked Council to remove the meters. He
suggested selling residential parking permits.
Mike Spangler, Downtown Association Parking Committee Chair,stated that if parking is
provided in the downtown core, it will take the vehicles off the streets. He recommended
that if the Council approves the district,they link it to the completion of the expansion of
the Marsh Street Parking Structure.
Pierre Rademaker.SLO,stated that the problem is the price of success of the downtown,
and that providing parking is key to solving the problem.He supported linking the
formation of a district with the completion of the Marsh Street structure.
Deborah Holley, Downtown Association Administrator,said that the downtown businesses
need more of an opportunity to study the potential effects of the formation of the district
Leland Endres,790 Islay,spoke in opposition to the formation of the district,stating that
many of the spaces within the district will not be used.
Valerie Endre.790 Islay,agreed with Steve McGrath,and said that she is opposed to the
formation of the district because it shift the problem. She noted that the situation is not
analogous to the Alta Vista District
City Council Meeting - Page 6
Tuesday,May 5, 1998-7:00 p.m.
Paul Brown,1214 Mariner's Cove,said that the parking problem should be addressed by
providing more parking in the downtown with parking structures. He supported tying the
district to the completion of parking structures.
Joe Delucia, 1042 Palm St.,agreed with previous speakers who suggested tying the
completion of the structure with the formation of a parking district
Carolyn Dickey, 1017 Islay Street,stated that many of the homes in the area have rental
units or are rented out to students. She spoke in opposition to the formation of the district
Dan Starry,722 Buchon,spoke in opposition to the formation of the district,stating that it
would be a waste of a resource.
Leo Pinard,714 Buchon,spoke in support of the formation of the district
Patrick Yardvspoke in support of the fornation of a district,stating that his neighborhood
is being impacted by the recent placement of meters.
Bret Weaver, Downtown Association,stated that consideration must be given to
businesses as well as residents.
Pea Pinard.714 Buchon,spoke in support of the formation of the parking district
Jim Brucharri, Buchon Street,spoke in support of the formation of the parking district.
Bill Walter. Broad&Buchon,stated that the ripple effect will create a problem if the district
is formed; he said the parking should be left open.
Pat Veesart.1446 Morro,spoke in favor of the formation of the district,stating that it will
help buffer the residences from the businesses.
Mayor Settle closed the public hearing.
Council discussed linking the formation of the district with the completion of the Marsh
Street Expansion and modifying the boundaries of the district, and developing another tier
of low cost parking meter charges for meters outside the core of the downtown. Council
discussed removing the meters on Pismo Street
Moved by SettlelWilliams to conceptually endorse an Old Town Parking District in
conjunction with occupancy of the expansion of the Marsh Street Structure,to direct the
staff to continue to investigate the refinement of the boundaries of the district and shared
use of parking within the district,work with the County staff on their Parking Plan, and
analyze the reconfiguration of the parking meters on Pismo Street, including possible
removal and or a three-tiered meter charges; motion carried (5-0).
Council Member Williams noted for the record that even though she supported the motion,
she continues to disagree with the concept of forming private parking districts on public
streets.
Mayor Settle called a recess at 10:20 p.m.,then reconvened the meeting at 10:35 p.m.
3. GENERAL PLAN LAND USE ELEMENT AMENDMENT-MAINO OPEN
SPACE (File No.208-02)
City Council Meeting Page 7
Tuesday,May 5, 1998-7:00 p.m.
Consideration of 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).
(Continued from 3/17/98.)
Moved by Williams/Romero to continue the item to May 19, 1998; motion carried (5-0).
Council agreed by consensus to consider item#6 next.
4. GENERAL PLAN AMENDMENT
A. 1998 WATER RESOURCES STATUS REPORT(File No.1202-08)
Council held a public hearing to consider of a status report on 1998 water resources.
Utilities Director Moss introduced the staff report. Water Division Manager Henderson
presented details relating to the current water supply and additional water supplies which will
be needed in the future,as well as proposed projects which will help meet those needs.
Mayor Settle opened the public hearing.
John French.2932 Hollyhock,encouraged the Council to act independently on the Salinas
project rather than waiting for Nacimiento.
Pat Veesart.SLO,asked about the City's in-fill policy with regard to water,and noted that
no new water sources have been brought on line since 1986. He said he does not believe
that the City has enough safe annual yield to service all the properties within the City limits.
