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HomeMy WebLinkAbout12/15/1998, ______ Agenda Sheet - ______ Agenda & MINUTES (12/98) - ---- ' I. Unipa. ,ubscriptions: I (All mtgs.—unless o/w noted) AIA President ASI President aa BIA /Deborah Holley council acEn Chamber of Commerce C ITY OF SAN LU I S OB Cuesta College / K. Roberts C ITY HALL, 99 0 PALM Bill Thoma / Chamber of Comm. Co. Board of Spvrs. Paul Hood, Co.Administration Housing Authority KCBX KCOY KCPR: (2) Gen.Mgr. & News Dir. Tuesday, Decemb KDDB KEYT KGLO KKJG KSBY 4:00.P:M. REGULAR:MEETINI KOHL KVEC t KPRL Library (front desk) Mustang Daily New Times (front desk) Pac.Bell / V. Montalban Pae. Gas & Elec. / B.Burke CALL TO ORDER: Mayor Allen K. Settle Planning Comm. Comm. Dev.) So. Calif. Gas / V. Sterling PLEDGE OF ALLEGIANCE Council of Govts / R. DeCarli League of Women Voters Telegram-Tribune (front desk) ROLL CALL: Council Members Joh Public Interest Action Ctr. of ECOSLO / Geoffry Land Schwartz, Vice Ma y Res.forQual.Neigh / C.Sanders Sierra Club / Gary Felsman SLO Property Owners Assoc. PUBLIC COMMENT Fred strong (The Citizen) Sonic Cable/Jackie Public.comments on items°not on the. agenda vnll :be:. UNOCAL/J. Bray 1 period. Telegram Tribune/S.Lyons Peg Pinard/SLO County Capps CONSENT AGENDA II.Subscriptions Paid or The Consent Agenda is approved on one motion. Cou Env. Provided considered after Business items. I (rea.mtas.only) John Wiley esq. Easter Rents, Inc. C1. MINUTES PRICE IMS/s.Krautheim EDA rngr. Dev. Assoc.) Ellenburg Capital Corp. Tuesday, November 10, 1998 Linnenbach T1998 Local Government Services Tuesday, November 17 + RRM Design Group / LeeAnne Tuesday, December 1, 1998 Vista Information Services Wallace, John L. & Assocs. + RECOMMENDATION: Waive oral reading ark Walter Bros. Construction co. A. J. Diani Construction Fugro/McClelland ® Cannon Assoc. SLO Assoc of Realtors Regular City Council meetings are broadcast on KCPR, 91.31 Kimley-Horn ie the disabled in all of its services,programs,and activities. Telecommunii Heritage Oaks Bank 3k to the City Clerk prior to the meeting if you require a hearing amplification g:\groups\clerk\agenda.lst\agdist.wp Council Agenda V(,'" (Nuesday, Alember 15, 1998 U APPROVE MILLS ACT ONT CTS (J NAS/ 9-0 Consideration of approval of Mills Act contracts under the Historic Property Tax Incentive Program. + RECOMMENDATION: Adopt resolution approving Mills Act contracts for historic properties located at 1725 Santa Barbara Street, 1426 Broad Street, 1117/1119 Marsh Street and 599 Pismo Street. C3. JOHNSON AVE. ABANDONMENT - BUCHON AND RAILROAD TRACKS (JONAS/812-07) Consideration of a Planning Commission recommendation to abandon an excess portion of the westerly 26 feet of the Johnson Avenue right-of-way, located between Buchon Street and the Union Pacific Railroad right-of-way. (ABAN 152-98) + RECOMMENDATION: Adopt a Resolution of Intention to consider abandonment, and set a public hearing for January 19, 1999. C4. CABLE FRANCHISE CHANGE OF CONTROL AGREEMENT (HAMPIAN/704- 06) Consideration of a request for change of control of the cable television franchise from Charter Communications Properties, LLC to Paul G. Allen. + RECOMMENDATION: Adopt a resolution approving the change of control of the City of San Luis Obispo's cable television franchise from Charter Communications Properties LLC to Paul G. Allen and authorize the Mayor to sign the Change of Control Agreement. C5. REIMBURSEMENT FOR CREEK MANAGEMENT WORK (MCCLUSKEY/810- 06) Consideration of a Zone 9 agreement for reimbursement for creek management work. + RECOMMENDATION: Adopt a resolution approving an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9, and authorize the Mayor to sign the agreement. C6. MID-HIGUERA ENHANCEMENT PLAN SUBCOMMITTEE (JONAS/704406) Consideration of a request to establish a Council Subcommittee to advise staff on Mid- Higuera Enhancement Plan issues. + RECOMMENDATION: Establish a subcommittee consisting of Council members Romero and Schwartz. 2 / 1 Council Agenda Tuesday, December 15, 1998 APPOINTMENTS Al. COUNCIL SUBCOMMITTEE APPOINTMENTS (PRICE/301-05) Consideration of appointments of Council liaisons to subcommittees. + RECOMMENDATION: Appoint Council liaisons to subcommittees as listed on the Attachment A COUNCIL LIAISON REPORTS(not to exceed 15 minutes) . Council Members report:on conferees orother city..actiVit as Timeraim►t�minutes: . BUSINESS ITEMS 1. SOUND WALL ALONG ROUTE 101. ADJOINING BIRZZOLARA STREET (MCCLUSKEY/812-01 -40 Min.) Consideration of support for the design and construction of a sound wall along Route 101 adjoining Briaolara Street. RECOMMENDATION: 1) Direct staff to design and construct a sound wall along the south side of Route 101 adjoining Briaolara Street; 2) approve the performance objectives presented in Section II.E of the staff report to help guide the sound wall's design; and, 3) reserve $500,000 of the State Transportation Improvement Program (STIP) dollars allocated to the City to pay for any costs that exceed the $500,000 programmed by San Luis Council of Governments (SLOCOG) for this project. 2. INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES (MCCLUSKEY1704-06 - 15 Min.) Consideration of an interior advertising policy for SLO Transit vehicles. + RECOMMENDATION: Adopt a resolution approving the interior advertising policy for SLO Transit vehicles. A. ADJOURN TO CLOSED SESSION. 3 Council Agenda Tuesday, L,ecember 15, 1998 4 5:00 P.M: CLOSED SESSION Council Hearing Room 990-Palm-Street CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code§ 54956.9 (a) San Luis Obispo Firefighters Association v. City of San Luis Obispo CONFERENCE WITH PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8 Property: Damon-Garcia Property Negotiating Parties: City of San Luis Obispo Paul LeSage Property Owner Representatives: John French Negotiation: Whether to Acquire CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code§ 54956.9 (c) Number of Cases: 1 B. RECONVENE IN OPEN SESSION. 7:00 P.M. REGULAR MEETING Council Chamber CONTINUED 990 Palm Street PUBLIC COMMENT:PERIOD(notto.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 ion 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. 4 Council Agenda Tuesday, December 15, 1998 PRESENTATION P1. NATURAL RESOURCES POSTER (10 min.) (HAVLIK) Presentation of Natural Resources Poster by the Natural Resources Inventory Advisory Group, Neil Havlik and Pierre Rademaker. PUBLIC HEARINGS If you have filled. out a .Speaker .Slip,rthe:Moyor w0l.call you to the podium: Please speak in. the- microphone and.give your name and.citiy:of residence for the record. Please limit your.comments to 3 minutes; consultant and project:presentoti .oris.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. 3. DEVAUL RANCH ANNEXATION/PREZONING/EIR 11855 LOS OSOS VALLEY ROAD (JONAS/208-03 - 90 Min.) f V Public hearing to certify the Environmental Impact Report, the annexation and the prezoning of the 222 acre DeVaul Ranch site at 11855 Los Osos Valley Road. (ANNX/R/ER 102-96) Y1 I�' ( V 1� + RECOMMENDATION: 1)Adopt a resolution certifying the Environmental Impact ^ report (Attachment#1). 2)Adopt a resolution recommending that the Local Agency Formation Commission approve annexation of about 222 acres at the southeast comer of Madonna Road and Los Osos Valley Road (Attachment#2, with map). 3) Introduce F} W an ordinance prezoning the 222-acre annexation area R-1, R-2, R-3, PF and C/OS-160 (Attachment#3, with map and Mitigation Monitoring Program). 4) Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the County for all land to be annexed. 4. APPEAL OF A DECISION APPROVING A TENTATIVE MAP AT 2903 BROAD ST. (JONAS/203-03 - 30 Min.) Public hearing of an appeal of the hearing officer's action approving a minor subdivision creating two lots from one at 2903 Broad Street. (David Bolduan, applicant and Joe DeLucia, appellant.) (MS 61-98) + RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the Hearing Officer's action to approve a two lot subdivision, based on findings made by the Hearing Officer and consistency with the City's Subdivision Regulations. I r Council Agenda Tuesday, December 15, 1998 i S. APPEAL OF FRONTAGE IMPROVEMENTS AT 1480 ELLA STREET (MCCLUSKEY/201-12 - 30 Min.) / J' Public hearing to consider deferring the installation of sidewalk improvements to a I ter �� date. r + RECOMMENDATION: Adopt a resolution denying the appeal and requiring the property owners to install standard sidewalk improvements along both street frontages. 6. STATE AND FEDERAL TRANSIT GRANTS FOR 98-99 (MCCLUSKEY/803-08 - 20 Min.) Public hearing to consider the.Federal Transit Administration Program projects for the 1998-99 fiscal year. + RECOMMENDATION: 1) By motion, approve the 1998-99 Annual Claim for Transportation Development Act grants in the amount of$1,122,486. 2) By resolution, authorize the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of$386,000. 3) By motion, approve additional CIP expenditure appropriations in the amount of$186,300 for the Bus Maintenance and Expansion project and $6,000 for the Bus Stop Improvements project. 4) By motion, approve splitting off the Downtown Transfer Center($625,000) and the Railroad Recreation Trail - Phase 2 project ($400,000)from the Multimodal Transportation Center project budget 5) By motion, approve additional operating expenditure appropriations in the amount of$30,900 for the Connector electric shuttle service and $14,900 for extra tandem service. 6) By motion, approve amendments which will bring the 1998-99 budget into conformance with the anticipated revenues and expenses. COMMUNICATIONS(not to exceed 15 mim ites)<' .. At this time, any.Council Member or the City Administrative Officer may ask a question for clarification, make an announcement,or report bnefiy.on.his.Pr.her activities. In addition,subject to Council Policies and Procedures,:they may provide a referenee.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). C. ADJOURNMENT. 6 A council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 15,1998 ADDENDUM: 4:00 P.M. BUSINESS ITEM Council Chamber 990 Palm Street This item is hereby added to the regular agenda for December 15, 1998: 2A. FIRST NIGHT SAN LUIS OBISPO NOISE ORDINANCE EXCEPTION (LESAGE/1104-01 - 10 min.) Consideration of an exception to the Noise Ordinance for First Night in the downtown area from 8:00 p.m. to 12:00 midnight on New Year's Eve. + RECOMMENDATION: Approve the exception for the First Night Celebration from the City Noise Ordinance and confirm approval of future exception for this event at the staff level. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. AFFIDAVIT OF POSTING CITY OF SAN LUIS OBISPO ) MARY KOPECKY, being first duly swom, deposes and says: That she is the duly appointed and qualified Assistant City Clerk of the City of San Luis Obispo and that on December 10, 1998, she caused the above Notice to be posted at San Luis Obispo City Hall, San Luis Obispo, California. i/ I Gl1wh (Q• Ma E.Aopecky, AssistantCity Clerk San Luis Obispo, California .Please Send Agendas Approve Mills Act Contracts C-2 12/15/98 Richard and Adian Lenz 3515 Highland Avenue Manhattan Beach, CA 90266 Lorilee M. Silvaggio 672 Higuera Street San Luis Obispo, CA 93401 'Mary Adrienne .Riley 1426 Broad Street San Luis Obipso, . CA 93401 Astrid J. G311agher 1680 La Finca Ct. Arroyo Grande, CA 93420- 6949 First Night 20 7 .Madonna San Luis Obispo; GA 934.0`: I Hamish Marshall DeVaul Ranch LLC 1880 Santa Barbara, Ste. F San Luis Obispo, CA 93401 Charlie Eckbert INVESTEC 200 East Carrillo, Ste. 200 Santa Barbara, CA 93101 Brad Breckwal.d John Wallace & Assoc, 4115 Broad Street, Suite B=5 San Luis Obispo,. CA 93401 i 12./15/.9:_8 = - ..-> . Item Joe Deluca P'.0. Box 1845 San Luis Obispo., CA 03.W= 1286 David' N. Bouldu_a_n P.O. Box 1845 San Luis Obispo, 'CA 93406- 1845 Don. and Judy philbin 1480 Ella_ Street San Luis Obispo; CA 93401 Zen Hagga_r-d 16550 Oracle Oak. Way Santa Margarita, CA. 93453 council apenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, December 15, 1998 ACTION UPDATE 4:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE PRESENT: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, Mayor Allen K. Settle CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. MINUTES (PRICE) Tuesday, November 10, 1998 Tuesday, November 17, 1998 Tuesday, December 1, 1998 + RECOMMENDATION: Waive oral reading and approve minutes as submitted. FINAL ACTION: Approved(5-0). C2. APPROVE MILLS ACT CONTRACTS (JONAS/209-05) Consideration of approval of Mills Act contracts under the Historic Property Tax Incentive Program. Council Agenda Tuesday, Lc:cember 15, 1998 Action Update + RECOMMENDATION: Adopt resolution approving Mills Act contracts for historic properties located at 1725 Santa Barbara Street, 1426 Broad Street, 1117/1119 Marsh Street and 599 Pismo Street. ACTION.Resolution Nos. 8878, 8879. 8880, and 8881 adopted(5-0). C3. JOHNSON AVE. ABANDONMENT - BUCHON AND RAILROAD TRACKS (JONAS/812-07) Consideration of a Planning Commission recommendation to abandon an excess portion of the westerly 26 feet of the Johnson Avenue right-of-way, located between Buchon Street and the Union Pacific Railroad right-of-way. (ABAN 152-98) + RECOMMENDATION: Adopt a Resolution of Intention to consider abandonment, and set a public hearing for January 19, 1999. ACTION: Resolution No. 8882 adopted(4-0, Ewan absent). C4. CABLE FRANCHISE CHANGE OF CONTROL AGREEMENT (HAMPIAN/704- 06) Consideration of a request for change of control of the cable television franchise from Charter Communications Properties, LLC to Paul G. Allen. + RECOMMENDATION: Adopt a resolution approving the change of control of the City of San Luis Obispo's cable television franchise from Charter Communications Properties LLC to Paul G. Allen and authorize the Mayor to sign the Change of Control Agreement. ACTION: Resolution No. 8883 adopted(5-0). C5. REIMBURSEMENT FOR CREEK MANAGEMENT WORK (MCCLUSKEY/810- 06) Consideration of a Zone 9 agreement for reimbursement for creek management work. + RECOMMENDATION: Adopt a resolution approving an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9, and authorize the Mayor to sign the agreement. ACTION: Resolution No. 8884 adopted(5-0). 2 ' Council Agenda Tuesday, ..acember 15, 1998 Action Update C6. MID-HIGUERA ENHANCEMENT PLAN SUBCOMMITTEE (JONAS/704-06) Consideration of a request to establish a Council Subcommittee to advise staff on Mid- Higuera Enhancement Plan issues. + RECOMMENDATION: Establish a subcommittee consisting of Council members Romero and Schwartz. ACTION:Approved(5-0). APPOINTMENTS Al. COUNCIL SUBCOMMITTEE APPOINTMENTS (PRICE/301-05) Considerafion of appointments of Council liaisons to subcommittees. + RECOMMENDATION: Appoint Council liaisons to subcommittees as listed on the Attachment A ACTION:Appointments made as recommended(5-0). COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time Iim"minutes. San Luis Obispo Council of Governments (SLOCOG): Vice Mayor Romero reported that SLOCOG took several actions at their last meeting. First they did not change the criteria for unmet transit needs. Second they approved$3 million for a Transportation Demand Management(TDM)services program. Finally they approved the retention of a city managers committee. California Men's Colony(CMC): Vice Mayor Romero noted that CMC received a high rating of 92%in the most recent institution audit. Also recent problems with processing visitors has improved. Additionally he reported that 23% of the prison population consists of illegal aliens. Downtown Association: Council Member Schwartz reported the Downtown Association members expressed concern to Police Chief Gardiner about recent lack of police presence in the downtown area. Chief Gardiner responded that the police force has been working on the coed disappearance. Council Member Schwartz also noted that a decision regarding changing the name of the association was postponed. 3 Council Agenda Tuesday, _.:cember 15, 1998 Action Update Bicycle Committee: Council Member Ewan reported that the committee discussed the effect of stop signs for traffic calming as it related to cyclists and expressed concerns regarding interim road conditions on Orcutt Road. The committee was also working goal setting. Youth Task Force: Mayor Settle reported that the Youth Task Force has developed a video for the prevention program called RE(DUI)CE. BUSINESS ITEMS 1. SOUND WALL ALONG ROUTE 101, ADJOINING BIRZZOLARA STREET (MCCLUSKEY/812-01 - 40 Min.) Consideration of support for the design and construction of a sound wall along Route 101 adjoining Brizzolara Street. RECOMMENDATION: 1) Direct staff to design and construct a sound wall along the south side of Route 101 adjoining Brizzolara Street; 2) approve the performance objectives presented in Section II.E of the staff report to help guide the sound wall's design; and, 3) reserve $500,000 of the State Transportation Improvement Program (STIP) dollars allocated to the City to pay for any costs that exceed the $500,000 programmed by San Luis Council of Governments (SLOCOG) for this project. ACTION. 1) Staff was directed to perform design and cost analyses including consideration of other alternatives for sound reduction; 2) approved; 3) approved(3-2. Marx and Schwartz voting no). 2. INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES (MCCLUSKEY/704-06 - 15 Min.) Consideration of an interior advertising policy for SLO Transit vehicles. + RECOMMENDATION: Adopt a resolution approving the interior advertising policy for SLO Transit vehicles. ACTION.Adopted Resolution No. 8885 as amended(5-0). 2A. FIRST NIGHT SAN LUIS OBISPO NOISE ORDINANCE EXCEPTION (LESAGE/1104-01 - 10 min.) 4 ' Council Agenda Tuesday, :cember 15, 1998 Action Update Consideration of an exception to the Noise Ordinance for First Night in the downtown area from 8:00 p.m. to 12:00 midnight on New Years Eve. + RECOMMENDATION: Approve the exception for the First Night Celebration from the City Noise Ordinance and confirm approval of future exception for this event at the staff level. ACTION: City Noise Ordinance exception approved(5-0). A. ADJOURNED TO CLOSED SESSION. 6:00 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code § 54956.9 (a) San Luis Obispo Firefighters Association v. City of San Luis Obispo ACTION: Council considered pending litigation. CONFERENCE WITH PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8 Property: Damon-Garcia Property Negotiating Parties: City of San Luis Obispo Paul LeSage Property Owner Representatives: John French Negotiation: Whether to Acquire ACTION: Council authorized further property negotiations relative to the Damon- Garcia Property and discussed potential litigation. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code § 54956.9 (c) Number of Cases: 1 5 Council Agenda Tuesday, ..--cember 15, 1998 Action Update ACTION: This item was continued to the end of the open session. B. RECONVENE IN OPEN SESSION. 7:00 P.M. REGULAR MEETING Council Chamber CONTINUED 990 Palm Street 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. There were no public comments on items not on the agenda. PRESENTATION P1. NATURAL RESOURCES POSTER (10 min.) (HAVLIK) Presentation of Natural Resources Poster by the Natural Resources Inventory Advisory Group, Neil Havlik and Pierre Rademaker. A presentation of the Natural Resources Poster was made by Neil Havlik and Pierre Rademaker. The poster received praise from the City Council. The poster will be available for sale in the near future. 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. 6 Council Agenda Tuesday, ..acember 15, 1998 Action Update 3. DEVAUL RANCH ANNEXATION/PREZONING/EIR 11855 LOS OSOS VALLEY ROAD (JONAS/208-03 - 90 Min.) Public hearing to certify the Environmental Impact Report, the annexation and the prezoning of the 222 acre DeVaul Ranch site at 11855 Los Osos Valley Road. (ANNX/R/ER 102-96) + RECOMMENDATION: 1) Adopt a resolution certifying the Environmental Impact report (Attachment#1). 2) Adopt a resolution recommending that the Local Agency Formation Commission approve annexation of about 222 acres at the southeast comer of Madonna Road and Los Osos Valley Road (Attachment#2, with map). 3) Introduce an ordinance prezoning the 222-acre annexation area R-1, R-2, R-3, PF and C/OS-160 (Attachment#3, with map and Mitigation Monitoring Program). 4) Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the County for all land to be annexed. ACTION. 1) Adopted Resolution No. 8886 approving EIR(4-1, Settle voting no). 2) Adopted Resolution No. 8887 (4-1, Settle voting no). 3) Introduced Ordinance No. 1344 as amended(4-1, Settle voting no). 4) Approved(4-1, Settle voting no). 