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Home My WebLink About09/07/1999, Agenda Hgenaa Distrinution List Ir (12/98) _Unpaidsubscriptions- lAll mtgs.unless o/w noted) 4 AIA President ASI President 1 BIA /Deborah Holley council acEnoa Chamber of Commerce CITYOF SAN LUIS 0 B I S P 0 Cuesta College / K. Roberts CITY HALL, 990 PALM ST REEB. Thoma / Chamber of Comm. Co. Board of Spvrs. Paul Hood, CO-Administration Housing Authority KCBX Tuesday, September 7, 19 KCPR: (2) Gen.Mgr. & News Dir. KDDS KEPT KGLO KKJG 6:10 P.M. CLOSED SESSION KSBY KUHL KVEC KPRL Library (front desk) CONFERENCE LEGAL COUNSEL Mustang Daily REAL PROPERTY NEGOTIATIONS New Times (front desk) Pac.Bell / V. Montalban Pursuant to Government Code § 54956.8 Pac. Gas & Elec. / B.Burke .Planning Comm. (t Comm. Dev.) So. Calif. Gas / V. Sterling Property: Filiponi Property on South Higuera Strei Council of Govts / R. DeCarli League of Women Voters Negotiating Parties: City of San Luis Obispo: Telegram-Tribune (front desk) Public Interest Action Ctr. Neil Havlik ECOSLO / Geoffry Land Res.forQual.Neigh / C.Sanders Sierra Club / Gary Felsman Property Owner Representatives: SLO Property Owners Assoc. Herbert Filipponi Fred Strong (The citizen) Sonic Cable/Jackie UNOCNegotiation: Whether to Proceed with Ne otiationSY Telegram. Bray 9 9 Telegram Tribune/S.Lyons Peg Pinard/SLO County CONFERENCE WITH LEGAL COUNSEL S�!Pps� REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 II-Subscriptions Paid or Env. Provided (rea.mtoa.only) : Property: Union Pacific Railroad Property on Ster Joan smiley esq. Easter Rents, Inc. Negotiating Parties: City of San Luis Obispo: IMS/s. Krautheim Neil Havlik EDA (Engr. Dev. Assoc. ) allenburg Capital Corp. Linnenbach Property Owner Representatives: Local Government Services Ted Stenstrom RRM Design Group / LeeAnne Vista Information Services Wallace, John L. & Assocs. Negotiation: Whether to Proceed with Negotiations/, Walter Bros. Construction Co. A. J. Diani Construction Fugro/McClelland Cannon Assoc. is SLO Assoc of Realtors Kimley-Horn Regular City Council meetings are broadcast on KCPR,91.3 FM. The City c Heritage Oaks Bank the disabled in all of its services,programs,and activities. Telecommunications Device 1 to the City Clerk prior to the meeting if you require a hearing amplification device. For mi Council Agenda Tuesday, September 7, 1999 CONFERENCE WITH LEGAL COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Cheda Trust Property at 1095 Marsh Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Chris Guenther Negotiation: Whether to Proceed with Negotiations/Acquire CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Government Code § 54956.9 Name of Case: Steve Smith v. City of San Luis Obispo 7:00 P.M. REGULAR MEETING Council Chamber 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`GOMfNENT'.PERIOp.:(not to ezcgetl..°,15 Min es-tgtsl)_ The.Couricil-welcomes your mput..(FOR ITEMS NOT10N THE AGENDA)You may addfess.-the Council by eomplefmg-a-speakee slip and giving it:,to the City,Clerk;,,prior to•the,meeting At,this ttme;.you may: address tire:Councl:on items thatsare notion the-agenda or.items on th6t( o sik.Agenda. Tife limit is; three minutes 'State IaViir:does not allow'the Council to 'discuss ortake.action on:-issues not on the. agenda,.except.that members of. the,Gounal or :staff may bnefiy;:respond'to -statements made-or 7. 090opm--sed by persons ezerasmg their public testimony+nghts,(Gov Code Sec .54954 2). Staff s may be asked to follow up:iin such;items' Staff repo and otherwritfen documentation,retating tb each: dem referred 'Room 1'di City Hall. CONSENT AGENBA - The�Consent Agenda is.approved_.on oneemobon ;Council:Members may pull consent ems�to be considered after Busmessdems =1r. r.c _.�_._ t r`%!^1n5+ < -.:�.!"J.._v Fi+�.fbnrL x. i'r. _s.. :..:.. _..2.."_ •�¢S� 2 Council Agenda Tuesday, ae'ptember 7, 1999 r C1. COUNCIL MINUTES (PRICE) Consideration of the Minutes of: Tuesday, July 20, 1999 Tuesday, August 17, 1999 RECOMMENDATION: Waive oral reading and approve minutes as submitted. C2. CITY COUNCIL CHAMBER CABLECASTING SYSTEM. (PRICE) RECOMMENDATION: 1) Approve Request for Proposals for City Council Chamber Cablecasting System. 2) Authorize soliciting of proposals. 3) Authorize contract award by the City Administrative Officer if the lowest responsible proposal is within the consultant's cost estimate of$95,000. C3. USE OF DOWNTOWN ASSOCIATION FUND BALANCE. (HOLLEY) RECOMMENDATION: Appropriate $2,993 from the Downtown Association fund balance to cover unanticipated expenditures for the 1998-99 fiscal year. C4. FINAL PASSAGE OF AN ORDINANCE APPROVING A NEW PRELIMINARY DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL COAST MALL SITE (PD 87-99): 321 MADONNA, MBK APPLICANTS. (JONAS/RICCI) RECOMMENDATION: Grant final passage to Ordinance No. 1355, approving a negative declaration of environmental impact, and approving a preliminary development plan for property located at 321 Madonna Road, based on findings, and with conditions, mitigation.measures, and code requirements. C5. FINAL PASSAGE OF AN ORDINANCE AMENDING THE SITE'S C-C-S ZONING AT 791 ORCUTT ROAD (R 62-99). (JONAS/P. MANDEVILLE) RECOMMENDATION: Grant final passage of Ordinance No. 1354. C6. TOURISM PROMOTION CONTRACTS. (HAMPIAN/GEORGE) RECOMMENDATION: Approve the following agreements related to tourism promotion recommended by the Promotional Coordinating committee and authorize the Mayor to sign them: Advertising - Barnett Cox & Associates (99/00 $151,100 and 00/01 $154,600), Tourist Information Activities - SLO Chamber of Commerce (99/00 $74,436 and 00/01 $76,669), Promotional Services - SLO Chamber of Commerce (99/00 $36,400 and 00/01 $37,500), and Visitors and Conference Services - Visitors and Conference Bureau (99/00 $62,200 and 00/01 $64,100). 