Mayor Settle closed the public hearing.
Staff clarified that properties within the City that do not currently have meters installed have
no entitlement to water.
Council discussed the safeguards against exceeding the safe annual yield.
After discussion, moved by Roalman/Settle to bring back a report on implementation of a
reliability reserve; motion failed (2-3,Romero,Smith,Williams voting no).
After further discussion,moved by Williams/Smith to 1) receive and file report; 2)direct
staff to initiate the process necessary to clarify policies in the Water Management Element
to the General Plan relative to retrofit and water-available for allocation;and,3)affirm 805
acre feet of available water for allocation based on policies contained in the Water
Management Element, population estimate for 1998; motion carried(4-1,Roalman voting
no).
B. GENERAL PLAN AMENDMENT- FULLER&AERO DRIVE (File No.208-02)
Council held a public hearing to consider annexation, long-range plan amendments,and
zoning in the vicinity of Fuller Road and Aero Drive. (Continued from 3/17198.)
Community Development Director Jonas introduced the staff report. Associate Planner
Matteson presented details associated with the proposed annexations. He outlined reasons
why approval of the annexation is being recommended.
City Council Meeting Page 8
Tuesday, May 5, 1998-7:00 p.m.
Mayor Settle opened the public hearing.
At Council request,John French clarified that a development has been approved by the
County in the Aero Drive area.
Steve Rama,4540 Broad Street,spoke in favor of the Fuller Road annexation.
Dave Garth,Chamber of Commerce,spoke in support of the annexations and urged Council
to approve them.
Doug Hoffman, business owner within the annexation area,spoke in support of the
annexation. He noted that the property will develop whether it is in the City or not
Bill Thoma,agreed with the previous speakers and supported the annexations.
John French,applicant representative for the Aero Loop owners,asked Council to support
the annexation and offered to answer questions.
Mayor Settle dosed the public hearing.
Council discussed timing with regard to potential development in the area and the revenue
exchange agreement
After discussion,moved by Smith/Williams to
A. Actions concerning entire proposed annexation area:
A.1 Adopt Resolution No.8797 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; motion carried(5-0).
B. Actions concerning the Fuller Road area:
B.1 Adopt Resolution No.8798 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 No.8799 to amend the Edna4slay 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.
8.3 Introduce Ordinance No. 1337 to prezone the annexation area east of Broad Street
R-1-SP, R-2-SP,C-S,and C/OS; motion carried (5-0).
C. Actions concerning the Aero Drive area:
CA Adopt Resolution No.8800 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,and continue to
the May 19,1998 meeting for final action.
City Council Meeting - Page 9
Tuesday, May 5, 1998-7:00 p.m.
C.3 Introduce Ordinance No. 1338 to prezone the annexation area north of Aero Drive
Service Commercial with Special Considerations(CSS).
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; motion carred(41, Roalman
voting no).
COMMUNICATIONS
There were no communications items.
BUSINESS ITEMS
S. ENVIRONMENTAL PROJECT PROPOSALS (File No.211-01)
Council considered authorizing submittal of nine environmental project proposals totaling
$3.6 million to the Central Coast Regional Water Quality Control Board consistent with that
organization's requirement for submittals associated with the settlement monies from
Unocal's Guadalupe oil spill.
Natural Resources Manager Havlik presented the staff reporL
Mayor Settle opened the meeting for public comment,and having no requests to speak
returned discussion to the Council.
Council Members expressed concern about the implications of approving all items on the list
Staff clarified that approving the list of projects does not obligate the Council to proceed with
them,if a future analysis indicates.
Council agreed by consensus to add an item#10 to protect the trees along the creek bank,
add the words,"or neighboring properties"to item#5,and to leave the rest of the list as is.
After discussion,moved by Roalman/Smith to amend and adopt Resolution No.8796
authorizing project proposals submittal; motion carried (5-0).
6. PROPERTY ACQUISITION (File No.601-06)
Council considered the acquisition of property located at 610 Monterey Street at a price of
$380,000.
Public Works Director McCluskey presented the staff report,detailing the Planning
Commission's action.
Mayor Settle opened the floor to public comment
Pierre Rademaker. Downtown Design Team,spoke in favor of the property acquisition.
Cr--/-10
City Council Meeting Page 10
Tuesday,May 5, 1998-7:00 p.m.