4. APPEAL OF A DECISION APPROVING A TENTATIVE MAP AT 2903 BROAD ST. (JONAS/203-03 - 30 Min.) Public hearing of an appeal of the hearing officer's action approving a minor subdivision creating two lots from one at 2903 Broad Street. (David Bolduan, applicant and Joe DeLucia, appellant.) (MS 61-98) + RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the Hearing Officers action to approve a two lot subdivision, based on findings made by the Hearing Officer and consistency with the City's Subdivision Regulations. ACTION. Appeal denied, Resolution No. 8889 adopted. (4-0, Ewan absent). 5. APPEAL OF FRONTAGE IMPROVEMENTS AT 1480 ELLA STREET (MCCLUSKEY/201-12 - 30 Min.) Public hearing to consider deferring the installation of sidewalk improvements to a later date. + RECOMMENDATION: Adopt a resolution denying the appeal and requiring the property owners to install standard sidewalk improvements along both street frontages. ACTION: Continued to January 19, 1999 (3-1-1, Marx voting no, Ewan absent). 7 Council Agenda Tuesday, _ :cember 15, 1998 Action Update 6. STATE AND FEDERAL TRANSIT GRANTS FOR 98-99 (MCCLUSKEY/803-08 - 20 Min.) Public hearing to consider the Federal Transit Administration Program projects for the 1998-99 fiscal year. ♦ RECOMMENDATION: 1) By motion, approve the 1998-99 Annual Claim for Transportation Development Act grants in the amount of$1,122,486. 2) By resolution, authorize the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of$386,000. 3) By motion, approve additional CIP expenditure appropriations in the amount of$186,300 for the Bus Maintenance Yard Expansion project and $6,000 for the Bus Stop Improvements project. 4) By motion, approve splitting off the Downtown Transfer Center ($625,000) and the Railroad Recreation Trail - Phase 2 project ($400,000) from the Multimodal Transportation Center project budget. 5) By motion, approve additional operating expenditure appropriations in the amount of$30,900 for the Connector electric shuttle service and $14,900 for extra tandem service. 6) By motion, approve amendments which will bring the 1998-99 budget into conformance with the anticipated revenues and expenses. ACTION: 1)Approved. 2) Adopted Resolution No. 8888. 3)Approved. 4) Approved). 5)Approved. 6)Approved. All items approved(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). Mayor Settle asked staff to work with him and Council Member Ewan to discuss concerns of downtown auto dealers regarding expansion options. Council Member Marx suggested consideration include an off-street transit site that will not be a temporary measure. Council Member Marx requested staff provide a list of City-owned properties presently leased, including terms and rates. C. ADJOURNED to continued closed session at 11:20 p.m. 8 Council Agenda Tuesday ;cember 15, 1998 Action Update 11:20 P.M. CONTINUED CLOSED Council Hearing Room SESSION 990 Palm Street CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code § 54956.9 (c) (continued from 6:00 p.m.) Number of Cases: 1 ACTION: Continued until January 5, 1999. ADJOURNED at 12:30 a.m. to the next regular meeting of the City Council on Tuesday, January 5, 1999 at 7.00 p.m. in the Council Chamber, 990 Palm Stree4 San Luis Obispo. 9 council agcnba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET n Tuesday, December 15, 1998 4100 P:M: . REGULAR MEETING CounciI:Ct amber.:i 990;Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, Mayor Allen K. Settle PUBLIC COMMENT Public comments on.:items,not on the.agenda..will be received during the.7:00 P.M. public comment period. CONSENT AGENDA The Consent Agenda is approved.on one motion. Council Members may: pull consent items to be considered after Business items. C1. MINUTES (PRICE) Tuesday, November 10, 1998 Tuesday, November 17, 1998 Tuesday, December 1, 1998 + RECOMMENDATION: Waive oral reading and approve minutes as submitted. ® 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 Tuesday, December 15, 1998 C2. APPROVE MILLS ACT CONTRACTS (JONAS/209-05) Consideration of approval of Mills Act contracts under the Historic Property Tax Incentive Program. + RECOMMENDATION: Adopt resolution approving Mills Act contracts for historic properties located at 1725 Santa Barbara Street, 1426 Broad Street, 1117/1119 Marsh Street and 599 Pismo Street. C3. JOHNSON AVE.ABANDONMENT - BUCHON AND RAILROAD TRACKS (JONAS/812-07) Consideration of a Planning Commission recommendation to abandon an excess portion of the westerly 26 feet of the Johnson Avenue right-of-way, located between Buchon Street and the Union Pacific Railroad right-of-way. (ABAN 152-98) + RECOMMENDATION: Adopt a Resolution of Intention to consider abandonment, and set a public hearing for January 19, 1999. C4. CABLE FRANCHISE CHANGE OF CONTROL AGREEMENT (HAMPIAN/704- 06) Consideration of a request for change of control of the cable television franchise from Charter Communications Properties, LLC to Paul G. Allen. + RECOMMENDATION: Adopt a resolution approving the change of control of the City of San Luis Obispo's cable television franchise from Charter Communications Properties LLC to Paul G. Allen and authorize the Mayor to sign the Change of Control Agreement. C5. REIMBURSEMENT FOR CREEK MANAGEMENT WORK (MCCLUSKEY/810- 06) Consideration of a Zone 9 agreement for reimbursement for creek management work. + RECOMMENDATION: Adopt a resolution approving an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9, and authorize the Mayor to sign the agreement. C6. MID-HIGUERA ENHANCEMENT PLAN SUBCOMMITTEE (JONAS/704-06) Consideration of a request to establish a Council Subcommittee to advise staff on Mid- Higuera Enhancement Plan issues. + RECOMMENDATION: Establish a subcommittee consisting of Council members Romero and Schwartz. 2 Council Agenda Tuesday, December 15, 1998 APPOINTMENTS Al. COUNCIL SUBCOMMITTEE APPOINTMENTS (PRICE/301-05) Consideration of appointments of Council liaisons to subcommittees. + RECOMMENDATION: Appoint Council liaisons to subcommittees as listed on the Attachment A COUNCIL LIAISON REPORTS:(notto exceed 95minutes) . Council Members report on.conferences or other Cit activities. Time.limit-3:minutes.. BUSINESS ITEMS 1. SOUND WALL ALONG ROUTE 101, ADJOINING BIRZZOLARA_ STREET (MCCLUSKEY/812-01 -40 Min.) Consideration of support for the design and construction of a sound wall along Route 101 adjoining Briaolara Street. RECOMMENDATION: 1) Direct staff to design and construct a sound wall along the south side of Route 101 adjoining Briaolara Street; 2) approve the performance objectives presented in Section ILE of the staff report to help guide the sound wall's design; and, 3) reserve $500,000 of the State Transportation Improvement Program (STIP)dollars allocated to the City to pay for any costs that exceed the $500,000 programmed by San Luis Council of Governments (SLOCOG)for this project. 2. INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES (MCCLUSKEY/704-06- 15 Min.) Consideration of an interior advertising policy for SLO Transit vehicles. + RECOMMENDATION: Adopt a resolution approving the interior advertising policy for SLO Transit vehicles. A. ADJOURN TO CLOSED SESSION. 3 Council Agenda Tuesday, December 15, 1998 6:00 P:tlll. CLOSED:SESSION Council Hearing Room:: 990 Palm Street CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code § 54956.9 (a) San Luis Obispo Firefighters Association v. City of San Luis Obispo CONFERENCE WITH PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8 Property: Damon-Garcia Property Negotiating Parties: City of San Luis Obispo Paul LeSage Property Owner Representatives: John French Negotiation: Whether to Acquire CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code§ 54956.9 (c) Number of Cases: 1 B. RECONVENE IN OPEN SESSION. 7:00 P.M. REGULAR MEETING Council Chamber CONTINUED 990 Palm Street 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. 4 Council Agenda Tuesday, December 15, 1998 PRESENTATION:.; P1. NATURAL RESOURCES POSTER (10 min.) (HAVLIK) Presentation of Natural Resources Poster by the Natural Resources Inventory Advisory Group, Neil Havlik and Pierre Rademaker. PUBUC.HEARtNIGS If you have filled.:out a Speaker Slfp, the Mayor will call you to the:.podium: Pfease speak<into the. — microphone andgive your:name and aiy of:residence for the;record.. Please::fmityour comments:<to 3'' minutes; consultant and:protect presentations limited to 10 minutes,. if you chaltenge.:an issue:in court., you maybe limited to4aising onty`.those issues you or someone else raised:.at thispublic::heanng as: described below,or:inwritten correspondence delivered to the.City before or during the;pubhc hearing. 3. DEVAUL RANCH ANNEXATION/PREZONING/EIR 11855 LOS OSOS VALLEY ROAD (JONAS/208-03 - 90 Min.) Public hearing to certify the Environmental Impact Report, the annexation and the prezoning of the 222 acre DeVaul Ranch site at 11855 Los Osos Valley Road. (ANNX/R/ER 102-96) + RECOMMENDATION: 1)Adopt a resolution certifying the Environmental Impact report (Attachment#1). 2)Adopt a resolution recommending that the Local Agency Formation Commission approve annexation of about 222 acres at the southeast comer of Madonna Road and Los Osos Valley Road (Attachment#2, with map). 3) Introduce an ordinance prezoning the 222-acre annexation area R-1, R-2, R-3, PF and C/OS-160 (Attachment#3, with map and Mitigation Monitoring Program). 4) Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the County for all land to be annexed. 4. APPEAL OF A DECISION APPROVING A TENTATIVE MAP AT 2903 BROAD ST. (JONAS/203-03 - 30 Min.) Public hearing of an appeal of the hearing officers action approving a minor subdivision creating two lots from one at 2903 Broad Street. (David Bolduan, applicant and Joe DeLucia, appellant.) (MS 61-98) + RECOMMENDATION: Adopt a resolution, denying the appeal, and upholding the Hearing Officer's action to approve a two lot subdivision, based on findings made by the Hearing Officer and consistency with the City's Subdivision Regulations. 5 Council Agenda Tuesday, December 15, 1998 5. APPEAL OF.FRONTAGE IMPROVEMENTS AT 1480 ELLA STREET (MCCLUSKEY/201-12 - 30 Min.) Public hearing to consider deferring the installation of sidewalk improvements to a later date. + RECOMMENDATION: Adopt a resolution denying the appeal and requiring the property owners to install standard sidewalk improvements along both street frontages. 6. STATE AND FEDERAL TRANSIT GRANTS FOR 98-99 (MCCLUSKEY/803-08 - 20 Min.) Public hearing to consider the Federal Transit Administration Program projects for the 1998-99 fiscal year. + RECOMMENDATION: 1) By motion, approve the 1998-99 Annual Claim for Transportation Development Act grants in the amount of$1,122,486. 