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HomeMy WebLinkAbout05/18/1999, C1 - MINUTES MEETING AGENDA MINUTES DATE REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,APRIL 20, 1999-4:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA The meeting,having been noticed to begin at 4:00 P.M.,was called to order by City Clerk Price. There being no regular business item and no Council Members present,the Clerk adjourned to 5:30 P.M. ROLL CALL-5:30 P.M: Council Members: Present: Council Members John Ewan,Jan Howell Marx,Ken Schwartz,Vice Mayor Dave Romero, and Mayor Allen K.Settle Absent: None City Staff: Present: John Dunn,City Administrative Officer, Jeff Jorgensen,City Attorney; Mary Kopecky,Assistant City Clerk; Ken Hamplan, Assistant City Administrative Officer, Arnold Jonas,Community Development Director; Bill Statler, Finance Director, Bob Neumann, Fire Chief; John Moss,Utilities Director, Mike McCluskey,Public Works Director, Paul LeSage, Parks and Recreation Director,Wendy George,Assistant to the CAO;John Shoals,Associate Planner, and Karen Jenny, Risk Manager CONSENT AGENDA Staff requested that Item#C1 be continued to May 4,1999. Council Member Schwartz pulled Items#C2 and#C3 for discussion. ACTION: Moved by Romero/Schwartz to approve the consent agenda as recommended by the City Administrative Officer,with the exception of Items#C2 and#C3; motion carried 5:0. C1. COUNCIL MINUTES,APRIL 6. 1999. ACTION: Continued to May 4, 1999. C2. FINAL PASSAGE OF ORDINANCE NO.1350 REZONING: 1150 LAUREL LANE (ATOLL HOLDINGS). (File No. 201-05) Council Member Schwartz indicated objection to the rezoning and voiced concern that the office space will be leased by County or other governmental agencies. He suggested an amendment to the ordinance that would prohibit that kind of use. C1-1 City Council Meeting Page 2 Tuesday,April 20,1999-0:30 p.m. Council Member Marx concurred. City Attorney Jorgensen noted that changes in the ordinance would require reintroducing the ordinance at a subsequent meeting. Community Development Director Jonas reminded Council there were only two choices before them: 1)approve or 2) deny. ACTION: Moved by Schwartz/Marx to deny final passage to Ordinance No. 1350. Motion failed 2:3(Ewan, Romero,Settle). ACTION: Moved by Romero/Ewan to accept the CAO Recommendation to grant final passage to Ordinance No. 1350,approving a Negative Declaration with Mitigation Measures, and amending the zoning map from M(Manufacturing)to M-MU (Manufacturing-Mixed Use)for property located at 1150 Laurel Lane, based on findings; motion carried 3:2(Marx,Schwartz). C3. FINAL PASSAGE OF ORDINANCE NO.1351 REZONING: 3450 BROAD STREET (ACACIA CREEK LLC). (File No.203-05) Council Member Schwartz suggested that Condition#8 to be changed to read, "Offices of any County agency shall not be permitted. Exception: County offices may be permitted in cases of emergency or in cases when the County is vacating offices in the tri-polar area to allow for the construction of a new building or the renovation of an existing building. Such exceptions shall be for a non-renewable period of 18 months maximum." Vice Mayor Romero objected. Council Member Schwartz made a motion to change Condition#8 in Ordinance No. 1351. The motion failed due to the lack of a second. ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No.1351. approving a Negative Declaration and amending the zoning map from CSS (Service-Commercial with the Special Consideration overlay zoning )to CSS-PD (Service-Commercial with the Special Consideration and Planned Development overlay zoning); motion carried 4:1 (Schwartz). C4. SET DATE FOR APPEAL OF SIDEWALK IMPROVEMENTS: 1480 ELLA STREET (continued from January 19. 1999). (File No.201-11) Council Member Ewan stepped down due to a possible conflict of interest because the project is near his personal residence. ACTION: Moved by Romero/Schwartz to set continued hearing on the appeal of sidewalk improvement requirements for 1480 Ella Street to May 18,1999; motion carried 4:0(Ewan refrained). Council Member Ewan returned to the dais. C1.2 City Council Meeting Page 3 Tuesday,April 20, 1999-6:30 p.m. C5. RESOLUTION OPPOSING PACIFIC BELL'S 411 RATE INCREASE. (File No.70406) ACTION: Moved by Romero/Schwartz to adopt Resolution No.8920 opposing Pacific Bell's 411 rate increase and submit it to the California Public Utilities Commission; motion carried 5:0. C6. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS. (File No.509-06) ACTION: Moved by Romero/Schwartz to 1)adopt Resolution No.8921 adjusting annual salary and other benefits of the City Administrative Officer. 