Ken Schwartz,201 Buena Vista,Downtown Design Team,spoke in support of the property
acquisition.
Dennis Allen.Real Estate Broker,clarified that the property was built circa 1936,and that
the people who have expressed an interest in buying the property are those who would use
it as office space.
Mayor Settle returned the discussion to the Council.
For the record,Council Member Roalman clarified that he does not have a financial interest
in the property.
After discussion,moved by RomeroWilliams to 1)determine that the acquisition of the
property is consistent with the General Plan, and approve purchase price; 2)authorize
preparation of a letter of friendly condemnation;3)appropriate$390,000 from the
Unappropriated Balance of the General Fund for property purchase and miscellaneous
expenses;and,4)authorize the City Administrative Officer to sign the purchase documents
and the deed; motion carried (5-0).
7. PERS RATES FOR 1998-99(File No.505-01)
Council considered PERS rates for 1998-99.
Finance Director Statler presented the staff report,explaining the reason for the changes in
the rates.
Mayor Settle opened the meeting for public comment,and having no requests to speak,
returned discussion to the Council.
After discussion,Council received the report.
There being no further business to come before the City Council,Mayor Settle adjourned the
meeting at 12:30 a.m.to Tuesday,May 19,1998 at 6:00 p.m.in the Council Chamber,990 Palm
Street,San Luis Obispo.
APPROVED BY COUNCIL: 6102198
BG:dr
Bonnie L Gawf
City Clerk
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 19, 1998-6:00 P.M.
COUNCIL HEARING ROOM,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Dodie Williams,Vice Mayor Kathy Smith, and
Mayor Allen Settle
Absent: Council Member Dave Romero
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer, Ann Slate, Personnel
Director, John Moss, Utilities Director, Bill Statler, Finance Director; Paul
LeSage, Parks and Recreation Director, Mike McCluskey, Public Works
Director
City Council held a closed session to discuss the following issues:
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6 - San Luis
Obispo Police Officers Association
San Luis Obispo Police Staff Officers Association
Agency Negotiator. Ann Slate
Council gave instructions to negotiator.
CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code § 54956.9 - Existing
Litigation,HyseNsecrest v.City of San Luis Obispo
Council authoraed settlement of existing litigation—.the amount of the settlement is confidential as
negotiations are in progress.
CONFERENCE WITH PROPERTY NEGOTIATOR-Pursuant to Government Code§54956.8
Property: Damon-Garcia Property
Negotiating Parties: City of San Luis Obispo: Paul LeSage, Bill Statier, Jeff Jorgensen, Mike
McCluskey&Ken Hampian
Property Owner Representative: John French
Negotiation: Whether to Acquire
Council gave instructions to the property negotiator to proceed with the negotiations.
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber,where
a public report of the action taken in closed session was to be given.
Bonnie L Gawf,City Clerk
APPROVED BY COUNCIL: 612198
BLG:dr
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 19, 1998-7:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present Council Members Bill Roalman, Dodie Williams, Vice Mayor Kathy
Smith,and Mayor Allen Settle
Absent Council Member Dave Romero
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 Staffer, Finance Director, John Moss, Utilities Director;
Mike McCluskey, Public Works Director, Paul LeSage, Paries and
Recreation Director; Wendy George, Assistant to the CAO; Ron
Whisenand, Development Review Manager, John Mandeville, Long
Range Planning Manager, Glen Matteson,Associate Planner
PRESENTATIONS
P1. Mayor Settle presented a proclamation to NMA President Mary Kopecky and Past
President Wendy George declaring"NMA Week."
P2. Mayor Settle Presented a proclamation to Public Works Director McCluskey declaring
"National Public Works Week."
PUBLIC COMMENT
PC1. Mila Vuiovich-LaBarre, San Luis Obispo High School, spoke regarding the 24 Hour
Relay and invited the Council and public to participate in the event this weekend. She
encouraged support of the event and presented mugs to the Council.
CLOSED SESSION ANNOUNCEMENT
Cfi► Attorney Jorgensen announced that the Council held three closed sessions. 1) In their
conference with the SLOPOA labor negotiator, Council gave instructions to negotiator; 2)
Council authorized settlement of existing litigation, Hysen/Secrest v. City of San Luis
Obispo- he amount of the settlement is confidential as negotiations are in progress; and 3)
Council gave instructions to the property negotiator to proceed with the negotiations on the
Damon-Garcia property.