2) By resolution, authorize the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of$386,000. 3) By motion, approve additional CIP expenditure appropriations in the amount of$186,300 for the Bus Maintenance and Expansion project and $6,000 for the Bus Stop Improvements project. 4) By motion, approve splitting off the Downtown Transfer Center($625,000) and the Railroad Recreation Trail - Phase 2 project ($400,000)from the Multimodal Transportation Center project budget. 5) By motion, approve additional operating expenditure appropriations in the amount of$30,900 for the Connector electric shuttle service and $14,900 for extra tandem service. 6) By motion, approve amendments which will bring the 1998-99 budget into conformance with the anticipated revenues and expenses. 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). C. ADJOURNMENT. 6 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,NOVEMBER 10,1998-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL: Council Members Present: Council Members Ken Schwartz, Bill Roalman,Dodie Williams,Vice Mayor Dave Romero,and Mayor Allen K.Settle City Staff: Present: John Dunn,City Administrative Officer;Jeff Jorgensen,City Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City Administrative Officer;Arnold Jonas,Community Development Director, Bill Staffer, Finance Director; Mike McCluskey,Public Works Director;Jeff Hook,Associate Planner PRESENTATIONS P1. A presentation scheduled by Ron Regler from the Performing Arts Center was rescheduled for 1218198. CLOSED SESSION ANNOUNCEMENT City Attorney Jeff Jornensen reported that the Council authorized further negotiations in the matter of property negotiations regarding property located on Southwood Drive(No Street Address). PUBLIC COMMENT There were none. CONSENT AGENDA Vice Mayor Romero pulled Item C,3 for comment;Council Member Schwartz pulled Item C-4 for comment; Ira Winn requested that Item#C41 be pulled for comment. ACTION: Moved by WilliamslRoalman to approve the consent agenda as recommended by the City Administrative Officer,with the exception of C3,C4,and C71;motion carried 5:0. Council Member Schwartz noted he would abstain from C10 due to potential conflict of Interest. City Council Meeting Page 2 Tuesday,November 10, 1998-7:00 p.m. C1. COUNCIL MINUTES Tuesday,October 20,1998 at 6:15 p.m.; and, Tuesday,October 20,1998 at 7:00 p.m. ACTION: Approved as revised; 5:0. C2. MEMORANDUM OF AGREEMENT—SAN LUIS OBISPO STAFF OFFICERS' ASSOCIATION(SLOPSOA)(File No.509-04) ACTION: Moved by Williams/Roalman to adopt Resolution No.8865 approving the Memorandum of Agreement with the San Luis Obispo Staff Officers'Association; motion carried 5:0. C3. STREET RESTRUCTURING/RESURFACING FOR FALL 1998(File No.704-06) Street reconstructionlresurfacing during the Fall of 1998,Specification No.9822. Vice Mayor Romero pulled this Item to express concern about the timing of the project He stated that the seal coat project has begun too late in the season and that this would affect the quality of the seal. He suggested that the resurfacing project be delayed until after the rainy season and coordinated with Cal Poly's quarter break in late March to avoid traffic congestion. Council Member Roalman also shared concerns regarding completing this and other projects currently under construction. City Engineer Wayne Peterson spoke in support of staffs recommendation and responded to Council comments. He reported that there would be no paving on rainy days,no trenches open during the winter and clarified that if rain extends the contract and the contractor is unable to work,the City is protected by the specifications.Vice Mayor Romero reiterated concerns for the quality of the work if it Is done during the rainy season,but noted that he would vote in favor to keep the projects moving ahead. ACTION: Moved by Roalman/Williams to 1)approve plans and specifications for "Street Reconstruction/Resurfacing-Fall 1998" prepared by Nichols-Vailegra& Associates; 2)authorize staff to advertise for bids for"Street Reconstruction/ Resurfacing-Fall 1998"; and,3)authorize the CAO to award the contract if the lowest responsible bid is within budget; motion carried 5:0. C4. LITTLE THEATRE AGREEMENT(File No.704-06) Council considered a new lease with San Luis Obispo Little Theater for the property at 888 Morro Street Council Member Schwartz pulled this Item to read Into the record his memo to Council retracting his formal request to continue this item(both items on file with the City Cleric). ACTION: Moved by Williams/Romero to approve the new lease agreement with the San Luis Obispo Little Theater for the property at 888 Morro Street; motion carried 5:0. C5. SCHEDULE OF COUNCIL MEETINGS FOR BALANCE OF CALENDAR YEAR (File No.301-01) Council considered reviewing Council Meetings for the balance of the year. ACTION: Moved by Williams/Roalman to receive and file; motion carred 5:0. City Council Meeting Page 3 Tuesday,November 10, 1998-7:00 p.m. C6. FINAL PASSAGE OF PARADE AND SPECIAL EVENTS ORDINANCE(File No. 1104- 01) 10401) Council considered final passage of Ordinance No. 1345 establishing regulations for parades and special events.(Continued from 10/20198.) ACTION: Moved by Williams/Roalman to grant final passage to Ordinance No. 1345: motion carried 5:0. C7. AMENDMENTS TO BY-LAWS FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS(SLOCOG)AND THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY(SLORTA) (File No.204-06) Council considered ratification of proposed changes to San Luis Obispo Council of Governments(SLOCOG)and San Luis Obispo Regional Transit Agency(SLORTA)Joint Powers Agreements.. ACTION: Moved by Williams/Roalman to approve the proposed modifications to the SLOCOG and SLORTA Joint Powers Agreements with one change, retaining the Administrative Committee of SLOCOG; motion carried 5:0. C8. DOWNTOWN ASSOCIATION ADMINISTRATOR SALARY ADJUSTMENT(File No.210- 07) Council considered of a salary increase for the Downtown Association Administrator, Deborah Holley. ACTION: Moved by Williams/Roalman to adopt Resolution No.8868 approving an amendment to the contract for the Downtown Association Administrator for a salary Increase; motion carried 5:0. C9. USE OF 610 MONTEREY STREET (File No.809-01) Council considered various meeting and office uses for the City property at 610 Monterey Street and budgeting $24,000 from the unappropriated balance of the general fund for needed improvements to allow the recommended property uses. ACTION: Moved by Williams/Roalman to 1)authorize various meeting and office uses for the City property at 610 Monterey Street; and,2)budget$24,000 from the unappropriated balance of the general fund for needed improvements to allow the recommended property uses;motion carried 5:0. C10. CREEK WALK SCULPTURE GIFT FROM THE MARY JANE DUVALL TRUST FUND (File No.201-13) Council considered Creek walk sculpture gift from the Mary Jane Duvall trust fund. Council Member Schwartz abstained due to a conflict of interest due to existing relationship with the Trust. ACTION: Moved by Williams/Roalman to approve the offer of a gift of up to$25,000 from the Mary Jane Duvall Trust Fund for the creation of a sculpture to be placed along the San Luis Creek Walk; motion carried 4:0:1 (Schwartz) City Council Meeting Page 4 Tuesday, November 10, 1998-7:00 p.m. C11. LAND ACQUISITION AT 893 MARSH STREET (File No.70406) Council considered purchasing the Post Office parking lot property at 893 Marsh Street. Ira Winn spoke in opposition to the proposed parking lot because he believes it will result in an increase in traffic in the downtown. Bili Storm spoke in support of the acquisition of the property and commented that there is a need for additional parking in the downtown due to the fact that the existing garage is always full. Brian Christensen asked if there was a contingency provision in the contract. He expressed concern that this Is not a prudent use of City funds because the impact has not been fully studied. Mike Saanraler.Chair of the Downtown Association Parking Committee,spoke in support of the acquisition.He complimented the staff in their success with negotiating a deal with the federal government and further stated that It is important to move on for the survival of the pedestrian-oriented downtown. Gary Fowler stated that he is opposed to the sale because of a concern that the post office will eventually move out of the downtown. He recommended that the matter be held over until the new Council takes office. Deborah Holley.Downtown Association Administrator,stated that she knows the value of the post office downtown and that many downtown merchants are looking forward with great anticipation to the progress. She stated that it would be a travesty to drop it or back down, that parking Is at a premium and vital to the downtown. On behalf of the 650 businesses in the downtown,she urged approval. Joe Delucia.San Luis Obispo,concurred with others in support As a downtown business owner,he strongly supports the acquisition to keep downtown viable. —end of public testimony— Staff responded to additional questions from the Council. ACTION: Moved by Romero/Schwartz to 1)authorize the purchase of property located at the rear of 893 Marsh Street for$350,000; 2)authorize an agreement for services between the City and United States Postal Service; and,3)authorize the CAO to sign purchase documents and the deed; motion carried 4:1 (Roalman). C12. PARTICIPATION IN COUNTY WIDE DUI REDUCTION PROGRAM(File No. 1301-02) Council considered participation In a county-wide law enforcement grant to reduce DUI accidents during the 1998 holiday season. ACTION: Moved by Williams/Roalman to adopt Resolution No.8870 agreeing to participate in the(San Luis Obispo County Plays It Safe)SLOCOPS grant; motion carried 5:0. City Council Meeting Page 5 Tuesday, November 10,1998-7:00 p.m. C13. VALVE REPLACEMENTS AND FIRE HYDRANT INSTALLATION (File No.704-06) Council considered plans and specifications for valve replacements and fire hydrant Installation,authorizing staff to advertise for bids,and awarding contract If the lowest responsible bid is within budget. ACTION: Moved by Williams/Roalman to 1)approve plans and specifications for "Valve Replacements and Fire Hydrant Installation,Specification No.9222";2) authorize staff to advertise for bids;and,3)authorize the CAO to award the contract If the lowest responsible bid is within budget; motion carried 5:0. COUNCIL LIAISON