2) Adopt Resolution No.8922 adjusting annual salary and other benefits of the City Attorney; motion carried 5:0. C7. AUTHORIZATION OF CITY CONTRIBUTION TO AN OFF-LEASH DOG PARK. (File No.70406) ACTION: Moved by Romero/Schwartz to 1)authorize a contribution,from existing funds,of$5,000 to the SLO-4-PUP's organization for the purpose of assisting in the construction of an off-leash dog area at EI Chorro Park. 2) Direct the City Administrative Officer to execute a formal agreement with SLO-0-PUP's that includes a provision that City funds will not be dispersed until the project is fully funded and ready to proceed to construction; motion carried 5:0. C8. PURCHASE OF PARKING METER HOUSINGS. (File No.70406) ACTION: Moved by Romero/Schwartz to approve specifications for purchase of parking meter housings,authorize soliciting of bids and authorize contract award by the City Administrative Officer if the lowest responsible bid is within the engineer's cost estimate of$54,000; motion carried 5:0. C9. IMPLEMENTATION OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES'RETIREMENT SYSTEM(PERS)AS ADDITIONAL COMPENSATION FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523. (File No.509-03) ACTION: Moved by Romero/Schwartz to adopt Resolution No.8923 approving the reporting of the value of Employer Paid Member Contributions to PERS as additional compensation for the International Association of Firefighters, Local 3523; motion carried 5:0. C10. GUIDETTI PROPERTY PURCHASE-RAILROAD TRANSPORTATION CENTER. (File No.704-06) ACTION: Moved by Romero/Schwartz to 1)authorize the purchase of property from Joseph Guidetti for the Railroad Transportation Center in the amount of$227,000. 2) Authorize the City Administrative Officer to sign purchase documents and the deed; motion carried 5:0. Mayor Settle called a recess. The meeting reconvened at 7:00 p.m. C1-3 City Council Meeting Page 4 Tuesday,April 20,1999-0:30 p.m. PRESENTATION RECOGNITION OF EMPLOYEE APPRECIATION WEEK. Mayor Settle recognized and extended appreciation to the employees of the City of San Luis Obispo. He proclaimed the week of April 19'""Employee Appreciation Week." PUBLIC COMMENT Rick Fabrick commented in support of a recent recommendation by the Human Relations Commission to add an anti-discrimination clause to the City Charter. Elizabeth Bruner,Cal Poly student and instructor,voiced concerns regarding public bus service. She believes bus service has declined during the last six months. She has noticed tension between managers and dispatchers. She has observed wheelchair riders are often unable to board the buses because the lifts are not working properly. She asked Council to investigate. COUNCIL LIAISON REPORTS Vice Mayor Romero submitted a report on the last SLOCOG meeting. He reported on the progress of the Cuesta Grade Project. The approved SLOCOG budget has allocated money for widening South Higuera. The SLOCOG board also approved a priority list for future State Transportation Improvement Plans(SIP). Additionally SLOCOG will be moving ahead with a project to install call boxes on Route 166. Vice Mayor Romero reminded Council about the upcoming meeting of the League of California City Channel Counties Division on Friday,April 23, 1999 in Santa Barbara. Council Member Schwartz reported on the League of California Cities Revenue and Taxation Policy(R&T)Committee. The committee meeting reviewed the proposed Police, Fire and Local Government Funding Initiative and also the 1999 Work Program Priorities. Council Member Marx reported that the County Resources Advisory Committee is looking for larger space and has recently employed a new consultant. PUBLIC HEARINGS 2. PLANNED DEVELOPMENT AND TRACT MAPIDEVELOPMENT PLAN APPROVAL: 915 EL CAPITAN (GEARHART)(continued from March Z 1999). (File No.203-05) Associate Planner Shoals provided an overview of the staff report. Mayor Settle opened the public hearing. Doug Davidson.Cannon and Associates,gave an overview of the project. In response to inquiry from Council he assured Council that a light vehicle could drive there. Council Member Schwartz wanted assurance that a vehicle could get over the bridge to provide maintenance access for the open space area. Mayor Settle closed the public hearing. C1-4 City Council Meeting Page 5 Tuesday,April 20, 1999-5:30 p.m. Vice Mayor Romero proposed that the path be large enough to accommodate a one-ton pick up truck to remove fallen trees and he requested that staff meet with the applicant to address this issue. He noted that staff has modified the project to include decomposed granite. ACTION: Moved by Romero/Ewan 1)Introduce to print Ordinance No.1352(with an amendment to condition one deleting the words"decomposed granite"as an alternative paving material from Section Three)approving a Mitigated Negative Declaration of environmental impact approving,with amended findings and conditions,the revised planned development and PD rezoning. 2) Adopt Resolution No.8924 approving a Mitigated Negative Declaration and approving,with amended findings and conditions,the revised vesting tentative tract map to take effect on the effective date of the PD rezoning; motion carried 5:0. 3. APPEAL OF A LOT LINE ADJUSTMENT AT 1704 AND 1708 BROAD STREET (HOWARD CARROLL.APPLICANT/APPELLANTI. (File No.2014 1) Associate Planner Shoals presented the staff report. He reported that there were two issues before Council,the relocation of the utilities and the common parking. Mayor Settle opened the public hearing. Howard Carroll,applicant/appellant,noted that the issue with the easement has been resolved,however,the parking requirement is still unacceptable. He argued that two trees would be lost and spoke in support of the appeal. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Romero to adopt Resolution No.8925 denying the appeal and upholding the Community Development Director's action on the project with the following amendments: 1) Condition 2, Section 2 deleted. 