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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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).
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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.
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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."
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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
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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.
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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
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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.
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