REPORTS CLR1.Vice Mavor Romero reported on the October 14"' Integrated Waste Management Authority(IWMA)meeting. The Buy Back Center Is now in place and the recent law suit was decided for Cold Canyon Land Fill. Construction of a Materials Recovery Facility will soon begin. The Board received a report regarding the deconstruction project proposed at Camp Roberts and authorized hiring a consultant to review the process. IWMA has received a grant from the Air Pollution Control District to lease an electric passenger vehicle. CLR2. Vice Mayor Romero reported on the San Luis Obispo Regional Transit Authority (SLORTA)meeting of November 41h. Actions included direction to staff to hire a consultant to prepare a RFP for contract transit services operators, receiving a report regarding additional funding for Highway 46 improvement,and State Transportation Improvement Program(STIP)funding that includes an additional$500,000 for construction of a sound wall in San Luis Obispo along Highway 101. CL113. Vice Mayor Romero presented a report on the Performing Arts Center Commission for their November 5d'meeting. The Cal Poly parking structure contract has been awarded with work to begin In November. It will take approximately one year,and will increase parking on campus by 700 spaces. CL114. Council Member Williams stated that the Economic Vitality Commission has selected David Spower for the position of executive director to begin later this month. CLR5. Council Member Schwartz reported that he had attended the Downtown Association meeting where they discussed the strong need to do something about restrooms and parking In the downtown. Mayor Settle called a recess at 8.30 p.m. The meeting reconvened at 8:45 p.m. APPOINTMENTS Al. JACK HOUSE COMMITTEE APPOINTMENT(File No.305-02) Council considered one appointment to the Jack House Committee. ACTION: Moved by Roalman/Romero to appoint Ron Batterson to a four-year term to begin Immediately and expire 11112102; motion carried 5:0. City Council Meeting Page 6 Tuesday, November 10,1998-7:00 p.m. A2. PLANNING COMMISSION APPOINTMENTS(File No.305-02) Council considered three appointments to the Planning Commission. (Continued from 10/20/98.) Mayor Settle took comments from the public. Jan Howell Marx,Council Member-Elect, requested that Council defer this appointment until after 12/1/98 when the new Council takes office. She recommended that the position be re- advertised to create a wider pool of candidates and commented that the election results show that the majority choice should appoint those they are comfortable with. Mary Whittiesev. Planning Commissioner,expressed similar concerns. She stated that Mr. Ashbaugh has been gone a couple of months, but would agree that the new Council should make the selections. Torre Houl4ate-West stated that it Is important to remember the voice of the voters and also proposed that the Council appointments should be made by the new Council. John Ewan.Council Member-Elect,stated that he would like a voice in the appointment process but noted that he would like to see the current Council move forward with one appointment at this time. He noted that he agrees that there are others who will apply now that there are additional vacancies on the Commission. Pete Evans agreed that the Council should defer the appointments until the new Council is seated. -end of public testimony— The Council reviewed a memo from the City Clerk summarizing past appointment practices as they relate to appointments to the Commission following Council elections.Lengthy Council discussion ensued. MOTION: Moved by Romero/Williams to appoint Penny Rappa to fill the current vacancy; motion failed 2:3(Settle,Schwartz and Roalman). ACTION: Moved by Roalman/Schwartz to appoint Allan Cooper to fill an unexpired term to begin immediately; motion passed 5:0. ACTION: Appointments to the remaining two vacancies were deferred and the City Clerk was directed to open a new recruitment seeking additional applications. A3. PROMOTIONAL COORDINATING COMMITTEE (File No.305-02) Council considered an appointment to the Promotional Coordinating Committee. ACTION: Moved by Roalman/Schwartz to appoint Diane Roberts to fill a vacancy to expire on 3131/2000,and thank Carol Ann Lockary for her service; motion carried 5:0. City Council Meeting Page 7 Tuesday,November 10, 1998-7:00 p.m. PUBLIC HEARING 1. INCLUSIONARY HOUSING COMMITTEE REPORT(File No.208-02) Council held a public hearing to consider an ordinance implementing the Inclusionary Housing Program of the City's General Plan Housing Element. Associate Planner Hook provided the background and staff recommendation. Council questions and comments followed. Vice Mayor Romero voiced concerns regarding the potential for fraud. Mayor Settle opened the public hearing. Mary Whittlesev,ad hoc inclusionary housing committee member, provided some background from the committee perspective and noted that not all the details were completely worked. Jan Howell Marx,Council Member-Elect,commended staff for their analysis and pointed out the importance of providing affordable housing. She remarked that some of the aspects of the program proposed may drive up costs for construction,especially for smaller projects,and voiced concern that guidelines have not been adequately established. She urged the Council to direct staff to do more work on the ordinance before it Is enacted. Steve Devencenzi,SLOCOG,spoke In support of the program. He noted that in 1991 the regional fair share housing allocation plan was adopted and reported that the state has now started providing funding. Steve Nelson,Chairperson of the ad hoc inclusionary housing committee,spoke In support of the draft ordinance and addressed points relating to the proposed shared equity program. John French also spoke in support of the program and remarked that the ordinance is only one tool to meet the obligation of creating homes for people who live and work in San Luis Obispo. He commented that he would not limit percentage, but rather limit the ratio of the equity. Urged adoption or ask staff to bring back refinements. Time to move forward. Betty Woolslaver voiced support for the program and noted that the ad hoc committee always intended that it would be the Housing Authority or Peoples Self-Help Housing to deal with some of the issues regarding eligibility,etc. The intent of shared equity Is to focus on homes to be occupied by owner she added. Charlie Senn. Planning Commission Chair,urged the Council to not get hung up on the details of the program but to continue to move it along. He said that If modifications are needed,staff or the Housing Authority can bring back a request to change the ordinance. He also encouraged the Council not to put a cap on how long the home must be owned before it can be sold. George Moylan, Housing Authority,spoke in support of the ordinance and pointed out that the specifics of the program will be In the negotiated agreement with the developer and the purchase agreement with the buyer. He added that the ordinance Is a good start for the City,since it has not yet produced any affordable units to date. In response to inquiry from the Council, Mr. Moylan remarked that the Housing Authority Is Interested In discussing With staff the possibility of contracting with the City to implement the program and reported City Council Meeting Page 8 Tuesday, November 10, 1998-7:00 p.m. that payment for that service would be negotiated as either a flat or half-point fee to cover costs of processing. Mayor Settle closed the public hearing. Council discussion followed. Council Member Roalman expressed concern that with such a small down and the potential for a huge windfall,the program might not be in the City's best Interest. He added that he foresees this program to be staff-intensive to monitor and prevent fraud. Vice Mayor Romero reiterated concerns regarding potential fraud and argued that the City and developers will pay a portion of the subsidy.He noted that City policies to-date have discouraged success of the existing program and though he is not convinced that this ordinance will solve the problems, he believes it is a good start He recommended that mechanics of the program be worked out in detail and spoke in support of contracting with the Housing Authority to administer and enforce the program. Council Member Williams spoke in favor of the program and stated that there is a need to establish incentives to make the program successful. She agreed with entering Into a contractual arrangement with the Housing Authority to administer the program. Community Development Director Jonas asked for input on key issues raised by the Council: 1)Does the Council want all for-sale housing to participate in a shared equity program? Yes,staff directed to review eligibility screening(Section 17.91.130: Change "shall"to "may"); 2)How does Council wish to address issues of"early"sale? Concurrence for no absolute prohibition,but address with a sliding scale of share in the first several years. Staff directed to come up with appropriate language; 3)Over time,does the Council wish to maintain an affordable housing stock in the community? Yes. /t was agreed that the amount of housing should not diminish over time. Council Member Roalman stated that he would be comfortable with 100%equity share'and proposed that this be the goal. Mayor Settle recommended that the ordinance be continued for 30-60 days so that staff can address Council concerns and bring back further refinements. Vice Mayor Romero concurred.Steve Nelson suggested that the ad hoc Incluslonary housing committee be reconvened for one meeting to make suggestions. There was no objection by the Council. City Administrative Officer Dunn summarized the Council concerns,as follows: equity share,depletion of affordable housing stock,sliding scale for equity share,potential for fraud,greater requirement on developers of smaller projects,affordability standard for rental housing,and windfall profit after 30 years. Staff will consider these issues as additional refinements to the ordinance are developed, he said. Community Development Director Jonas clarified that some Issues raised tonight will not be addressed by this ordinance but will be included in the housing agreements. ACTION: Moved by Romero/Schwartz to continue the matter and direct staff to make the refinements and bring the matter back; motion carried 5:0. City Council Meeting Page 9 Tuesday, November 