2) Condition 3 modified to add the language"...or appropriate easements granted..."; motion carried 5:0. COMMUNICATIONS Council Member Marx suggested some revisions to the Community Development Block Grant(CDBG)process. City Administrative Officer Dunn reported that the current process is working well, but suggested that staff can review the process. After discussion Council referred this matter back to staff for further analysis with direction to return to Council at a later date. Council Member Marx reported that she was recently contacted by Huel Howser who is planning to produce a television show about the Morros. City Administrative Officer Dunn suggested Neil Havlik and Paul LeSage as resources to assist her with this project. Council Member Marx inquired about the Boy Scouts of America(BSA)Issue. Mayor Settle indicated that the City has been talking with representatives from BSA. The matter will be coming forward for discussion In the future. C1-5 City Council Meeting Page 6 Tuesday,April 20,1999-0:30 p.m. BUSINESS ITEM 4. SAN LUIS MARKETPLACE ECONOMIC STUDY AND FOLLOW-UP. (File No.202-03) Assistant Cfi►Administrative Officer Hampian_and Finance Director Staffer presented the staff report Allan Kotin,of PCR Kotin,presented an overview of the San Luis Marketplace Economic Study. Andrew Merriam.project representative,presented a history of the property and the project Mayor Settle opened the meeting for public comment Howard Carroll,2175 Biddle Ranch Road,voiced support for the project because he believes that the City must remain economically competitive. Bill Birddeveloper,reported that the Target stores have been involved with this project from the beginning, have invested over$100,000 to-late,and consider the site as their primary choice. He indicated that Sears Is also supportive of this project Shelly Stanwick, Director of Governmental Affairs for the Chamber of Commerce, reported that the Chamber supports the CAO recommendation. The following individuals voiced opposition for the project: Christine Mullholland.Susan Amerikaner.Ray Belknap,Dave Hafemeister,Ella Honevcutt,Holley Zienler.Steve Eabrv.Jan Beatty Mary Beth Schroeder,Sara Christie, Pat Veesart,Judy Neuhauser,Ira Winn,Richard Kransdort,Chuck Lone.Steve McGrath.Oval Osborne.Pete Evans.Jim Lopes,Anthony Whalis.Richard Schmidt and Tim Plumb. The following individuals spoke In favor of the project: Bill Thoma,Joe DeLucia,and Jack Cashin. Council took a break at 10:05 p.m.and resumed at 10:15 p.m. Project representatives,Bill Bird and Andrew Merriam provided rebuttal comments. Then Allan Kotin responded to the public comments. Andy Trackman, MBA Real Estate representative for the Central Coast Plaza, informed Council that the owners were currently redeveloping the property. Dave Hoffineister shared concerns with the content of the Kotin report. Mayor Settle returned the discussion to the dais. Council Member Ewan voiced concerns relating to lost sales and the proper location for retail. He expressed opposition to under writing the overpass and concluded this project does not have community support Council Member Marx concurred. She shared concerns that the project would Impact the viewshed and Impose upon prime agricultural land. Additionally,she was wary because this project was located in an airport area on a site where two plane crashes have occurred. She noted that the flood hazard zone of this site would be made worse If the land was paved. She was also fearful of possible subsidence,poor air quality,and the existence of a former Chumash settlement on the site. She viewed the project as pedestrian unfriendly and very car oriented. C1-6 City Council Meeting Page 7 Tuesday,April 20, 1999-6:30 p.m. Vice Mayor Romero expressed support for the project because it can accommodate a large commercial business near the freeway. He pointed out that the only Issue for consideration at this time is the economic impact this project will have on the City. He noted that he supports the project because a portion of the revenue gained from the project will be used to pay for the freeway Interchange,thereby resolving some current traffic problems. Vice Mayor Romero voiced concern that denial of the project would result in withdrawal of the annexation application causing substantial lost tax revenues. He cautioned that the City can only control the use of this property if Council votes to continue. In addition he stated that denial of this project may send a message to future developers that the City does not support large developments. Council Member Schwartz was supportive of the project because the economic character of the City has changed over many years to the point where the community has evolved to the marketplace. Although he did not agree with the General Plan and did not like the amount of funding the City might be required to rebate to build the interchange,he was convinced that the City needed to move forward with the MOU. Council Member Schwartz observed that since the passage of Proposition 13,local governments have come to rely upon sales tax revenues. He stated that he sees little alternatives for other sources of funding. Mayor Settle spoke in support of the General Plan and perceives that the community does not support the project; he believes the Council should proceed with negotiating a development agreement. Moved by Romero/Schwartz to: 1) Reaffirm the General Plan concept of allowing some commercial and residential development on the property in exchange for permanent open space protection. 