3 Council Agenda Tuesday, September 7, 1999 y C7. AMENDMENT TO THE URBAN COUNTY COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR FEDERAL GRANT PROGRAM YEARS 2000 THROUGH 2002. (JONAS/HOOK) RECOMMENDATION: Adopt a resolution approving the amendment and authorizing the Mayor to sign the amendment to the City. C8. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS. (HAMPIAN/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$100,000 from the State Habitat Conservation Fund (HCF), which would be used in support of the acquisition of the Foster property in the Irish Hills at the end of Royal Way. APPOINTMENTS Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE. (PRICE) RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate to the League of California Cities Annual Conference. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. PUBLIC HEARINGS If you have filled out a Speaker Slip,'the;Mayor lvAll call,you :to the:,podium. -Please.speak into the. microphone and give your narne--.and city of•residence for.the,record:.. Please limit your commenfs:to.3 minutes; consultant and project:presentationshmitki to 10, inutes. If You challenge',an issue 4n court, you may.be'lirtiited to raising.only those,;issues you or,,someone•else,;raised'at--this.public-hearing`as described below, or"in written correspondence'deliveredto the'City;before or-during:the public hearing. NOTE of you are paid.:by_any;other persomor.organiiation.to commuFlrcatej.with any officei;employee,` or coma iis`sion..of th*.Cit --6f San Luis.•;Obispo ,fog fhe purpose.ofr urifluencing.local legislatve or, discretionary action,'you may gua ff as a nunicrpa4 advocate or Lobbyist :Any person engaged m munic>pal::advocacy, as:defined ly.;SLOMC Sectioi5R2 64 02U; �s regtiiFec}to register w►�h;the Cly Clerk: and,orally disglose•that:he/she is registered as a n unicrpal advocate when addressing'the Cray Council:: Aregistraton:formis.avala_bleon6f backroftheSpeaker`Slip;o ,y.contacting_theCityClerk = - 4 Council Agenda Tuesday, September 7, 1999 1. APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S DECISION (ARC 11-99) TO APPROVE AN AFFORDABLE HOUSING PROJECT AT THE EASTERLY END OF PISMO AND BUCHON STREETS, ADJACENT TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, 1330 AND 1363 PISMO STREET, HOUSING AUTHORITY -APPLICANT &APPELLANT: EVELYN TALMADGE, PETER STERIDS, AND RICK HAMLIN -APPELLANTS. (JONAS/SHOALS - 1 HOUR) RECOMMENDATION: Deny the appeal, thereby approving the mitigated negative declaration and granting final architectural approval to the project with findings and modified conditions. 2. CONSIDERATION OF LEASE VIOLATIONS AT 45 PRADO ROAD, THE RALCCO BUYBACK CENTER. (MOSS/MUNDS -45 MINUTES) RECOMMENDATION: 1) Direct RALCCO to correct all currently noticed violations of the lease agreement as outlined by staff and report status of all corrective actions to the Utilities Director. 2) Require RALCCO to remove all equipment and debris not being utilized by or related to the buyback operation immediately. 3) Require RALCCO to submit a plan, for Council approval, to improve the site's overall condition, including a timeline for completion. 4) Authorize the Utilities Director to terminate the lease if any future violation of the terms and conditions of the lease occurs, in accordance with the Termination for Cause and Enforcement sections of the lease, or if RALCCO fails to meet the site improvement timeline established by Council. 3. RESOLUTION OF INTENTION AND INTRODUCTION OF AN ORDINANCE TO IMPLEMENT LEVEL 41959 SURVIVOR BENEFIT AND MILITARY SERVICE AS PUBLIC SERVICE FOR POLICE MEMBERS OF CALPERS. (SLATE/JENNY - 5 MINUTES) RECOMMENDATION: 1) Adopt a resolution and introduce an ordinance approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 survivor Benefits and military service credit as public service for Police safety members. 2)Approve an agreement between the Board of Administration of PERS and the City of San Luis Obispo to pool 1959 Survivor Benefits assets and liabilities. 4. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE CONTRIBUTING LIST OF HISTORIC RESOURCES. (JONAS/HOOK- 15 MINUTES) RECOMMENDATION: Adopt a resolution adding.28 properties to the Contributing Properties List. 5 Council Agenda Tuesday, September 7, 1999 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). BUSINESS ITEMS 5. CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134 AT 953 ORCUTT ROAD (TR 220-92). (JONAS/P. MANDEVILLE - 5 MINUTES) RECOMMENDATION: Adopt a resolution approving the requested one-year time extension for filing the final map for Vesting Tract map No. 2134 (TR 220-92), subject to all of the findings and conditions of tentative map approval. 6. RECONSIDERATION OF PRE-ANNEXATION AGREEMENTS CONCERNING MARGARITA AREA SCHOOL SITE REQUIREMENTS (ANNX 175-98 AND ANNX 208-98 SCHOOL SITE REQUIREMENTS . (JONAS/MATTESON - 30 MINUTES) RECOMMENDATION: 1) Approve and authorize the Mayor to sign revised pre- annexation agreements with the landowners, reducing their obligations to provide a school site, in line with recent changes to State law. 2) Direct staff to revise the draft Margarita Area Specific Plan to reflect Recommendation #1, including revised credit for neighborhood park land dedication. 