10, 1998-7:00 p.m. COMMUNICATIONS Council Member Schwartz reported that he visited nine shopping centers Including the Tustin Market Place, in Tustin,CA. He encouraged other Council Members to make similar visitations to get a feel for the type of center that may resemble the proposed SLO Marketplace. BUSINESS ITEM 2. RAILROAD TRANSPORTATION CENTER CONCEPT PLAN APPROVAL (File No.209- 07) Council considered approving a revised concept plan to reflect direction provided by Council regarding interim use and the old freight house. Public Works Director McCluskey provided the staff report and recommendation. He stated that the next step will be for Council to approve an RFP for plans and specifications. Mayor Settle stated that he is eager to see a future rail component for historical steam locomotives and suggested that an option of extending the track be considered,if It will not Impact the parking. Mayor Settle opened the meeting for public comment. Brad La Rose commented that he and other railroad enthusiasts hope to work with staff to facilitate a small sliver of right of way to extend the track. He stated that while he supports the concept,he fears that the landscape medians are in excess of what is really needed. Steve Devencenzi,SLOCOG,noted that parking is the primary reason for the improvements and explained that making changes at this stage could jeopardize the funding source. Mayor Settle returned discussion to the dais. Additional comments and questions to staff followed. ACTION: Moved by RomeroMilliams to approve the Revised Concept Plan increasing Amtrack parking,decreasing bus parking and retaining the Freight House in its present location; motion carried 5:0. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 11:47 p.m.to Friday,November 13,1998 at 1:30 p.m.In the Counci mber,990 Palm Street,San Luis Obispo. I APPROVED BY COUNCIL: 12115198 LP:dr i Lee 046e,C.M.C. City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 17,1998-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman,Ken Schwartz, Dodie Williams,Vice Mayor Dave Romero,and Mayor Allen K.Settle City Staff: Present: John Dunn,City Administrative Officer;Jeff Jorgensen,City Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City Administrative Officer,Arnold Jonas,Community Development Director, Bill Statler,Finance Director; Ann Slate, Personnel Director; Jim Gardiner,Police Chief; Mike McCluskey, Public Works Director, Paul LeSage, Parks and Recreation Director,Wendy George, Assistant to the CAO; Nell Havlik, Natural Resources Manager,John Mandeville,Long Range Planning Manager,Glen Matteson,Associate Planner PRESENTATION P1. Presentation made of Healthy Cities Special Achievement Award by Vivian Look from the California Healthy Cities and Communities. She recognized the City's Innovative local program,the Prado Day Center,as one of five state awards given. CLOSED SESSION ANNOUNCEMENT City Attorney Jeff Jorgensen reported that Council authorized further negotiations for acquisition of certain Union Pacific Railroad property(APN#003-051-010). PUBLIC COMMENT There were no speakers. CONSENT AGENDA CAO John Dunn stated that C6 has been dropped from the agenda with no set date to return. Council Member Schwartz pulled C7 for comment. Vice Mayor Romero pulled C3 and C5. ACTION: Moved by Williams/Schwartz to approve the consent agenda as recommended by the City Administrative Officer with the exception of C3,C5,C6,C7; motion carried 5:0. Cl. APPLICATION BY THE COUNTY OF SAN LUIS OBISPO FOR GRANT FUNDS FOR THE BISHOP PEAK TRAIL (File No.70406) City Council Meeting Page 2 Tuesday, November 17,1998-7:00 p.m. Council considered a resolution in support of an application by the County of San Luis Obispo for grant funds for the Bishop Peak Trail. ACTION: Moved by Williams/Schwartz to 1)adopt Resolution No.8871 supporting an application by the County of San Luis Obispo for grant monies in the amount of $25,000 from the Recreational Trail Program (RTP)as administered by the California Department of Parks and Recreation,to complete the funding of the Bishop Peak Trail construction; and,2)allocate$10,000 from the General Fund Unappropriated Reserve,as grant matching funds; motion carried 5:0. C2. AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION CHALLENGE GRANT PROGRAM (File No.704-06) Council considered authorizing the application for grant funds from the National Fish and Wildlife Foundation Challenge Grant Program. ACTION: Moved by Williams/Schwartz to approve Resolution No.8872 authorizing staff to complete and submit an application for grant monies In the amount of $176,500 from the National Fish and Wildlife Foundation's Challenge Grant Program, which would be used in support of the acquisition of land on the East Fork of San Luis Obispo Creek, near the Filipponl.property at South Higuera Street; motion carried 5:0. C3. PARKING ON BISHOP STREET NEAR TERRACE HILL (File No.704-06) Council considered approving curb parking along the north side of Bishop Street west of Augusta Street CAO John Dunn stated that neighbors have concerns regarding parking on Bishop Street and suggested consideration of approving parking during the day only. Public Works Director McCluskey commented In support and indicated staff can erect no parking signs that designate no parking dusk to dawn. Public Comment: Anthony Anflatasarea resident,expressed concerns regarding parking and stated that local police don't respond to complaints from the neighbors about noise from student parties. He asked for closer monitoring. Action: Moved by RomeroWilliams to approve the installation of curb parking along the north side of Bishop Street west of Augusta Street as modified with no parking dusk to dawn; motion carried 5:0. C4. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE CITY EMPLOYEES' ASSOCIATION (SLOCEA) (File No.509-02) Council considered approving the Memorandum of Agreement between the City and the City Employees'Association (SLOCEA). ACTION: Moved by Williams/Schwartz to adopt Resolution No.8873 approving the Memorandum of Agreement; motion carried 5:0. City Council Meeting Page 3 Tuesday, November 17,1998-7:00 p.m. C5. REVENUES AND EXPENDITURES FOR DEVELOPMENT IMPACT FEES (File No.412- 10) Council considered receiving and filing annual statements of revenues and expenditures for development impact fees. Vice Mayor Romero expressed concern about the number of projects paid for by transportation impact fees and stated for the record that it is improper to collect traffic impact fees and not use the funds for the proper purpose. These projects should be paid out of the General Fund,he asserted. ACTION: Moved by wlliams/Roalman to receive and file the annual statements; motion carried 5:0. C6. REQUEST FOR PROPOSALS—CAL POLY ANNEXATION FISCAL ANALYSIS (File No. 208-03) Council considered approving a request for proposals(RFP)to evaluate the costs and benefits of annexing Cal Poly. Council Member Schwartz stated he is skeptical about annexing Cal Poly and suggested that City staff first seek approval by Cal Poly President Baker and the Board of Trustees. He voiced disapproval of spending$30,000 to study the issue. CAO Dunn clarified that the agenda item was for fact-finding only and that no action to annex is being recommended at this time. He emphasized that staff is not advocating annexation and reported that the request to postpone the agenda item was made by President Baker to allow Cal Poly to review the issue. Vice Mayor Romero commented that the concept has been around for 30-35 years and exclaimed that it is time to study it in more detail,unless Cal Poly disagrees. ACTION: Moved by Roalman/Wiiliams to continue to work with Cal Poly regarding possible annexation; motion carried 4:1 (Schwartz). C7. REVISION TO THE TRANSIENT OCCUPANCY TAX(TOT)PROGRAM (File No.409-06) Council consideration of implementing a modified version of the Transient Occupancy Tax (TOT)records review program based on Chamber of Commerce suggestions after meetings With the hotellmotel operators. This item was pulled by Council Member Schwartz who commented in opposition to the analysis and proposal. He argued that the City has an obligation to the public to ensure that the revenues generated by the TOT are properly recorded. He voiced disapproval of the benefit analysis idea and proposed another method for analysis be devised. Shelly Stanwvck.Chamber of Commerce, reported that the Chamber worked closely with City staff and the hotel community to develop a good compromise for how to implement the program and added that she believes that it will achieve the goal. Finance Director Staffer summarized the random drawing concept proposed and responded to additional questions from the Council. Council Member Schwartz suggested modifying the process to examine an equal share of small,medium and large-size hotels each year.Council Member Roalman proposed reviewing one-third of the hotels each year for three years. Vice City Council Meeting Page 4 Tuesday,November 17, 1998-7:00 p.m. Mayor Romero recommended that all hotels be examined over a period of four years. Discussion ensued. ACTION: Moved by RoalmanlSchwartz to adopt the staff recommendation with the modification that all motelsihotels be audited within a 3 year period(all 37 audited over the period,twelve in first year,twelve in second and thirteen in third year),with a cost benefit analysis; motion passed 3:2(Settle,Williams). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. LAGUNA LAKE PARK MASTER PLAN (File No.208-02) Council held a public hearing to consider amending the phasing component of the Laguna Lake Park Master Plan and reallocate$50,000 from the Phasing Plan to a design and construction project Parks&Recreation Director Paul LeSasreprovided the staff report and recommendations. Brief Council discussion followed regarding the lake dredging process. It was noted that additional discussion on this topic was scheduled for December 8,1998. Mayor Settle opened the public hearing. Christine Mullholiandtask force member,spoke in support of the recommendation emphasizing that the task force wants to see the dredging accomplished. Implementation of the Park Plan hinges on the dredging,she said,adding that the current recommenda- tions are for what can be done now before dredging. David Chiooina California Native Plant Society, recommended strategic grazing for managing some plants in the area. Phil Ashley commented in support of the recommendation. Mayor Settle closed the public hearing. Council Member Schwartz recommended that the boardwalks be completed as part of this phase. Vice Mayor Romero commented that he believes the first priority should remain the dredging. Parks&Recreation Director LeSaae reported that the projects proposed were selected because the dredging will not have an Impact on them. ACTION: Moved by Williams/Roalman to 1)adopt Resolution No.8874 to approve amending the Phasing Plan of the Laguna Lake Park Master Plan; and,2)approve reallocating the$50,000 designated in the 1997-99 Capital Improvement Program for design of the Laguna Lake Park Master plan,to a$50,000 design and construction project; motion carried 5:0. 