HomeMy WebLinkAbout09/01/1998, C-1 - MEETING AGENDA
DATE 9 ITEM # C®
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,AUGUST 18, 1998-6:15 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; Ken Hampian, Assistant City Administrative
Officer, Ann Slate, Personnel Director, Neil Havlik, Natural Resources
Manager
City Council held a closed session to discuss the following issues:
CONFERENCE WITH PROPERTY NEGOTIATOR-Pursuant to Government Code§54956.8
Property: 49 Acres in Upper Stenner Creek Canyon
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner Representatives: Union Pacific Railroad
Negotiation: Whether to Acquire
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION-Pursuant to Government Code§
54956.9
Dennis Johnson v.City of San Luis Obispo
and
Shannon Soov v. City of San Luis Obispo
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.
Kim Condon,Acting City Clerk
APPROVED BY COUNCIL:
KC:dr
MEET...,; AGENDA
DATE P ITEM #
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,AUGUST 18, 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: Jeff Jorgensen,City Attorney; Kim Condon,Acting City Clerk; Ken Hampian,
Assistant City Administrative Officer,Arnold Jonas, Community
Development Director, Bill Statler,Finance Director, Bob Neumann, Fire
Chief;John Moss, Utilities Director;Wayne Peterson, City Engineer, Jeff
Hook,Associate Planner,John Mandeville, Long Range Planning Manager
PRESENTATIONS
Mayor Settle presented outgoing Council Member Kathy Smith with a plaque and
proclamation thanking her for her outstanding service to the City.
CLOSED SESSION ANNOUNCEMENT
Jeff Jorgensen,City Attorney,reported on Closed Session: 1) in the matter of Johnson vs.
City,Council authorized further negotiation,2)in Sooy vs City,Council authorized further
negotiation;3)and further negotiations were authorized regarding property negotiations with
Union Pacific Railroad for 49 acres in upper Stenner Creek Canyon.
PUBLIC COMMENT
PC1. Brad Schwan,Kona's Deli, presented a written report on how to make the architectural
process more efficient
CONSENT AGENDA
Moved by Smlth/Romero to approve the consent agenda as recommended by the City
Administrative Officer.
C1. COUNCIL MINUTES
Council considered the minutes of.
Tuesday,July 21, 1998 @ 4:00 p.m.,6:40 p.m.&7:00 p.m.
Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion
carried(5-0).
C/ate.
City Council Meeting Page 2
Tuesday,August 18,1998-7:00 p.m.
C2. SURPLUS REAL PROPERTY (File No.704-06)
Council considered specifications for"Sale and Removal of City Property: 1015 Orcutt and
3262 Bullock,"Specification No.9608A.
Moved by Smith/Romero to adopt Resolution No.8840 approving specifications and
authorizing staff to advertise for bids and the CAO to execute agreement(s)with the highest
bidders; motion carried (5-0).
C3. CORPORATION YARD PAINTING (File No.704-06)
Council considered specifications for"Municipal Building Painting-Corporation Yard,"
Specification No.9631;engineers cost estimate:$82,500.
Moved by Smith/Romero to approve specification,authorize staff to re-advertise for
bids,and authorize the CAO to award the contract if the lowest responsible bid is within the
budget; motion carried(5-0).
C4. SHORT TERM LEASE-879 MORRO STREET (File No.704-06)
Council considered a short term,month-to-month lease of City-owned property located at 879
Mono Street to GST Call America with rent to be set at$4,000 per month.
Moved by Smith/Romero to approve lease to GTE Call America; motion carried (5-0).
C5. CHARTER COMMUNICATIONS SUBSCRIBER REFUNDS (File No. 1201-04)
Council considered a proposed refund of$54.00 to Charter Communications cable
television subscribers who were improperly required by Sonic Cable to subscribe to its
Video Club.
Moved by Smith/Romero to approve refund to Charter subscribers; motion carried (54).