2) Direct staff to negotiate a Memorandum of Understanding(MOU)with the project applicant outlining the basic principles for an eventual development agreement, including that the City will negotiate a performance based sales tax sharing agreement. 3) Authorize staff to use the services of Allan Kotin to represent the City In the MOU negotiations,with the cost of this service to be paid by the developer,with the option of reimbursement from future bond proceeds. 4) If MOU negotiations cannot be successfully concluded within 90 days,direct staff to return to Council for further direction; motion carried (3:2, Ewan, Marx). There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 12:10 A.M.to Tuesday,April 27,1999 at 7:00 p.m.in the Library Community Room, 990 Palm Street,San Luis Obispo,for a joint meeting of the City Council, the Planning Commission and the Architectural Review Commission. APPROVED BY COUNCIL- 5/18/99 MK-dr Mary(Kopepq Assistant City Clerk C1-7 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 4, 1999-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Ken Schwartz,ice 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, Human Resources Director,Jim Gardiner,Police Chief; Bob Neumann,Fire Chief,John Moss,Utilities Director, Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director;Wendy George,Assistant to the CAO; Jeff Hook,Associate Planner; Terry Sanville, Transportation Planner; Keith Opalesky, Parking Manager CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: Cheda Survivors Family Trust Property 1095 Marsh Street Negotiating Parties: City of San Luis Obispo: John Dunn Property Owner Representatives: Chris Guenther, Esq. Negotiation: Whether to Proceed with Negotiations City Attorney Jorgensen announced that there was no action taken. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: Ayers'Property on South Higuera Street at Highway 101 C1-8 City Council Meeting Page 2 Tuesday, May 4,1999-7:00 p.m. Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representative: Jan Ayers Negotiation: Whether to Proceed with Negotiations City Attorney Jorgensen announced Council authorized further negotiations. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: Damon-Garcia Property (Broad Street) Negotiating Parties: City of San Luis Obispo: Paul LeSage Property Owner Representative: John French Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen announced Council authorized further negotiations. CONFERENCE REGARDING LABOR NEGOTIATIONS Pursuant to Government Code§54957.6 Agency Negotiator: Ann Slate Employee Organization: (All Bargaining Units) City Attorney Jorgensen announced Council authorized further negotiations. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: 1023 Chorro Street Negotiating Parties: City of San Luis Obispo: John Dunn Property Owner Representative: Stan Clinton Negotiation: Whether to Proceed with Negotiations City Attorney Jorgensen announced Council declined further negotiations. C1-9 City Council Meeting Page 3 Tuesday, May 4, 1999-7:00 p.m. PRESENTATION PROCLAMATION FOR WATER AWARENESS MONTH AND BRIEF STAFF PRESENTATION REGARDING NEWLY DEVELOPED SCHOOL WATER EDUCATION PROGRAM. Utilities Director Moss introduced Consultant Mike de Milo and students from Marley Schmidt's 4'hgrade class from Pacheco School, who demonstrated the water cycle"puzzle" representing water use,treatment,conservation and reclamation. Mayor Settle read and presented the proclamation for"Water Awareness Month"to Utilities Director Moss. PUBLIC COMMENT There were no public comments regarding items not on the agenda. Received later in the evening: Evelyn Talmage submitted a conceptual plan for the Johnson Avenue"death corridor"and shared concern regarding pending plans for affordable housing. City Administrator Dunn reported that staff will check on the status of the Housing Authority project and on safety concerns on Johnson Ave. CONSENT AGENDA Brett Cross. 1217 Mariners Cove,spoke in opposition to Item#C8. He commented that he has never observed any steelhead trout in Laguna Lake and voiced concerns that staff may be attempting to get"free"grant funds. Natural Resources Manager Havlik reported that he himself and others have observed the fish in the waters and assured the Council that the staff recommendation is part of a comprehensive effort. ACTION: Moved by Ewan/Romero to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. COUNCIL MINUTES April 6,1999 (continued from April 20,1999) April 19, 1999 ACTION: Moved by Ewan/Romero to waive oral reading and approve minutes as amended; motion carred 5:0. C2. FINAL PASSAGE OF ORDINANCE NO.1352 FOR THE GEARHART PLANNED DEVELOPMENT: 915 EL CAPITAN. (File No.203-05) ACTION: Moved by Ewan/Romero to grant final passage to Ordinance No. 1352; motion carried 5:0. C3. CONDUIT SHARING AGREEMENT WITH ZIATECH. (File No.704-06) ACTION:•Moved by Ewan/Romero to approve an agreement with Ziatech Corporation for the use of City conduit in exchange for their Installing fiber between the Headquarters Fire Station and Fire Station 3; motion carried 5:0. C1-10 City Council Meeting Page 4 Tuesday, May 4, 1999-7:00 p.m. C4. APPLICATION TO STATE DEPARTMENT OF EDUCATION FOR ENVIRONMENTAL EDUCATION GRANT.