2. AMENDMENT TO OPEN SPACE ELEMENT (File No.208-02) Council held a public hearing to consider amending the Open Space Element to redesignate certain plants listed by the California Native Plant Society from sensitive habitat to unique resource. City Council Meeting Page 5 Tuesday, November 17,1998-7:00 p.m. Staff presentation was provided by Lona Rance Planning Manager John Mandeville,Glenn Matteson and Natural Resource Manager Neil Havlik.Cfi►Attorney Jorgensen clarified that the proposal is to shift the category of plants and emphasized that not all instances will require mitigation to take place off site. He said an analysis would be required on a case-try-case basis. Council questions followed. Mayor Settle opened the public hearing. Jan Howell Marx. Council Member-Elect,stated she was representing herself as a member of the public and a planning commissioner who voted in opposition to the staff recommendation. She argued that the proposed ordinance represents a sweeping change to accommodate one developer and, using overhead transparencies,she asserted that the process has not been followed as defined in the policy. Reading from an excerpt of the Open Space Element,she concluded that a standard was set and urged the Council to not lower the standard at this time. Hamish Marshall spoke in support of the ordinance and stated that the tarplant will not be protected without the amendment. Matthew Kennedy, legal counsel for Bank of America(DeVaul Trust),commented that management of the DeVaul property will be best served by approving the amendment and added that if the proposal is not accepted it will negatively impact the property. Shelly Stanwvck.Chamber of Commerce,spoke support of the staff recommendation because it will facilitate a compact urban form for the community. She urged the Council to avoid another hurdle in the tentative airport area annexation process. David Chipping,California Native Plant Society(CNPS),distributed a position paper(filed with the City Clerk)in opposition to lowering the standard of protection and offered some suggested revisions to the ordinance language. He urged the Council to protect the plant in place or look at other alternatives to fully mitigate. Don't apply this standard to every weaker plant, he added. Dr.Chipping answered questions from the Council regarding the tarplant. Phil Ashley,career biologist,shared four concerns: 1)proposed lowering of protection without solid evidence that the plant needs to be protected,2)CNPS does not recognize off site mitigation; 3)Open Space Element is consistent with the Land Use Element; don't lower standard,and 4)Council has authority under CEQA to adopt a statement of overriding considerations. He urged the Council to use a project-by-project mechanism, but not to reduce the standard. Andrew Merriam remarked that the planning community deserves a flexible standard to create the proper community balance. He encouraged a pragmatic approach with an opportunity for the public to comment. David Jeffrey,planning commissioner,spoke in favor of the draft ordinance arguing that it does not lower the bar but raises it. John French put the regulation in perspective to others. If 1994 plan is expected to be met, the staff recommendation is a good one. Accept it and go forward, he concluded. Mayor Settle closed the public hearing. City Council Meeting Page 6 Tuesday,November 17,1998-7:00 p.m. Staff and Council comments followed. Council Member Roalman suggested that an additional box be added to the flow chart in the Open Space Element(page 36) Incorporating language as suggested by Dr.Chipping: "Species protected In "sensitive habitat"may be subject to alternative management strategies,such as ex-situ conservation, only when there Is compelling environmental advantage to adopt such strategies. Alternative management strategies shall not contribute to the decline of a species,and take of a protected species shall be mitigated." Staff noted that the recommendation presented by Dr.Chipping is broader than what staff Is recommending. Vice Mayor Romero indicated he was not in favor of suggestions made by Dr. Chipping. He noted that he does, however,agree that the City cannot protect the plant in small pockets. Council Member Williams agreed and urged sensitivity to the plant where and when possible. Council Member Roalman remarked that he would support a motion to move the CNPS- listed plants from sensitive to unique with a statement that there must be a compelling advantage for relocation. Mayor Settle argued that"compelling environmental advantage" is hard to measure. Council Member Roalman agreed to drop the word"compelling". Council Member Schwartz spoke In favor of approving the recommendation as presented and noted that revisions can be made later,as needed. Mayor Settle agreed. ACTION: Moved by Williams/Romero to adopt Resolution No.8875 to approve a negative declaration of environmental Impact and to amend the Open Space Element,so certain types of plants listed by the California Native Plant Society,but not by State or Federal endangered species laws,can be protected on or off any proposed development sites where they may be found,rather than only at their observed locations within such sites; motion passed 4:1 (Roalman) COMMUNICATIONS Mayor Settle informed the Council of an opportunity to view mitigation made in the San Luis Creek and proposed that the Council tour the creek stabilization project Council agreed to meet on Tuesday,November 241h at 3:00 p.m.to tour the project Vice Mayor Romero asked staff to create a task force to work with the Downtown Association to formulate recommendations and actions to improve current negative situations occurring during Farmers'Market and late evening hours on weekends. The City Administrative Officer agreed to return with an update and recommendation. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 10:59 p.m.to Tuesday,December 1,1998 at 7:00 p.m.in the Council Chamber,990 Palm Street,San Luis Obispo. City Council Meeting Page 7 Tuesday, November 17,1998-7:00 p.m. APPROVED BY COUNCIL: 12/15/98 LP:dr Lee Price,C.M.C. City Clerk M I N UT E SCOUNCIL REGULAR MEETING OF THE CITY CITY OF SAN LUIS 081SP000 P.M. TUESDAY,DECEMBER 1,1998-7. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLA die Williams,Ken Schwartz+Vice Council Members Council Members Bill a d(man DoMayor Allen K.Settle Present: Mayor Dave Romero; City Staff: Jeff Jorgensen,City Ci Administrative Officer; Ken Hampian,Assistant Cement John Dunn,city Clerk; Community Develop present: Attorney;Lee Price City Arnold Jonas, tiv®Officer;A Chief;John M°�t Utilities Director; Administra Paul LeSage,Parks and Director,Bob Neumann,Firs Direct°r+ Mike McCluskey,Public Works late,Personnel Director Recreation Director; and Ann PUBLIC COMMENT There were no speakers. INSTALLpT►0 CEREMONY File No.702-01) RESOLUTION DECL ING ELECTIONember RESULTS( 1998. ov 1. d the results of the General Municipal Election held o 6876 declaring the Council considers t Resolution ACTION: Moved by WillramslRoal eaA I O adopt otion cam N AND DODIE results of the election;m 2 ARES ENTATiONS TO OUTGOING COUNCIL MEMBERS BILL ROAL with WILD Bill Roalrrman and Dodie Willarrrs outgoing Council Members of San LUIS Obispo- ,le presented outg reci OU11 for their service to the City ents and lits and proclamations in appreciation pp pill individual Parting OOmm 9 Williams and Roaltoff and the community. pile No. Council Members ues, expressed apprsciation to colleag OFFICE TO MAYOR-ELECT AND COUNCIL MEMBERS-ELECT 3 OATHS OF OII IF or Allen K. 301-08) ice to May resented to ACTION: Ci Clerk Lee Price administeredhn Ewan and Jan Howe Mai + and p Settle and new Council Members each a Certificate of Election. Supporters' Council MembersMars and Ewan thanked family and City Council Meeting Page 2 Tuesday, December 1, 1998-7:00 p.m. Mayor Settle adjourned the meeting at 7:26 p.m.to a reception for new and out-going Council Members. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 7:26 p.m.to Tuesday,December 8,1998 at 7:00 p.m.in the Counc' amber,990 Palm Street,San Luis Obispo. APPROVED BY COUNCIL: 115/99 LP:dr Lee Price,C.M.C. City Clerk MEMORA E ANDUM 'N /39� �M#� e_ Date: 12/11/98 To: Mayor& Members of the City Council From: Lee Price, City Clerk RE: Revised Minutes for 11/10/98 and 11/17/98 I have made some revisions to the above and would,therefore, request that you approve the Minutes for both meetings as amended. TO summarize: 11/10/98: Page 4 Corrected word: change"progress"to"process" Pages 6-7 For greater clarity, expanded John French's comments and Council discussion re: the Inclusionary Housing Ordinance 11/17/98: Page 6 - Added a word left out="environmental" Deleted language-sgiekem Added language - "ghligh F �DIR❑FIN DIR0 FIRE CH'HDPW DIR[]POLICE CHF 0 RTC DIRp UTIL DIR 0 PERS DIR City Council Meeting Page 4 l Tuesday, November 10,1998-7:00 p.m. C11. LAND ACQUISITION AT 893 MARSH STREET (File No.704-06) Council considered purchasing the Post Office parking lot property at 893 Marsh Street. Ira Winn spoke in opposition to the proposed parking lot because he believes it will result in an increase in traffic in the downtown. Bill Storm spoke in support of the acquisition of the property and commented that there is a need for additional parking in the downtown due to the fact that the existing garage is always full. Brian Christensen asked If there was a contingency provision in the contract. He expressed concern that this is not a prudent use of City funds because the impact has not been fully studied. Mike Spangler,Chair of the Downtown Association Parking Committee,spoke in support of the acquisition.He complimented the staff in their success with negotiating a deal with