C6. DESIGNATION OF AGENT-FEMA COST RECOVERY (File No.1502-03)
Council considered designating the Assistant City Administrative Officer and Director of
Finance as agents for the City for the purpose of applying for cost recovery from FEMA and
OES for damages resulting from the 1998 EI Nino storms.
Moved by Smith/Romero to adopt Resolution No.8835 designating agents for the City for
the purpose of applying for cost recovery from FEMA and OES; motion carred (5-0).
C7. POOL REPLASTERING (File No.704-06)
Council considered plans and specifications for"Pool Replastering;Sinsheimer Pool,"
Specification No.9216,estimated project cost$165,000.
Moved by Smith/Romero to approve plans and specifications,authorize staff to advertise
for bids,and authorize the CAO to award contract if the lowest responsible bid is within
budget; motion carried
City Council Meeting Page 3
Tuesday,August 18, 1998-7:00 p.m.
C8. AWARD OF WATERLINE CONTRACT (File No.704-06)
Council considered awarding a contract for to Maino Construction Company in the amount of
$56,030 for "Water Distribution Project:Taft Street,"Specification No.9204.
Moved by Smith/Romero to approve award and authorize the Mayor to execute the contract;
motion carried(5-0).
C9. RAILROAD RECREATIONAL TRAIL PROPOSALS(File No.704-06)
Council considered a Request for Proposals(RFP)for"Phase II Environmental Site
Assessment of the second phase of the Railroad Recreational Trail,"Specification No.9614A,
estimated to cost less than or equal to$20,000.
Moved by Smith/Romero to approve RFP and authorize the CAO to execute a services
agreement with a qualified consultant to complete this work; motion carried (5-0).
COUNCIL LIAISON REPORTS
CLI. Council Member Romero shared information on several issues discussed at the August
5 SLSOCOG meeting. He said the board had received a progress report regarding efforts to
improve safety on Route 166,a report on the San Luis Obispo Multi-Modal Center,a report on
funding available for relocation of the Caltrans Maintenance Station in 1998-99,and approval
to construct an auxiliary traffic lane to serve southbound vehicles from the Marsh Street on-
ramp to the Madonna off-ramp. He said the Board had also approved a final report entitled,
"Welfare Reform Mobility Study,"in which the City is encouraged to expand bus service by
increasing hours and days of bus operation and realignment of some routes.
CI-2. Council Member Williams said that the First Night group has hired an executive director
and will be holding a ribbon cutting on the 24'"at 4:30 for the First Night Office. She reported
that a group from Napa,including a Council Member and the Director of the Chamber of
Commerce had visited Farmers'Market last Thursday night
CL3. Council Member Smith said she had attended the last Downtown Association meeting
and that they have received 90 applications for the Thursday Night Administrator position.
She also reported that John Troutner had attended the meeting regarding his parking
problems in the downtown and that the Board was split on how he should be accommodated.
She then reported that Friday Night concert series had been very successful this year and that
the money earned would be used to build a stage for the event
BUSINESS
1. COUNCIL VACANCY (File No.702-02)
Council considered setting a public hearing for Tuesday,September 8, 1998,to consider
applicants to a vacancy on the City Council for a term expiring on December 1,2000.
Kim Condon.Acting City Clerk, reviewed the agenda report
Mayor Settle opened the meeting for public comment
There were no speakers.
City Council Meeting Page 4
Tuesday,August 18, 1998-7:00 p.m.
Mayor Settle returned discussion to the dais.
Moved by Williams/Romero to direct the City Clerk to advertise for applicants to fill this
vacancy,and set a public hearing for Tuesday,September 8,1998; motion carried(5-0).
PUBLIC HEARINGS
2. APPEAL-61 BROAD STREET (File No.2014 1)
Council held a public hearing to consider an appeal of the Community Development
Department's approval of the final landscape plan for the Heritage at Garden Creek,a recently
approved 64-unit senior assisted-care facility at 61 Broad Street.
Arnold Jonas,Community Development Director,explained the basis for allowing the removal
of the palm trees and the recommended ARC final plan.
Mayor Settle opened the public hearing.