7. CITY DONATION ACCEPTANCE POLICY. (LESAGE - 15 MINUTES) RECOMMENDATION: Adopt a resolution establishing a City Donation Acceptance Policy. A. ADJOURN. 6 Staff Reports ?'or 9/7/99 Appeal of ARC decision Lease Violations Resolution of Intention& Intro 1363 Pismo Street 45 Prado Road of Ord. For Level 4 1959 Survivor Benefit for Police Item I Item? Item 3 Housing Authority RALCO Jason Berg-Police Department Attn:..George Moylan Attn:. Greg Shipley 487 Leff Street P.O:Drawer 1170 Nipomo,CA 93444 Lt.Joe Hazouri=Police Department Rick Hamlin PD.Boz 507 San Luis Obispo,CA 93406 Peter Sterios CHC Nominations 1346 Pismo Street San Luis Obispo,CA 93401 Item 4 Evelyn Talmadge Cultural Heritage Committee Chairperson 1408 Johnson Avenue San Luis Obispo,CA 93401 9-7r99 , Itm 5 953 Orcutt Road Norman Beko The SLO Partners 3940 Dominion Road Santa Maria,CA 93454 I I I I I IOh£6 VJ`odsi90 smZ,unS 6b6£6 VJ` 939 omsld gouX uuipuI 59Z anoanti 0aue3ug.9j Z UWA02)21eIJ uosir.M Pleea I - I i0b£6 VJ`odslg0 sin l usS I06£6 VJ`odslgp slnZ aeS SEM 3.Iaoq,CnoH ZV6£ I ZSb£xofl'O'd IOh£6 VZ)`odslgO slnj ueS gaua43 uqo£ ipamsyQ p omJetag la 41S.oulsld 06Z Jing Pgof I OZ6£6 VJ`apuaa0 0,(O-IJV 1sag ogimej[a I It S06£6 VZ)`ods190 sln7 usS I017£6 VZ)`odslgO sm7 usS 'O'TS 3o suap v!)ejaalS i 311WAV Ara ZSZ Pe021 oPIJd LtS n�nslflal]P�EgaRI aowea aaallg Pun scluoa elaIe9 Allot]Pus,Cog i epu09y V uodag jjmS snump ea1V et!n2 yN WL-6 council AgcnbA CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, September 7, 1999 ACTION UPDATE 6:10 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE WITH LEGAL COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Filipponi Property on South Higuera Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Herbert Filipponi Negotiation: Whether to Proceed with Negotiations/Acquire ACTION: Authorized further negotiations. CONFERENCE WITH LEGAL COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Union Pacific Railroad Property on Stenner Creek Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Ted Stenstrom Negotiation: Whether to Proceed with Negotiations/Acquire ACTION: Authorized further negotiations. Council Agenda Tuesday, �ptember 7, 1999 Action Update CONFERENCE WITH LEGAL COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Cheda Trust Property at 1095 Marsh Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Chris Guenther Negotiation: Whether to Proceed with Negotiations/Acquire ACTION: Authorized further negotiations. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Government Code § 54956.9 Name of Case: Steve Smith v. City of San Luis Obispo ACTION: Met in closed session. 7:00 P.M. REGULAR MEETING Council Chamber 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 All Council Members present. PUBLIC COMMENT PERIOD (not to exceed 15 minutes total) The Council welcomes your input. (FOR ITEMS NOT ON THE AGENDA)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. 2 Council Agenda Tuesday, September 7, 1999 Action Update Josephine Malone. 1136 Buchon, read her statement entitled, "Chancery" regarding her fight for equitable treatment toward women in advertising. Hank Freeman referenced a letter he wrote to Mayor Settle dated August, 28, 1999 regarding an action by the San Luis Obispo Housing Authority and requested a response. City Attorney Jorgensen advised that the City has no review or enforcement authority over Housing Authority matters. Laura Hutson cited recent hate crimes and requested that the Council place an anti-harassment ordinance on a future agenda. Hank Alberts noted that he was in opposition to the recent action by the Council extending the Boy Scouts of America lease agreement. Gary Fowler commented in support of the Boy Scouts of America and asked Council to avoid letting isolated events in other cities affect the relationship between the City and the local Boy Scouts of America. Robert Lewin. 1336 Pismo Street, voiced concern that the new concrete island at Johnson/Buchon is a traffic hazard. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. C1. COUNCIL MINUTES (PRICE) Tuesday, July 20, 1999 Tuesday, August 17, 1999 RECOMMENDATION: Waive oral reading and approve minutes as submitted. ACTION: Approved as revised(5:0). C2. CITY COUNCIL CHAMBER CABLECASTING SYSTEM. (PRICE/704-06) RECOMMENDATION: 1) Approve Request for Proposals for City Council Chamber Cablecasting System. 2) Authorize soliciting of proposals. 3) Authorize contract award by the City Administrative Officer if the lowest responsible proposal is within the consultant's cost estimate of$95,000. ACTION. Approved(5:0). 3 Council Agenda Tuesday, .eptember 7, 1999 Action Update C3. USE OF DOWNTOWN ASSOCIATION FUND BALANCE. (HOLLEY/201-01) RECOMMENDATION: Appropriate $2,993 from the Downtown Association fund balance to cover unanticipated expenditures for the 1998-99 fiscal year. ACTION: Approved(5:0). C4. FINAL PASSAGE OF AN ORDINANCE APPROVING A NEW PRELIMINARY DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL COAST MALL SITE LD 87-99): 321 MADONNA, MBK. APPLICANTS. (JONAS/RICCI /203-05) RECOMMENDATION: Grant final passage to Ordinance No. 1355, approving a negative declaration of environmental impact, and approving a preliminary development plan for property located at 321 Madonna Road, based on findings, and with conditions, mitigation measures, and code requirements. ACTION: Ordinance No. 1355 adopted(5:0). C5. FINAL.PASSAGE OF AN.