L'/-&
City Council Meeting Page 2
Tuesday,May 19,1998-7:00 p.m.
CONSENT AGENDA
Moved by SmithiWilliams to adopt the consent calendar as recommended by the CAO.
Council Member Roalman registered a no vote on items C7, C8, and C11; motion carried (4-0-
1, Romero absent), except items C7, C8 and C11; motion carried (34-1, Roalman voting no,
Romero absent).
Council members stated that they have an interest in reevaluating the policy regarding
solar hot water heater requirements, and CAO Dunn clarified that, on previous Council
direction,staff has begun that analysis.
C1. COUNCIL MINUTES.
Council considered the minutes of:
Tuesday,April 28, 1998, 11:30 a.m.
Moved by Smith/Williams to waive oral reading and approve minutes as amended; motion
carried (4-04,Romero Absent).
C2. SURPLUS CITY PROPERTY (File No.601-03)
Council considered declaring two parking scooters and two sedans as surplus property.
Moved by SmithiWilliams to adopt Resolution No. 8801 declaring equipment as surplus
property and ordering disposal; motion carried(4-0-1, Romero Absent).
C3. WATER RECLAMATION FACILITY PAVEMENT REPAIR(File No.704-06)
Council considered plans and specifications for "Water Reclamation Facility Pavement
Repair,"Specification No.97-55A.
Moved by Smith!Williams to approve plans and specifications, authorize staff to advertise
for bids and authorize the CAO to award the contract if the lowest responsible bid is within
budget; motion carried(4-0-1,Romero Absent).
C4. RESERVOIR CANYON WATERLINE (File No.704-06)
Council considered awarding a contract to Maino Construction in the amount of$61,749 for
"Reservoir Canyon Waterline,"Specification No.9560.
Moved by Smith/Williams to award contract to Maino Construction and authorize the Mayor
to execute the contract; motion carried(4-0-1, Romero Absent).
C5. RETAINING WALL REPAIR-SYLVIA COURT (File No.704-06)
Council considered approving repairs for a retaining walls on Sylvia Court
Moved by Smith/Williams to authorize the CAO to approve the following actions: 1)
negotiations and execution of a consultant services contract for design of the retaining wall
repairs; 2) approval of final plans and specifications and authorization for solicitation of
bids; 3)award of construction contract to lowest qualified bidder, and,4)transfer of needed
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Tuesday, May 199 1998-7:00 p.m.
funds to pay for construction work, up to a total authorized funding level of $250,000;
motion carried(4-0-1, Romero Absent).
C6. POOL DESIGN PROJECT (File No.704-06)
Council considered awarding a contract to Rowley International for design and project
supervision services for pool replastering in the amount of$16,800,Specification No.9216.
Moved by Smith/Williams to award contract to Rowley International; motion carried (4-0-1,
Romero Absent).
C7. ZONING-FULLER ROAD ANNEXATION AREA (File No.201-06)
Council considered giving final passage to an ordinance adopting zoning for the Fuller
Road annexation area.
Moved by Smith/Williams to give final passage to Ordinance No. 1337; motion carried (3-1-1,
Roalman voting no, Romero Absent).
C8. ZONING-AERO DRIVE ANNEXATION AREA (File No.201-06)
Council considered of giving final passage to an ordinance adopting zoning for the Aero
Drive annexation area.
Moved by Smith/Williams to give final passage to Ordinance No. 1338: motion tamed (3-1-1,
Roalman voting no,Romero Absent).
C9. PROPOSITION 220-COURT CONSOLIDATION (File No.701-08)
Council considered endorsing Proposition 220 concerning consolidation of Municipal and
Superior courts,which will appear on the June 2, 1998 ballot
Moved by SmithiWilliams to adopt Resolution No. 8802 endorsing Proposition 220; motion
carried(4.0-1, Romero Absent).
C10. PENNINGTON CREEK RIPARIAN ENHANCEMENT (File No.704-06)
Council considered awarding a contract to Maino Construction for construction of the
Pennington Creek Riparian Enhancement Project in the amount of$180,341 and authorizing
the transfer of an additional $25,000 from the Water Fund to cover construction costs and
contingencies.
Moved by SmithWilliams to award contract to Maino Construction and authorize transfer of
funds; motion carried (4-0-1,Romero Absent).