(File No. 1108-02) ACTION: Moved by Ewan/Romero to adopt Resolution No.8926 granting approval for the City of San Luis Obispo to submit an environmental education grant application to the State Department of Education, Office of Environmental Education; motion carried 5:0. C5. ABOVE-GROUND FUEL STORAGE TANKS. (File No.704-06) ACTION: Moved by Ewan/Romero to 1)approve Specification No.90018 to solicit bids for two 12,000 gallon above-ground fuel storage tanks for the Corporation Yard: one for the storage/dispensing of gasoline and the other tank a (7/5K Split) for the storageldispensing of gasoline and diesel fuels. 2)Authorize the City Administrative Officer to award the contract if it Is within the project's budget of $80,000; motion carried 5:0. C6. STREET RECONSTRUCTIONIRESURFACING-SPRING 1999.(File No.704-06) ACTION: Moved by Ewan/Romero to 1)approve plans and specifications for"Street Resurfacing-Spring 1999." 2)Authorize staff to advertise for bids for Street Reconstruction/Resurfacing -Spring 1999"and authorize the City Administrative Officer to award the contract if the lowest responsible bid Is within budget; motion carried 5:0. C7. FIRST NIGHT COSPONSORSHIP. (File No 1104-01) Moved by Ewan/Romero to 1)approve City co-sponsorship of the 1999 First Night Celebration with the understanding that the planning,funding, and management of the event is the responsibility of the First Night of San Luis Obispo organization. 2) Authorize the First Night San Luis Obispo organization to use the Council Chamber on December 31, 1999; motion carried 5:0. C8. APPLICATION FOR ENVIRONMENTAL GRANT PROGRAM FUNDS FROM THE STATE OF CALIFORNIA'S SALMON AND STEELHEAD TROUT RESTORATION ACCOUNT. (File No.704-06) ACTION: Moved by Ewan/Romero to adopt Resolution No.8927 authorizing staff to complete and submit an application for grant funds from the State of California's Salmon and Steelhead Trout Restoration Account(SSTRA) in the amount of $60,000,which would be used to construct aids to fish passage over existing barriers in Prefumo Creek at the Laguna Lake Golf Course; motion carried 5:0. CO. ACQUISITION OF TEMPORARY EASEMENTS AND PROPOSAL FOR ENVIRONMENTAL MONITORING FOR THE SANTA ROSA STREET BRIDGE RECONSTRUCTION PROJECT. (File No.704-06) ACTION: Moved by Ewan/Romero to 1)adopt Resolution No.8928 accepting right- of-way agreements for temporary construction easements needed for the bridge replacement at Santa Rosa Street. 2) Authorize the Director of Public Works to sign the right-of-way agreements on behalf of the City. 3) Direct the Finance Department to Issue checks to the individuals in accordance with the right-of-way agreements. 4) Approve the Request for Proposals for Environmental Monitoring and authorize the staff to distribute the request. 5) Authorize the City Administrative Officer to C1-11 City Council Meeting Page 5 Tuesday,May 4, 1999-7:00 p.m. award the contract for Environmental Monitoring not to exceed$40,000. 6) Appropriate$8,000 from the unappropriated balance of the General Fund and $32,000 in grant revenue and move it to the Santa Rosa Street Bridge construction account for environmental monitoring; motion carried 5:0. C10. ANDREWS-CONEJO STORM DRAINAGE IMPROVEMENTS. (File No.704-06) ACTION: Moved by Ewan/Romero to 1)approve plans and specifications for "Andrews/Conejo Storm Drainage Improvements." 2) Authorize staff to advertise for bids for"Andrews/Conejo Storm Drainage Improvements." 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within budget 4) Appropriate$77,200 from the unappropriated balance of the General Fund to the project account; motion carried 5:0. C11. SEWER MAIN IMPROVEMENT PROJECT-RAILROAD CROSSING NORTH OF MCMILLIAN.(File No.704-06) ACTION: Moved by Ewan/Romero to approve the award to RMR and execute a contract with RMR in the amount of$73,220 for the completion of the Sewer Main Improvement Project: Railroad Crossing north of McMillan,Specification No. 9880A; motion carried 5:0. C12. CONTRACT TO DELIVER ASPHALT(File No.704-06) ACTION: Moved by Ewan/Romero to 1)authorize the City Administrative Officer to approve a bid package for a contract to deliver asphalt 2)Authorize the City Administrative Officer to award a contract if the contract amount is within the budget available of$98,700; motion carried 5:0. COUNCIL LIAISON REPORTS Because of pending agenda items,this matter was deferred. Written reports were submitted and are part of the record as follows: AIR RESOURCES BOARD Council Member Ewan submitted a written report on the Air Resources Board describing a proposal for revising the existing regulations governing agricultural burning.