-ORDINANCE AMENDING THE SITE'S C-C-S ZONING AT 791 ORCUTT ROAD (R 62-99). (JONAS/P. MAN DEVILLE/201-05) RECOMMENDATION: Grant final passage to Ordinance No. 1354. ACTION: Ordinance No. 1354 adopted(5:0). C6. TOURISM PROMOTION CONTRACTS. (HAM PIAN/G EORGE/704-06) RECOMMENDATION: Approve the following agreements related to tourism promotion recommended by the Promotional Coordinating Committee and authorize the Mayor to sign them: Advertising - Barnett Cox & Associates (99/00 $151,100 and 00/01 $154,600), Tourist Information Activities =SLO Chamber of Commerce (99/00 $74,436 and 00/01 $76,669), Promotional Services - SLO Chamber of Commerce (99/00 $36,400 and 00/01 $37,500), and Visitors and Conference Services - Visitors and Conference Bureau (99/00 $62,200 and 00/01 $64,100). ACTION: Approved(5:0). C7. AMENDMENT TO THE URBAN COUNTY COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR FEDERAL GRANT PROGRAM-YEARS 2000 THROUGH 2002. (JONAS/HOOK/704-06) RECOMMENDATION: Adopt a resolution approving the amendment and authorizing the Mayor to sign the amendment to the City. ACTION: Resolution No. 8960 adopted(5:0). 4 Council Agenda Tuesday, September 7, 1999 Action Update C8. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS. (HAM PIAN/HAVLIK/211-05) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$100,000 from the State Habitat Conservation Fund (HCF), which would be used in support of the acquisition of the Foster property in the Irish Hills at the end of Royal Way. ACTION: Resolution No. 8961 adopted(5:0). APPOINTMENTS Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE. (PRICE/708-03) RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate to the League of California Cities Annual Conference. ACTION: Approved(5:0). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. CHANNEL COUNTIES DIVISION Vice Mayor Romero reminded Council Members of the September 10, 1999 Channel Counties Division meeting in Ventura. 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. NOTE: If you are paid by any other person or organization to communicate with any officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action, you may qualify as a municipal advocate or lobbyist. Any person engaged in municipal advocacy, as defined by SLOMC Section 2.64.020, is required to register with the City Clerk and orally disclose that he/she is registered as a municipal advocate when addressing the City Council. A registration form is available on the back of the Speaker Slip or by contacting the City Clerk. 5 Council Agenda Tuesday,. .eptember 7, 1999 Action Update 1. APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S DECISION (ARC 11-99) TO APPROVE AN AFFORDABLE HOUSING.PROJECT AT THE EASTERLY END OF PISMO AND BUCHON.STREETS, ADJACENT TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY.-1330 AND 1363 PISMO STREET HOUSING AUTHORITY -APPLICANT & APPELLANT; EVELYN TALMADGE ._P.ETER STERIOS AND RICK HAMLIN - APPELLANTS. (JONAS/SHOALS/201-11 - 1 HOUR) RECOMMENDATION: Adopt a resolution denying the appeal, thereby approving the mitigated negative declaration and granting final architectural approval to the project with findings and modified conditions. ACTION: Continued to a date uncertain with direction to staff to work with the applicant to address design issues raised by Council (5:0). 2. CONSIDERATION OF LEASE VIOLATIONS AT 45 PRADO ROAD, THE RALCCO BUYBACK CENTER. (MOSS/MU-NDS/1204-08 -45 MINUTES) RECOMMENDATION: 1) Direct RALCCO to correct all currently noticed violations of the lease agreement as outlined by staff and report status of all corrective actions to the Utilities Director. 2) Require RALCCO to remove all equipment and debris not being utilized by or related to the buyback operation.immediately. 3) Require RALCCO to submit a plan, for Council approval, to improve the site's overall condition, including a timeline for completion. 4) .Authorize the Utilities Director to terminate the lease if any future violation of the terms and conditions of the lease occurs, in accordance with the Termination for Cause and Enforcement sections of the lease, or if RALCCO fails to meet the site improvement timeline established by Council. ACTION: Approved as amended, "RALCCO"changed to "Lessee"(4:1, Romero). 3. RESOLUTION OF INTENTION AND INTRODUCTION OF AN ORDINANCE TO IMPLEMENT LEVEL 4 1959 SURVIVOR BENEFIT AND MILITARY SERVICE AS.PUBLIC SERVICE FOR POLICE MEMBERS.OF CALPERS. (SLATE/JENNY/509-04 - 5 MINUTES) RECOMMENDATION: 1) Adopt a resolution and introduce an ordinance approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 survivor Benefits and military service credit as public service for Police safety members. 2) Approve an agreement between the Board of Administration of PERS and the City of San Luis Obispo to pool 1959 Survivor Benefits assets and liabilities. ACTION 1) .Resolution No. 8962 adopted and Ordinance No. 1356 introduced (5:0). 2) Approved(5:0). 6 Council Agenda Tuesday, September 7, 1999 Action Update 4. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE CONTRIBUTING LIST OF HISTORIC RESOURCES. (JONAS/HOOK/209- 10 - 15 MINUTES) RECOMMENDATION: Adopt a resolution adding 28 properties to the Contributing Properties List. ACTION: Resolution No. 8963 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 reported that RRM Design sent the City Council a letter requesting a study session regarding the Vineyard Community Church. Council directed staff to meet with the applicant's representative regarding technical issues before proceeding with the development review process. Council Member Marx requested that the Council Compensation Committee review the issue of medical payback for Council Members when they meet again next year. Council Member Marx reported on her efforts to locate historical gas lights for the downtown. Council Member Schwartz commented on preliminary work to-date on the creek walk sculpture. Vice Mayor Romero requested that the Council review the police report on a recent accident that occurred at the Marsh Street crosswalk. BUSINESS ITEMS 5. CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134 AT 953 ORCUTT ROAD (TR 220-92). (JONAS/P. MAN DEVI LLE/202-04 - 5 MINUTES) RECOMMENDATION: Adopt a resolution approving the requested one-year time extension for filing the final map for Vesting Tract map No. 2134 (TR 220-92), subject to all of the findings and conditions of tentative map approval. ACTION: Resolution No. 8964 adopted(5:0). 7 Council Agenda Tuesday, aptember 7, 1999 Action Update 6. RECONSIDERATION OF PRE-ANNEXATION AGREEMENTS CONCERNING MARGARITA AREA SCHOOL SITE REQUIREMENTS (ANNX 175-98 AND ANNX 208-98 SCHOOL SITE REQUIREMENTS: (JONAS/MATTESON/208-03 - 30 MINUTES) RECOMMENDATION: 1) Approve and authorize the Mayor to sign revised pre- annexation agreements with the landowners, reducing their obligations to provide a school site, in line with recent changes to State law. 2) Direct staff to revise the draft Margarita Area Specific Plan to reflect Recommendation #1, including revised credit for neighborhood park land dedication. ACTION. Approved(4:1, Schwartz).. 7. CITY DONATION ACCEPTANCE POLICY. (LESAGE/1101-09 -15 MINUTES) RECOMMENDATION: Adopt a resolution establishing a City Donation Acceptance Policy.. ACTION: Resolution No.-8965 adopted(5:0). A. ADJOURN. 8 CITY OF SAN /LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, September 7, 1999 6:10 P.M. CLOSED SESSION Councii Hearing Room 990 Palm Street CONFERENCE LEGAL COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Filiponi Property on South Higuera Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Herbert Filipponi Negotiation: Whether to Proceed with Negotiations/Acquire CONFERENCE WITH LEGAL.COUNSEL REAL PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956:8. Property: Union Pacific Railroad Property on Stehner Creek Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Ted Stenstrom Negotiation: Whether to Proceed with Negotiations/Acquire 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.n ivi ties. 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, September 7, 1999 CONFERENCE WITH LEGAL COUNSEL. REAL PROPERTY NEGOTIATIONS ' Pursuant to Government Code § 54956.8 Property: Cheda Trust Property at 1095 Marsh Street Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representatives: Chris Guenther Negotiation: Whether to Proceed with Negotiations/Acquire CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Government Code § 54956.9 Name of Case: Steve Smith v. City of San Luis Obispo 7:00 P.M. REGULAR MEETING Council Chamber 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'PERIOD•(not to exceed ?5•rninytes-tota�'. The Council.,welcomes'your.input..(FOR ITEMS NOT,ON THE AGENDA) You,:may.address-the Courted.;, by complepng a speakei slip and giving it to the IGity'Clerk pnor to the meeLng Af fu§ tune,.you may address the"Council on:items that:are not omthe agenda or items on.•ttie Consent A'da: Tune inift is' three.minutes:- 'State law does not allow'tfie Courted to discuss ortake action on issues,ngt on ttie., 9 P •- a enda, exce 't that members of;the Council or tall may bnefly:_respond to statements made or; questions Posed tiY persons exercising theif publictesttmony nghts�(Gov Code,Sec:.54954 2) Staff•t may be_askedto follow up"on sudi items aSfaff repots and wother wntten documentation relafirig;to each; item referred to on-this,agenda are on file,in:the.City Clerk s.Offioe in Roam 1_of City,HM.-, - CONSENT-AG, ENDA The Consent Agenda is, approy . on, oneb,mobon Council Member may ,pullxconsent items to be;; considered after Busmessdems -: y = - l.:_,.._,:r _v_iL,..:'L._.,. �:x_ _. 'x...�"^.•� ... ".rV 4k 75i-.�In:'n4 � _:.?.ca '.S.a-;N..�J..sr:iro'.� bc...na.ta.+-=?nv�vs-.. . 2 Council Agenda Tuesday, September 7, 1999 C1. COUNCIL MINUTES (PRICE) Consideration of the Minutes of: Tuesday, July 20, 1999 Tuesday, August 17, 1999 RECOMMENDATION: Waive oral reading and approve minutes as submitted. C2. CITY COUNCIL CHAMBER CABLECASTING SYSTEM. (PRICE) RECOMMENDATION: 1) Approve Request for Proposals for City Council Chamber Cablecasting System. 2) Authorize soliciting of proposals. 3) Authorize contract award by the City Administrative Officer if the lowest responsible proposal is within the consultant's cost estimate of$95,000. C3. USE OF DOWNTOWN ASSOCIATION FUND BALANCE. (HOLLEY) RECOMMENDATION: Appropriate $2,993 from the Downtown Association fund balance to cover unanticipated expenditures for the 1998-99 fiscal year. C4. FINAL PASSAGE OF AN ORDINANCE APPROVING A NEW PRELIMINARY DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL COAST MALL SITE (PD 87-99); 321 MADONNA, MBK APPLICANTS. (JONAS/RICCI) RECOMMENDATION: Grant final passage to Ordinance No. 1355, approving a negative declaration of environmental impact, and approving a preliminary development plan for property located at 321 Madonna Road, based on findings, and with conditions, mitigation.measures, and code requirements. C5. FINAL PASSAGE OF AN ORDINANCE AMENDING THE SITE'S C-C-S ZONING AT 791 ORCUTT ROAD (R 62-99). (JONAS/P. MANDEVILLE) RECOMMENDATION: Grant final passage of Ordinance No. 1354. C6. TOURISM PROMOTION CONTRACTS. (HAMPIAN/GEORGE) RECOMMENDATION: Approve the following agreements related to tourism promotion recommended by the Promotional Coordinating committee and authorize the Mayor to sign them: Advertising - Barnett Cox & Associates (99/00 $151,100 and 00/01 $154,600), Tourist Information Activities - SLO Chamber of Commerce (99/00 $74,436 and 00/01 $76,669), Promotional Services - SLO Chamber of Commerce (99/00 $36,400 and 00/01 $37,500), and Visitors and Conference Services - Visitors and Conference Bureau (99/00 $62,200 and 00/01 $64,100). 