the federal government and further stated that it Is important to move on for the survival of the pedestrian-oriented downtown. Gary Fowler stated that he is opposed to the sale because of a concern that the post office will eventually move out of the downtown. He recommended that the matter be held over until the new Council takes office. Deborah Holley.Downtown Association Administrator,stated that she knows the value of the post office downtown and that many downtown merchants are looking forward with great anticipation to the pregre &� She stated that it would be a travesty to drop it or back down,that parking is at a premium and vital to the downtown. On behalf of the 650 businesses in the downtown,she urged approval. Joe Delucia.San Luis Obispo,concurred with others in support. As a downtown business owner,he strongly supports the acquisition to keep downtown viable. —end of public testimony— Staff responded to additional questions from the Council. ACTION: Moved by Romero/Schwartz to 1)authorize the purchase of property located at the rear of 893 Marsh Street for$350,000; 2)authorize an agreement for services between the City and United States Postal Service; and,3)authorize the CAO to sign purchase documents and the deed; motion carried 4:1 (Roalman). C12. PARTICIPATION IN COUNTY-WIDE DUI REDUCTION PROGRAM(File No.1301-02) Council considered participation in a county-wide law enforcement grant to reduce DUI accidents during the 1998 holiday season. ACTION: Moved by Williams/Roalman to adopt Resolution No.8870 agreeing to participate in the(San Luis Obispo County Plays It Safe)SLOCOPS grant; motion carried 5:0. City Council Meeting Page 8 Tuesday, November 10, 1998-7:00 p.m. City,since it has not yet produced any affordable units to date. In response to inquiry from the Council,Mr. Moylan remarked that the Housing Authority is Interested in discussing with staff the possibility of contracting with the City to implement the program and reported that payment for that service would be negotiated as either a flat or half-point fee to cover costs of processing. Mayor Settle closed the public hearing. Council discussion followed. Council Member Roalman expressed concern that with such a small down and the potential for a huge windfall,the program might not be in the City's best interest. He added that he foresees this program to be staff-intensive to monitor and prevent fraud. Vice Mayor Romero reiterated concerns regarding potential fraud and argued that the City and developers will pay a portion of the subsidy. He noted that City policies to-date have discouraged success of the existing program and though he is not convinced that this ordinance will solve the problems, he believes it is a good start. He recommended that mechanics of the program be worked out In detail and spoke in support of contracting with the Housing Authority to administer and enforce the program. Council Member Williams spoke in favor of the program and stated that there is a need to establish Incentives to make the program successful. She agreed with entering into a contractual arrangement with the Housing Authority to administer the program. Community Development Director Jonas asked for Input on key Issues raised by the Council: 1) Does the Council want all for-sale housing to participate in a shared equity rshall" es. Community Development.Director.Jonas suggested that the word anged to"may' in.SLOMC$ectton 17.91.130 as it relates to eligtbitity ouncil supported flexibllify;staff will review the Code and comendatlon formodiflcatlons 2) How does Council wish to address issues of"early"sale? Concurrence for no absolute prohibition, but address with a sliding scale of�share in the first several yea , with the Cif y Share larged early ori Staff directed to come up with appropriate language. 3)Over time,does the Council wish to maintain an affordable housing stock in the community? Yes. h was agreed that the amount of ordabl housing should not diminish over tiro and that some device.such as a"multiplier" (as proposed b ommittee.member John French.be considered to achieve that goal. Council Member Roalman stated that he would be comfortable with 100%equity share and proposed that this be the goal. Mayor Settle recommended that the ordinance be continued for 30-60 days so that staff can address Council concerns and bring back further refinements. Vice Mayor Romero concurred.Steve Nelson suggested that the ad hoc inclusionary housing committee be reconvened for one meeting to make suggestions. There was no objection by the Council. City Administrative Officer Dunn summarized the Council concerns,as follows: equity share,depletion of affordable housing stock,sliding scale for equity share, potential for City Council Meeting Page 7 E Tuesday, November 10, 1998-7:00 p.m. PUBLIC HEARING 1. INCLUSIONARY HOUSING COMMITTEE REPORT(File No.208-02) Council held a public hearing to consider an ordinance implementing the Inclusionary Housing Program of the City's General Plan Housing Element. Associate Planner Hook provided the background and staff recommendation. Council questions and comments followed. Vice Mayor Romero voiced concerns regarding the potential for fraud. Mayor Settle opened the public hearing. Mary Whittlesey,ad hoc inclusionary housing committee member, provided some background from the committee perspective and noted that not all the details were completely worked. Jan Howell Marx,Council Member-Elect,commended staff for their analysis and pointed out the importance of providing affordable housing. She remarked that some of the aspects of the program proposed may drive up costs for construction, especially for smaller projects,and voiced concern that guidelines have not been adequately established. She urged the Council to direct staff to do more work on the ordinance before it is enacted. Steve Devencenzi.SLOCOG,spoke in support of the program. He noted that in 1991 the regional fair share housing allocation plan was adopted and reported that the state has now started providing funding. Steve Nelson.Chairperson of the ad hoc inclusionary housing committee,spoke in support of the draft ordinance and addressed points relating to the proposed shared equity program. John French,ad hoc ommittee mamber,also spoke in support of the program and remarked that the ordinance is only one tool to meet the obligation of creating homes for people who live and work in San Luis Obispo. He commented that he would not limit the percentage, but rather limit the ratio of the equity. a suggest'ed:that a solution might be LIeave allow 20,25 or 50 percent to participate in the equity sharing program,which would not the City's equity share constan but create a buffer of rowth that would allow the ty's share to grow at a_faster ratef He urged adoption or direction to staff to bring back refinements. Betty Woolslaver voiced support for the program and noted that the ad hoc committee always intended that it would be the Housing Authority or Peoples Self-Help Housing to deal with some of the issues regarding eligibility,etc. The intent of shared equity is to focus on homes to be occupied by owner she added. Charlie Senn, Planning Commission Chair, urged the Council to not get hung up on the details of the program but to continue to move it along. He said that if modifications are needed,staff or the Housing Authority can bring back a request to change the ordinance. He also encouraged the Council not to put a cap on how long the home must be owned before it can be sold. George Movlan, Housing Authority,spoke in support of the ordinance and pointed out that the specifics of the program will be in the negotiated agreement with the developer and the purchase agreement with the buyer. He added that the ordinance is a good start for the City Council Meeting Page 6 Tuesday,November 17, 1998-7:00 p.m. Staff and Council comments followed. Council Member Roalman suggested that an additional box be added to the flow chart in the Open Space Element(page 36)incorporating language as suggested by Dr.Chipping: "Species protected in "sensitive habitat" may be subject to alternative management strategies,such as ex-situ conservation,only when there is compelling environmental advantage to adopt such strategies. Alternative management strategies shall not contribute to the decline of a species,and take of a protected species shall be mitigated." Staff noted that the recommendation presented by Dr.Chipping is broader than what staff Is recommending. Vice Mayor Romero indicated he was not in favor of suggestions made by Dr.Chipping. He noted that he does, however,agree that the City cannot protect the plant in small pockets. Council Member Williams agreed and urged sensitivity to the plant where and when possible. Council Member Roalman remarked that he would support a motion to move the CNPS- listed plants from sensitive to unique with a statement that there must be a compelling nvlronme to advantage for relocation. Mayor Settle argued that"compelling environmental advantage" is hard to measure. Council Member Roalman agreed to drop the word "compelling". Council Member Schwartz spoke in favor of approving the recommendation as presented and noted that revisions can be made later,as needed. Mayor Settle agreed. ACTION: Moved by Williams/Romero to adopt Resolution No.8875 to approve a negative declaration of environmental impact and to amend the Open Space Element,so certain types of plants listed by the California Native Plant Society, but not by State or Federal endangered species laws,can be protected on or off any proposed development sites where they may be found, rather than only at their observed locations within such sites; motion passed 4:1 (Roalman) COMMUNICATIONS Mayor Settle informed the Council of an opportunity to view mitigation made in the San Luis Creek and proposed that the Council tour the creek stabiltration project. Council agreed to meet on Tuesday,November 24"'at 3:00 p.m.to tour the project Vice Mayor Romero asked staff to create a task force to work with the Downtown Association to formulate recommendations and actions to improve current negative situations occurring during Farmers'Market and late evening hours on weekends. The City Administrative Officer agreed to return with an update and recommendation. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 10:59 p.m.to Tuesday,December 1, 1998 at 7:00 p.m.in the Council Chamber,990 Palm Street,San Luis Obispo.