Bill McLennan,the appellant,706 Meineke Street,said this was not a trivial issue,rather it is
about the integrity of the process.
Hamish Marshall,project architect,concurred with the staff recommendation before the
Council and said he had offered to meet with the appellant to resolve his concerns.
Jim Burrows,project landscape architect,said the landscaping plan met the spirit and intent
of the ARC approvals.
Madelyn Rosner,321 Murray,objected to the removal of the palms and said that what was
being done did not follow the adopted Council resolution.
Mr.McLennan said what he wanted was to have the trees replaced in the exact locations from
which they had been removed.
Mayor Settle closed the public hearing.
Council debated the different types and heights of palms that should be installed and then
addressed the issue of when significant changes-to a development should come back to
Council.
After discussion,moved by Williams/Romero adopt Resolution No.8836 denying the appeal
and upholding the Community Development Department's action with a revision to the
landscape plan to replace the Mexican Fan palms with an initial height of 20 to 30 feet total
height Queen Palms up to 30 feet; motion carried (4-1; Roalman voting no).
Arnold Jonas,Community Development Director,assured the Council that the process that
is in place is very concerned about changes in projects and said he hoped that Council was
comfortable that staff throughout the City is dedicated toward making reasonable
judgments based on coming as close as possible to the direction that is given by Council.
3. APPEAL-1121 GEORGE ST. (JONAS/201-11)
Council held a public hearing to consider an appeal by Tom Weddle of a Planning
Commission decision to deny a request for tandem parking in conjunction with a garage
el-0
City Council Meeting Page 5
Tuesday,August 18, 1998-7:00 p.m.
conversion for property located on the southeast side of George Street,between Henry&
Ruth Streets.(Continued from 717/98.)
Arnold Jonas.Community Development Director,summarized the agenda report.
Mayor Settle opened the public hearing.
Doreen Case.Albert Drive,urged Council to deny the request for tandem parking.
JerryVauahn.1105 George Street,also asked Council to deny the appeal and spoke of the
terrible condition the property was in.
Mayor Settle closed the public hearing.
Moved by Smith/Williams to adopt Resolution No.8837 denying the appeal,and upholding
the decision of the Planning Commission; motion carried(5-0).
4. APPEAL-TK BUSINESS PARK (File No.2014 1)
Council held a public hearing to consider an appeal by Joseph DeLucia of the Architectural
Review Commission's(ARC)approval of a two-story,4,968 square foot service commercial
building and site improvements within the TK business park at 173 Cross Street; Steve and
Lisa Hoyt,applicants.
Arnold Jonas.Community Development Director,reviewed the site plan and explained the
basis of the appeal.
Mayor Settle opened the public hearing.
Joe DeLucia,the appellant, 1042 Palm Street,explained that the common driveway easement
to be shared with the Hoyt property was not large enough to accommodate large delivery
vehicles to access his site and that an additional easement was needed to alleviate this
problem.
Steve Hovt 1144 Doral Court,the applicant,said there had been numerous attempts to
accommodate Mr.DeLucia and that a proposal put forward by Mr. DeLucia's architect to give
an additional easement had at one time been agreed upon but later dismissed by Mr.DeLucia.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Williams to adopt Resolution No.8838 denying the
appeal,and upholding the ARC's action, based on findings made by the ARC and
consistency with the City's Architectural Review Guidelines; motion carried (5-0).
S. RAILROAD HISTORIC DISTRICT ESTABLISHMENT (File No.209-07)
Council held a public hearing to consider City initiated rezoning to add an"H" (historic
preservation)overlay to various zones to establish the Railroad Historic District
Jeff Hoo Associate Planner,said that the purpose of establishing this historic district is to
help preserve and protect historic resources in the area and ensure that any new development
is compatible.
Mayor Settle opened the public hearing.
City Council Meeting Page 6
Tuesday,August 18, 1998-7:00 p.m.
There were no speakers.
Mayor Settle closed the public hearing.