C11. MANAGEMENT COMPENSATION (File No.509-06)
Council considered modifications to the Management Pay for Performance System.
Moved by Smith/Williams to adopt Resolution No. 8803 approving modifications to the
Management Pay for Performance Plan that include adjusting management salary ranges
and the performance rating system; motion carried (3-1-1, Roalman voting no, Romero
Absent).
c:/ "4.4!�
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Tuesday,May 19,1998-7:00 p.m.
C12. ANNUAL STREET SEAL COAT PROJECT (File No.704-06)
Council considered plans and specifications for "Annual Street Seal Coat Project,"
Specification No.9214.
Moved by Smith/Williams to approve plans and specifications, authorize staff to advertise
for bids, and CAO to award the contract if the lowest responsible bid is within the budget;
motion carried(4-04, Romero Absent).
C13. PAVEMENT MAINTENANCE ENGINEERING SERVICES (File No.704-06)
Council considered a Request for Proposals (RFP) for "Engineering Service for Pavement
Maintenance Project,"City Project No.9215,at a cost not to exceed $200,000.
Moved by Smith/Williams to approve RFP, authorize staff to accept proposals, and CAO to
award the contract to the best proposer not exoeeding the available budget; motion carried
(4-0-1,Romero Absent).
C14. MORROS PRESERVATION (LeSAGE/211-01)
Council considered endorsing the development of a specific plan for the preservation of
the Morros by County Planning staff.
Moved by Smith/Williams to endorse the development of a specific plan for the preservation
of the Morros; motion carried(4-0-1, Romero Absent).
COUNCIL LIAISON REPORTS
CLI. SLORTA/SLOCOG UPDATE (File No.204-06)
A written report from Council Member Romero was submitted to the Council.
PUBLIC HEARINGS
1. APPEAL-DECK AT 726 HIGUERA STREET (File N0.201-11)
A public hearing to consider an appeal by Brad Schwan of an Architectural Review
Commission approval of a request to remodel the rear deck and patio of Kona's Restaurant,
located on Higuera Street between Chorro and Broad Streets, including an exception to the
City's Creek Setback Ordinance.(ARC 58-97).
Mayor Settle noted that a request for continuance had been received from the appellant and
Council agreed by unanimous consensus to continue the item to June 161h.
2. GENERAL PLAN AMENDMENTS
Community Development Director Jonas clarified that the actions on items 2A, 2B and 2C
should be made in concept only, with 2D being the motion which will approve all three
General Plan Amendment items.
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Tuesday,May 19, 1998 -7:00 p.m.
A. GENERAL PLAN AMENDMENT/REZONING-1234 LAUREL LANE
(File No.201-06)
Council held a public hearing to consider a request to amend the Land Use Element (LUE)
map designation from Neighborhood Commercial to High Density Residential, amend the
zoning map from C-N to R-0, and approve the environmental determination for a residential
care facility at the northwest comer of Southwood Drive and Laurel Lane(GP/R 11-08); Smith
and Company,applicant.
Development Review Manager Whisenand presented the staff report
Mayor Settle opened the public hearing.
Hamish Marshall. Smith & Company, Applicant; said that this project is a state of the art
design,the first of its kind in California. He asked for Council's approval.
Peter Meertens, SLO, stated that he has concerns regarding the project and EIR, especially
removing the commercial zoning in that neighborhood. He said that parking on Augusta
would also be affected if part of the parking lot is removed for a facility. He said the
neighborhood already has many care facilities.
Mayor Settle closed the public hearing.
At Council's request, Jack Whitter. Windchime Group, explained the staffing ratios and
busiest visiting hours for this type of facility. He said they have five key staff and a 1:6 ratio
of aids to residents.
In answer to a question by Council, Hamish Marshall explained that unless another parking
space is provided,the facility can only be licensed for 63 residents,not 65.
After discussion,moved by Williams/Smith to 1)approve the Mitigated Negative Declaration
of environmental impact,approve in concept the proposed General Plan Land Use Element
Map amendment to change the land use designation from Neighborhood Commercial to
High Density Residential; 2) pass to print Ordinance No. 1339 confirming the Mitigated
Negative Declaration of environmental impact and rezoning the project site from C-N
Neighborhood Commercial to R-0-S High Density Residential with Special Considerations;
and, 3)after consideration of the remaining General Plan Amendments on tonight's agenda
(Items 2B and 2C), previously approved in concept, take one action adopting the
resolutions of approval for all three items(item 2D); motion carried(4-0-1,Romero Absent).