3 Council Agenda Tuesday, September 7, 1999 C7. AMENDMENT TO THE URBAN COUNTY COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR FEDERAL GRANT PROGRAM YEARS 2000 THROUGH 2002. (JONAS/HOOK) RECOMMENDATION: Adopt a resolution approving the amendment and authorizing the Mayor to sign the amendment to the City. C8. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS. (HAMPIAN/HAVLIK) RECOMMENDATION: Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$100,000 from the State Habitat Conservation Fund (HCF), which would be used in support of the acquisition of the Foster property in the Irish Hills at the end of Royal Way. APPOINTMENTS Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE. (PRICE) RECOMMENDATION: Designate Mayor Settle as voting delegate and Vice Mayor Romero as alternate to the League of California Cities Annual Conference. COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. PUBLIC HEARINGS If you have flied 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. NOTE ff you are paid by any other person or organ¢ation to communicate.with any officer, employee, or commission of the City of San Luis Obispo for .the purpose of' influencing local legislative or discretionary action, you .may qualify as a municipat advocate or lobbyist Any person engaged in municipal advocacy, as defined by SLOW Section 2.64.020;is required to register with the Cly Clerk and orally disclose that he/she is registered as a municipal advocate when addressing the City Council. A registration form is available on the back of the Speaker Slip•orby contacting the City.Clerk. 4 Council Agenda Tuesday, September 7, 1999 1. APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S DECISION (ARC. 11-99) TO APPROVE AN AFFORDABLE HOUSING PROJECT AT THE EASTERLY END OF PISMO AND BUCHON STREETS, ADJACENT TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. 1330 AND 1363 PISMO STREET, HOUSING AUTHORITY -APPLICANT & APPELLANT, EVELYN TALMADGE, PETER STERIOS, AND RICK HAMLIN -APPELLANTS. (JONAS/SHOALS - 1 HOUR) RECOMMENDATION: Deny the appeal, thereby approving the mitigated negative declaration and granting final architectural approval to the project with findings and modified conditions. 2. CONSIDERATION OF LEASE VIOLATIONS AT 45 PRADO ROAD, THE RALCCO BUYBACK CENTER. (MOSS/MUNDS - 45 MINUTES) RECOMMENDATION: 1) Direct RALCCO to correct all currently noticed violations of the lease agreement as outlined by staff and report status of all corrective actions to the Utilities Director. 2) Require RALCCO to remove all equipment and debris not being utilized by or related to the buyback operation immediately. 3) Require RALCCO to submit a plan, for Council approval, to improve the site's overall condition, including a timeline for completion. 4) Authorize the Utilities Director to terminate the lease if any future violation of the terms and conditions of the lease occurs, in accordance with the Termination for Cause and Enforcement sections of the lease, or if RALCCO fails to meet the site improvement timeline established by Council. 3. RESOLUTION OF INTENTION AND INTRODUCTION OF AN ORDINANCE TO IMPLEMENT LEVEL 41959 SURVIVOR BENEFIT AND MILITARY SERVICE AS PUBLIC SERVICE FOR POLICE MEMBERS OF CALPERS. (SLATEMENNY - 5 MINUTES) RECOMMENDATION: 1) Adopt a resolution and introduce an ordinance approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 survivor Benefits and military service credit as public service for Police safety members. 2)Approve an agreement between the Board of Administration of PERS and the City of San Luis Obispo to pool 1959 Survivor Benefits assets and liabilities. 4. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE CONTRIBUTING LIST OF HISTORIC RESOURCES. (JONAS/HOOK- 15 MINUTES) RECOMMENDATION: Adopt a resolution adding.28 properties to the Contributing Properties List. 5 Council Agenda Tuesday, September 7, 1999 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). BUSINESS ITEMS 5. CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134 AT 953 ORCUTT ROAD (TR 220-92). (JONAS/P. MANDEVILLE - 5 MINUTES) RECOMMENDATION: Adopt a resolution approving the requested one-year time extension for filing the final map for Vesting Tract map No. 2134 (TR 220-92), subject to all of the findings and conditions of tentative map approval. 6. RECONSIDERATION OF PRE-ANNEXATION AGREEMENTS CONCERNING MARGARITA AREA SCHOOL SITE REQUIREMENTS (ANNX 175-98 AND ANNX 208-98 SCHOOL SITE REQUIREMENTS . (JONAS/MATTESON - 30 MINUTES) RECOMMENDATION: 1) Approve and authorize the Mayor to sign revised pre- annexation agreements with the landowners, reducing their obligations to provide a school site, in line with recent changes to State law. 2) Direct staff to revise the draft Margarita Area Specific Plan to reflect Recommendation #1, including revised credit for neighborhood park land dedication. 