After discussion, moved by Smith/Williams to introduce Ordinance No.1342 establishing
the Railroad Historic District by adding an "H"overlay; motion carried (5-0).
Council Member Roalman asked staff to explain for the record the effects of the historic
zoning.
Jeff Hook explained that the designation does not change allowed land uses,it does not effect
ownership or taxes,but does add an"H"zoning to the base zone which requires any new
development to conform to the adopted architectural guidelines for the Railroad Historic
District and would also require a Phase I archeological study if ground was going to be
disturbed.
6. HISTORIC PROPERTIES NOMINATIONS (File No.209-04)
Council held a public hearing to consider properties nominated to the Master List of Historic
Resources and Contributing List of Historic Resources by the Cultural Heritage Committee.
Jeff Hook.Associate Planner,briefly described the 17 properties being recommended for
historic designation by the Cultural Heritage Committee.
Mayor Settle opened the public hearing.
No one came forward to speak
Mayor Settle closed the public hearing.
After discussion,moved by Romero/Smith adopt Resolution No.8839 adding two properties
to the Master List and 15 properties to the Contributing List; motion carried(5-0).
COMMUNICATIONS
Comm.1. Council Member Romero reminded his colleagues about the Quarterly Channel
Counties meeting in Pismo Beach on Friday,August 21.
Comm.2. Council Member Roalman said he had a conversation with a representative of the
Motel Association who was interested in coordinating a meeting with the Finance Department
and a group from the association before the audits begin.
Bill Statier.Finance Director,said there was a meeting scheduled for 9:00 a.m.tomorrow
morning to meet with all the hotel operators.
Comm.3. Council Member Roalman said he was having difficulty attending the Student
Housing Task Force meetings and asked N another Council Member could attend the meeting
on Thursday. There being no Council Members able to attend,Arnold Jonas was asked to
represent the City and report back to Council.
BUSINESS ITEMS
City Council Meeting Page 7
Tuesday,August 18, 1998-7:00 p.m.
7. THURSDAY NIGHT RULES®ULATIONS (File No.210-03)
Council considered clarifying language regarding solicitation of funds for merchandise by
not4br-profit groups at Thursday Night Activities(Farmers'Market).
Jeff Jorgensen,City Attorney,summarized the agenda report.
Mayor Settle opened the meeting for public comment
There were no speakers.
Mayor Settle returned discussion to the dais.
After discussion, moved by Smith/Romero to approve clarifying language; motion carried
(5-0).
8. ANNEXATION REQUEST (File No.208-03)
Council considered annexing part of the Margarita Area in response to land owners'request
John Mandeville. Long Range Planning Manager, reviewed the request for annexation of the
DeBlauw and King portions of the Margarita area.
Mayor Settle opened the meeting for public comment
Dave Watson,the property owners' representative,said both owners will to cover the fees
to move the annexation forward.
Mayor Settle returned discussion to the Council.
Moved by Williams/Smith to allow the requesting owners to proceed with annexation,
provided they pay the applicable processing fees; motion carried (4-1; Roalman voting no).
9. CONSULTANT SERVICES-CONSERVATION ELEMENT (File No.704-06)
Council considered a Request for Proposals(RFP)and scope of work for consultant services
to update the Conservation Element of the General Plan.
John Mandeville, Long Range Planning Manager, briefly summarized the agenda report.
Mayor Settle opened the meeting for public comment
No one came forward.
Mayor Settle returned discussion to the dais.
After discussion, moved by Romero/Williams to 1)approve the recommended draft
workscope;2)authorize staff to solicit consultant proposals; and,3)authorize the CAO to
contract for consultant services up to$74,000; motion carried (5-0).
City Council Meeting Page 8
Tuesday,August 18, 1998-7:00 p.m.
There being no further business to come before the City Council,Mayor Settle adjourned the
meeting at 10:15 p.m.to Tuesday,September 1,1998 at 7:00 p.m.in the Council Chamber,990
Palm Street,San Luis Obispo.
APPROVED BY COUNCIL:9/1/98
KC:dr
Kim Condon
Acting City Clerk
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