(Report on file with the City Clerk). AIR POLLUTION CONTROL DISTRICT Council Member Ewan submitted a written report on the Air Pollution Control District -providing an update on the following issues: 1) Budget; 2)Avila Beach Remediation Project; 3)Guadalupe Oil Field Remediation Project;4)Enforcement and Compliance; 5) Rules Under Consideration; 6) East County Monitoring/Transport; 7)Public Events; 8) Office Information System(OIS); and 9) Personnel. (Report on file with the City Clerk). C1-12 City Council Meeting Page 6 Tuesday,May 4, 1999-7:00 p.m. PUBLIC HEARINGS 1. LOT LINE ADJUSTMENT WITH EXCEPTION -2353 BUSHNELL. (File No.203-03) Community Development Director Jonas presented the staff report. Mayor Settle opened the public hearing. Applicant Scott Lathrop was present but stated he had no further comments to add. Mayor Settle closed the public hearing. ACTION: Moved by SchwartzJMarx to adopt Resolution No.8929 approving the lot line adjustment map including minor exceptions to the Subdivision Regulations, based on required findings and subject to conditions; motion carried 5:0. 2. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE CONTRIBUTING LIST OF HISTORIC RESOURCES. (File No.209-04) Associate Planner Hook presented the staff report. Mayor Settle opened the public hearing. There were no speakers. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Ewan to adopt Resolution No.8930 adding 24 properties to the Contributing Properties List of Historic Resources; motion carried 5:0. COMMUNICATIONS This matter was deferred. BUSINESS ITEMS 3. FEE WAIVER REQUEST-CHILD DEVELOPMENT CENTER. (File No.407-03) Community Development Director Jonas presented the staff report and recommendation to deny the request. Mayor Settle opened the meeting for public comment.. Andrea Schacht.Director of the SLO Child Development Center, provided background and spoke in support of the request. When asked by Council Member Marx why the urgency,Ms. Schacht reported that the center Is losing their lease. C1-13 City Council Meeting — Page 7 Tuesday, May 4, 1999-7:00 p.m. Others speaking in support of the fee waiver request included,Board President Michael Passanell.Jay Alcon.Janice Day.and Beverly Johnson. Mayor Settle returned discussion to the dais. Council discussion followed. ACTION: Moved by Romero/Marx to grant the request for waiver of fees based on the points outlined in the Child Development Center letter dated 5/3/99(on file with the City Clerk)which includes the following eight unique circumstances(verbatim): 111) Our program is a state funded and regulated(California State Department of Education) non-profit program. The buildings will be owned by the State Department of Education until we pay back our no-interest loan. The buildings will be on county property(leased for $1 per year). This is a quasi-governmental project. 2) We are borrowing the funds to purchase DSA approved modular buildings from the State Department of Education. No other program or non-profit can obtain these funds. We do not have funds to pay fees. All of our other funds must go to services for the children and families. We can pay a mortgage to the state,but not fees. 3) We serve City residentsl Eighty-five percent of the children and families we are currently serving are low income City residents. Our waiting list has 145 children and their families and 98%are City residents. 4) We bring over$450,000 annually in services to the City of San Luis Obispo's most vulnerable children and families which will be lost if we cannot get our building done in time. 5) We need to request your assistance to grant us an early grading permit. The ARC is backed up until 6/21/99 and our grading must be completed by 6/21/99 in order to get our facility done in time. Please help us with this. We must expedite the permit process as we cannot have any days of non-operation. 6) We have had contract through City Grants-In-Aid for over 18 years and are one of the highest funded programs. We were notified of the loss of our rented facility too late to apply for Community Development Block Grant funds. 7) This is an opportunity for the City to make a positive statement of commitment for children so that a Littleton,Colorado will never happen here. That's what our prevention and intervention program is all about. The fees you waive will return to the City many times over as we prevent crime,violence,and victimization by helping our children and families to lead more positive and productive lives. 8) We hope you will consider our request on its own merit and not based on the possibility of future requests by other agencies." C1-14 A City Council Meeting Page 8 Tuesday,May 4, 1999-7:00 p.m. Motion to grant the request based on all eight unique circumstances carried 5:0. The applicant's were encouraged to file their application as soon as possible. Carol Florence,Project Manager,reported that the center Is working on the grading and utility plan and is hoping to submit it next week. She commented that because the plan must go the Architectural Review Commission,she is concerned about the timing. She requested that the Council provide the center with an exception and approve an early grading permit Community Development Director Jonas summarized the time-line associated with the permit processing. Council Member Marx asked If staff could outline in a memo the options available to expedite the process. Cfir Administrator Dunn reported that staff has no choice but to follow the standards set forth in the ordinance. 