B. GENERAL PLAN LAND USE AMENDMENT-MAINO OPEN SPACE
(File No.208-02)
Council considered 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(Main Family property).
(Continued from 3/17/98&5/5/98).
After discussion, moved by WilliamslSmith to take action under Item 2D to adopt a
resolution amending General Plan Land Use Element concerning the Maino Family Open
Space; motion carried (444, Romero Absent).
C. GENERAL PLAN AMENDMENT-FULLER&AERO DRIVE (File No.208-02)
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Tuesday,May 19, 1998-7:00 p.m.
Council held a public hearing to consider annexation, long-range plan amendments, and
zoning in the vicinity of Fuller Road and Aero Drive. (Continued from 3117198&515198.)
After discussion, moved by Williams/Smith to take action under Item 2D to adopt resolution
amending the General Plan Land Use Element Map at Aero Drive; motion carried (3-1-1,
Roalman voting no, Romero Absent).
D. ADOPTION OF GENERAL PLAN AMENDMENTS
Council considered adopting the three General Plan Amendments listed as Items 2A, 2B and
2C on tonight's agenda.
After discussion, moved by Williams/Smith to adopt Resolution No.8805 for 1234 Laurel
Lane, GP/R 11-98 (2A) ; motion carried (4-0-1, Romero Absent); adopt Resolution No. 8806
for Maino Open Space, GPA 136-97); motion carried (4-0-1, Romero Absent); and adopt
Resolution No.8807 for Aero Drive, GPA 155-97 (2C); motion carried (3-1-1, Roalman voting
no, Romero Absent).
3. ANNEXATION&ZONING-OPEN SPACE PARCELS (File No.208-03)
Council held a public hearing to consider annexation and zoning of the City's open space
parcels on Bishop Peak(Bunnell Ranch site)and on Cerro San Luis(Lemon Grove and Maino
Family sites(ANNX,R 10-08).
Mayor Settle opened the public hearing,and having no requests to speak, closed the public
hearing.
After discussion, moved by Roalman/Smith to 1) adopt Resolution No. 8808 recommending
that the Local Agency Formation Commission approve annexation of about 137 acres of
City-owned open space, and amend its sphere if influence for San Luis Obispo as needed;
and,2) introduce Ordinance No.1340 to prezone the annexation parcels Conservation Open
Space with minimum parcel sizes of 120 and 40 acres (C/OS-120 and CIOS-00), and to
remove the Specific Plan overlay zone from the part of the Maino Family site that is already
inside the City limits(4-0-1, Romero Absent).
COMMUNICATIONS
Council Member Wll'rarns expressed her concern regarding the condition of the area
surrounding the monument sign at the south end of Town, and suggested planting some
trees nearby. The matter was referred to staff.
Council Member Williams made a brief presentation regarding the mal of Life"program.
Mayor Settle reported that he talked with State officials regarding the proposal to discontinue
the vehicle licensing fee, stating that its imperative to link arry reduction to a constitutional
amendment guaranteeing that Cities will continue to receive comparable funds from other
existing sources.
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Tuesday,May 19,1998-7:00 p.m.
BUSINESS ITEMS
4. MARGARITA AREA SPECIFIC PLAN (File No.201-04)
Council considered conceptual review of the draft Margarita Area Specific Plan as the project
description for an environmental impact report
Associate Planner Matteson presented the staff report.
Mayor Settle opened the meeting for public comment
John French, Margarita area property owner,supported the plan,stating that it is adequate to
proceed to the next step.
Dave Watson,representative of property owners,supported the plan.
Mayor Settle returned discussion to the Council.
Moved by Williams/Smith to approve the draft specific plan as the project description for
the environmental impact report (EIR) and provide direction to staff for the EIR to reflect
alternatives to the draft specific plan as outlined in the agenda report; motion carried (4-0-1,
Romero Absent).
Council Member Roalman suggested that Council have a consultant on urban development,
such as Mr.Calthorpe, review the plan,and Council Members agreed by consensus.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 8:40 pm.to Thursday, May 21, 1998 at 7:00 p.m. at the Embassy Suites, San Luis
Obispo.
APPROVED BY COUNCIL: 612/98
BG:dr
Bonnie L.Gawf
City Clerk