4. CREEK WALK PUBLIC ART FUNDED BY MARY JANE DUVALL TRUST. (File No.704- 06) 0406) Council Member Schwartz stepped down due to a potential conflict of interest(serves as the Trustee). Assistant to CAO George presented the staff report and introduced Artist Sandra Johnson. Mayor Settle opened the meeting for public comment Ann Ream. President of SLO Arts Council,spoke in support of the project and the process by which it was chosen. Mayor Settle returned discussion to the dais. ACTION: Moved by Marx/Romero to 1)approve the design of the proposed Creek Walk sculpture. 2) Authorize the City Administrative Officer to sign the agreement with the sculptor In the amount of$20,000 as provided by the terms of the gift; motion carried 4:0:1 (Schwartz refrained). S. DRAFT PARKING AND DOWNTOWN ACCESS PLAN(PDAP)AND DRAFT ENVIRONMENTAL IMPACT REPORT(EIR). (File No.804-02) Public Works Director McCluskey provided the introduction. Principal Transportation Planner Sanville presented a summary of the process used to develop the draft plan. Plan Consultant Lane Patterson provided a summary of the Plan components,the rationale for the key plan features and requisite monitoring effort. EIR Consultants Frank Sherkow and Frank Wein summarized the process used to develop the draft and final EIR and reviewed the findings of the impact analysis. Break called at 9:37 p.m. The meeting reconvened at 9:53 p.m. Mayor Settle opened the meeting for public comment Jack Penrod.Chair of the Chamber Economic Development Committee,encouraged the Council to provide incentives for downtown employees to park elsewhere to allow shoppers to park in the downtown. He asked the Council to move forward quickly with the construction of the Marsh Street Expansion and the Palm 11 parking structures. Eugene Jud.665 Leif Street,questioned when it was that the Council gave direction to include as a given the Marsh Street Expansion project in the EIR and shared some concerns regarding C1-15 City Council Meeting Page 9 Tuesday, May 49 1999-7:00 p.m. the EIR. He urged the Council to reject the EIR and to hold public workshops regarding the future of the downtown. Terrence Dozier,student at Cal Poly,asked what information is available to the public and what reassurances are there that there won't be added traffic. He encouraged the Council to maintain the pedestrian friendly atmosphere of the downtown. Mark Shaffer.Director of Ride-On,commented that he is disappointed that alternative transportation is pitted against parking structures. He urged the Council to drop the"black and white"approach and instead develop a balanced approach. Stephen Peterson,2159 Beebee Street(speaking as a citizen and not a member of the Planning Commission),opposes the plan because he believes it only pays lip service to alternative transportation and parking reduction. He voiced concern because the Plan sets a path for constructing four new parking structures in the downtown over a period of time. He encouraged the Council to put the money Into alternative transportation and not structures. Keith Miller, Dana Street resident,asked the Council to fund alternative modes of transportation and voiced concerns regarding the proposed Palm Street II parking structure. Martha Neder,Dana Street resident,supports alternative transportation and urged the Council to reduce vehicle traffic in the downtown. Deborah Nicklas,Chairman of the Board SLO Chamber of the Commerce,voiced strong support for moving forward with providing adequate parking in the downtown to maintain the vitality of the downtown. Shelly Stanwvck,Director of Governmental Affairs for the SLO Chamber of the Commerce, summarized concerns regarding the triggers and suggested that they be refined. She objected to Palm II and Court Street being subject to the implementation triggers and suggested that the proposed Palm Street II parking structure be pursued. Ira Winn.San Luis Obispo resident,said he opposes the Plan because it will increase traffic in the downtown.The report is poorly written and fails to address the cultural aspect of the downtown and the character of the adjacent neighborhoods, he added. Drew Lepis,student at Cal Poly,remarked that increased parking will increase traffic in the downtown. He encouraged the use of alternative modes of transportation and urged the Council to increase the number of bicycle lanes,bicycle parking and Park&Ride opportunities. He added that he hopes the Council will not vote to take down historic buildings and build structures. Mike Spangler,past president of the Downtown Parking&Access Committee,reminded the Council that the City has spent 22 million dollars for alternative transportation to-date. He commented that the Plan doesn't address the issue of economic viability well and urged the Council to direct staff to include more economic Information in the Plan. The new plan has major pitfalls,he continued,including the funding mechanism. He recommended a modified Plan that includes a plan to ensure parking funds are used only for creating additional parking spaces. In closing,he asserted that the implementation triggers should either be eliminated or modified to take into account the goal of keeping the downtown viable. Deborah Holley,Administrator of the Downtown Association,stated that the number one goal of the Association Is to provide adequate parking for employees and customers in the downtown. She urged the Council to pay attention to what people are requesting. C1-16 f City Council Meeting Page 10 Tuesday, May 4, 1999-7:00 p.m. Doug Shaw.downtown merchant,remarked that the number one complaint of shoppers is parking. He emphasized that parking Is a problem and it needs to be addressed. Brett Cross commented that adding more cars in the downtown core will not create a pedestrian friendly climate and stated that he believes the Marsh Street parking garage expansion project will negatively impact the downtown. Mike Stanton.President of Downtown Association,proclaimed that there is room for alternative transportation and more parking. He urged the Council to provide for both. Tom Swem,current Chairman of the Downtown Parking Committee,shared frustration by the merchants in the downtown over whether the Marsh Street parking garage expansion project will be built He said they all want a fair and balanced approach. Mayor Settle retuned discussion to the dais. Council questions to the consultants followed and lengthy Council discussion ensued. ACTION: Moved by Schwartz Romero to amend the Parking and Downtown Access Plan,Section 2.3.3,to read as follows: "Structures built to consolidate existing surface parking lots"and/or to provide required parking for specific downtown development proieets that.because of their scale would be likely to cause the demand triggers to be exceededshall be exempt from the need to meet trigger mechanism."; motion carried(5:0). ACTION: Moved by Romero/Marx to direct staff to bring back suggestions for alternative language to provide more flexibility in the trigger mechanisms; motion carried 5:0. ACTION: Moved by SchwartdRomero that the City provide funding support for the Parking Demand Reduction(PDR)program during its Introductory years(3 years)and then consider using the Parking Fund for PDR activities that demonstrate success; motion passed 3:2(Ewan, Marx) ACTION: Moved by Ewan/Marx to direct staff and the consultants to organize information that clarifies the Impacts of parking garages on neighborhood and arterial streets; motion carried 5:0. Staff noted that the matter will come back to Council late June or early July. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 12:43 a.m.to Monday,May 17,1999 at 7. 0 p.m.for the purpose o nducting a budget study session in the Council Chamber,99 P m an Luis o. Lee V&%C.M.C. City Clerk APPROVED BY COUNCIL: 5118199 LP:dr C1-17 i i C1-18 CCouncil Meet Ing - Tue dx:30 p.m. MEETING�-/ AGO (i � Page 5 ay,April 20, 1999 DATE_ g - 991TEM # Vice Mayor Romero proposed that the path be large enough to accommodate a one-ton pick • up truck to remove fallen trees and he requested that staff meet with the applicant to address this issue. He noted that staff has o modified the project to inGlude xclud decomposed granite for FLarking spaces. ACTION: Moved by Romero/Ewan 1)introduce to print Ordinance No. 1352(with an amendment to condition one deleting the words "decomposed granite" as an alternative paving material from Section Three)approving a Mitigated Negative Declaration of environmental impact approving,with amended findings and conditions,the revised planned development and PD rezoning. 2) Adopt Resolution No.8924 approving a Mitigated Negative Declaration and approving,with amended findings and conditions,the revised vesting tentative tract map to take effect on the effective date of the PD rezoning; motion carried 5:0. 3. APPEAL OF A LOT LINE ADJUSTMENT AT 1704 AND 1708 BROAD STREET (HOWARD CARROLL,APPLICANTIAPPELLANT). (File No.201-11) Associate Planner Shoals presented the staff reporL He reported that there were two issues before Council,the relocation of the utilities and the common parking. Mayor Settle opened the public hearing. Howard Carroll,applicant/appellant, noted that the issue with the easement has been resolved,however,the parking requirement is still unacceptable. He argued that two trees would be lost and spoke in support of the appeal. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Romero to adopt Resolution No. 8925 denying the appeal and upholding the Community Development Director's action on the project with the following amendments: 1) Condition 2, Section 2 deleted. 2) Condition 3 modified to add the language"...or appropriate easements granted..."; motion carried 5:0. COMMUNICATIONS Council Member Marx suggested some revisions to the Community Development Block Grant(CDBG) process. City Administrative Officer Dunn reported that the current process Is working well, but suggested that staff can review the process. After discussion Council referred this matter back to staff for further analysis with direction to return to Council at a later date. Council Member Marx reported that she was recently contacted by Huel Howser who is planning to produce a television show about the Morros. City Administrative Officer Dunn suggested Neil Havlik and Paul LeSage as resources to assist her with this project. Council Member Marx inquired about the Boy Scouts of America(BSA)issue. Mayor Settle indicated that the City has been talking with representatives from BSA. The matter will be coming forward for discussion in the future. CDD DIR GCAO ❑FlN DIR 13ACA0 ❑FIRE CHIEF I�rrORNEY ❑PW DIR l9'G�LERKIORIG ❑POLICE CHF ❑MGIIT TEAM ❑REC DIR O ❑Pn DIR ❑ --- O PERS DIR