7. CITY DONATION ACCEPTANCE POLICY. (LESAGE - 15 MINUTES) RECOMMENDATION: Adopt a resolution establishing a City Donation Acceptance Policy. A. ADJOURN. 6 city clerk memorandum Date: September 9q 1999 To; Mayor& Council Memb s From: Lee Price, City Clerk Subject:. Revision to the Minutes Vice Mavor Romero indicated to me several minor revisions he would like to see made to the minutes to be approved at tonight's meeting. The attached revisions are summarized as follows: July 20`h Page 8., masonite should read modular August 17th Page 3, Item 91, "their way" should read "for the full cost of the program." Page 4, Item #4 Action should include"(Goldenrod)" Page 6, Item #6, "Speaking in support of the appeal..." should read"Speaking in opposition to the appeal..." Page 7,Item#6, "Speaking in opposition to the appeal..." should read "Speaking in support of the appeal..." Page 9, Item #6, "Palm" should read"existing Marsh Street structure..." Page 9, Item#6, "a higher level." should read "provide some safety factor for truck clearance." Page 9, Item#6, "deny" should read"uphold." City Council Meeting Page 8 Tuesday,July 20, 1999 -7:00 p.m. City Administrator Dunn recommended that the City attempt to get approval from CalTrans for the gabian wall (consultant's recommendation)and short of that a Fnasewite odula wall that is consistent with CalTrans'standards. Ron DeCarli proposed that the Council challenge the CalTrans standard,and further,that the City find out what might be acceptable alternatives to CalTrans, including a landscaped wall. Council discussion followed. ACTION: Moved by Ewan/Marx to approve the staff recommendation, thereby supporting the construction of a 104o-12400t high,2,100 foot long landscaped wall along the southeastern edge of State Route 101 adjacent to Brizzolara Street; motion carried 5:0. There being no further business to come before the City Council, Ma or Sett add umed the meeting at 11:30 p.m.to Tuesday,August 17, 1999 at 4:00 p in the Coun it Cha ber,990 Palm Street,San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 9/7199 LP:dr MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,AUGUST 17, 1999 -3:30 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,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, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Wendy George,Assistant to the CAO; Ron Wisenand, Development Review Manager; John Shoals,Associate Planner; Peggy Mandeville, Associate Planner; Pam Ricci,Associate Planner; Keith Opalewski, Parking Manager; Neil Havlik, Natural Resources Manager; John Mandeville, Long Range Planning Manager; Gary Henderson,Water Division Manager PUBLIC COMMENT Deborah Holley, Downtown Association, summarized her written response to a memo received by Council Member Ewan (both memos on file with the City Clerk) regarding the "Spare Change Program" (a fundraising program for the Prado Day Center). Eric Greening asked questions regarding Consent Agenda Item C-2.Water Division Manager Henderson responded. ---._ ---------...— --------- CONSENT AGENDA C1. APPROVE ECONOMIC VITALITY CORPORATION EVC AGREEMENTS. ACTION: Moved by Romero/Marx to 1) approve and authorize the Mayor to execute the 1999-00 EVC Agreement in the amount of$15,000 for Economic Development Services. 2) Approve and authorize the Mayor to execute the 1999-00 EVC Sub- recipient Agreement in the amount of$100,000 for Revolving Loan Fund (RLF) Services; motion carried 5:0. C2. CONTRACT WITH HATCH AND PARENT FOR LEGAL SERVICES RELATIVE TO SALINAS RESERVOIR WATER RIGHTS PERMIT. ACTION: Moved by Romero/Marx to 1) approve the contract with Hatch and Parent for legal services relative to the City's water rights permit for Salinas Reservoir for a City Council Meeting Page 2 Tuesday,August 17, 1999 -3:30 p.m. total compensation not to exceed $30,000. 2) Approve an additional $10,000 for contingencies and authorize the Utilities Director to increase the maximum compensation to include the approved contingency or a portion thereof if additional work is necessary above the current identified scope of services. 3) Approve advancing project funding identified as second year Capital Improvement Project funding for this project in the amount of$40,000; motion carried 5:0. C3. CONSIDERATION OF A REQUEST TO ABANDON A PUBLIC WAY BETWEEN 1890 AND 1900 SAN LUIS DRIVE (ABAN 108-98). ACTION: Moved by Romero/Marc to adopt Resolution No. 8954 with intention to abandon a public way between 1890 and 1900 San Luis Drive,and set a public hearing for September 21, 1999; motion carried 5:0. C4. CHANGE TO CITY/COUNTY LIBRARY JOINT POWERS AGREEMENT. ACTION: Moved by Romero/Marx to approve and authorize the Mayor to execute an amendment to the City/County Library Joint Powers Agreement to continue increased hours of operation on Wednesday evenings for the 1999-01 fiscal years, in exchange for annual payments of$13,300 and $13,700; motion carried 5:0. C5. EXTENSION OF LEASE AGREEMENT WITH KEN GLICK FOR CITY-OWNED PROPERTY IN STENNER CANYON. ACTION: Moved by Romero/Marx to approve an extension of the existing lease with Mr. Ken Glick for rental of City owned property in Stenner Creek Canyon,for the period September 1, 1999 to December 31, 1999,with provision for the City Administrative Officer to grant one additional extension to April 30,2000; motion carried 5:0. C6. APPOINTED OFFICIALS' EVALUATION. Council Member Schwartz pulled this item to request a minor amendment. ACTION: Moved by Romero/Marx to approve modifications,as amended,to the evaluation process for Appointed Officials as recommended by Brunner Consulting; motion carried 5:0. C7. PLANS AND SPECIFICATIONS FOR OCEANAIRE MANHOLE AND SEWERLINE. ACTION: Moved by Romero/Marx to 1) approve plans and specifications for "Oceanaire Manhole and Sewerline, Specification No. 90022." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within budget; motion carried 5:0. C8. IMPLEMENTATION OF THE REPORTING OF EMPLOYER PAID-MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL. ACTION: Moved by Romero/Marx to adopt Resolution No. 8955 approving the reporting of the value of Employer-Paid Member Contributions as additional compensation for department heads and other management personnel; motion carried 5:0. BUSINESS ITEM City Council Meeting Page 3 Tuesday,August 17, 1999-3:30 p.m. 1. RECOMMENDED ENHANCEMENTS FOR THE ART IN PUBLIC PLACES PROGRAM. Assistant to CAO George presented an in-depth staff report. Council Member Schwartz commented that the staff recommendation is too timid and summarized his memo making an alternative recommendation (on file with the City Clerk). Council discussion ensued. Council Member Schwartz read his proposed substitute motion (see memo). Mayor Settle opened the meeting for public comment. Shelly Stanwvck, Director of Governmental Affairs for the Chamber of Commerce and member of the Task Force,stated that the Chamber supports public art,but is uncomfortable with fees assessed on development for public art. She noted that the committee did not reach a consensus on that recommendation. Ann Ream. President of the SLO Arts Council and member of the task force,supports the recommendations. She noted that the Arts Council is continuing to work with the downtown, the City and Nation in their efforts to link web sites. She added that she supports Council Member Schwartz's recommendation that developers kick in for public art. Eric Greening spoke in support of the staff recommendations and alternative recommendations made by Council Member Schwartz. Jim Sar en,member of the focus group, responded to Council Member Schwartz's memo and em hasized that he was not a proponent for developer's paying theiF wafor the full cost of e o ram He proposed,that instead,the greater community at-large be asked to contribute. He asked the Council to look at other ways to encourage participation rather than by imposing a mandate. Mayor Settle returned discussion to the dais. ACTION: Moved by Marx/Ewan to 1) receive proposals from the Art in Public Places Focus Group and approve the staff recommendations for follow up actions, as modiFed. 2) Approve the staff recommendation that public art funding in the amounts indicated be included in the following Capital Improvement Plan projects scheduled for 1999-01 fiscal years: Laguna Lake Park Improvements($10,000), Downtown Restrooms($10,000), Sinsheimer Park Improvements($10,000),and Higuera Street Bridge($33,730); motion carried 5:0. PUBLIC HEARINGS 2. REQUEST TO AMEND THE SERVICE COMMERCIAL WITH SPECIAL CONSIDERATION (CSS)ZONING AT 791 ORCUTT ROAD TO ELIMINATE THE PREVIOUSLY APPROVED MASTER LIST OF ALLOWED AND CONDITIONALLY ALLOWED USES. Long Range Planning Manager Mandeville presented the staff report Brief Council questions followed. Mayor Settle opened the public hearing. Garth Kornreich, architect representing the property owner supports the staff recommendation. Mayor Settle closed the public hearing. City Council Meeting Page 4 Tuesday,August 17, 1999-3:30 p.m. ACTION: Moved by Romero/Ewan to introduce Ordinance No. 1354 amending the site's CSS zoning to eliminate the previously approved master list of allowed and conditionally allowed uses and adding "wildlife impacts as a result of human activity"as an issue to address as part of the site's Special Consideration zoning; motion carried 5:0. 3. PARK-IN-LIEU FEE UPDATE. Finance Director Statler presented the staff report. Mayor Settle opened the public hearing. There were no speakers. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 8956 updating park-in- lieu fees based on an analysis of current market values; motion carried 5:0. 4. SUBDIVISION OF A 14.66 ACRE SITE INTO 46 SINGLE FAMILY RESIDENTIAL LOTS AT THE SOUTH EAST CORNER OF FULLER ROAD AND BROAD STREET(TRIER 166-98) (CONTINUED FROM JUNE 15. 1999). Long Range Planning Manager Mandeville presented the staff report. Mayor Settle opened the public hearing. Ray Blair.4300 Broad Street, indicated that he supports the staff's proposed solutions for his prior concerns regarding the property line and the family owned building on Fuller Road,currently within the property line. Staff was requested to be sure that the conditions of approval reflected the agreed upon solutions. Bob Fowler. R.W. Hertel & Sons, commented in favor of the staff recommendation. Ray Blairspeaking once more, revealed concern for the protection of wells on Fuller Road. Mayor Settle closed the public hearing. Council discussion followed regarding preservation of the creek. Bob Fowler, R.W. Hertel, indicated that his company would pay for and install a split rail fence along the creek. Community Development Director Jonas commented that staff's goal is to minimize public intrusion into the creek by consulting with the Natural Resource Manager and planting natural vegetation that will discourage intrusion. Discussion ensued regarding the proposed sidewalk requirement along Goldenrod. _City Administrator Dunn commented in support of preserving the sidewalk on both sides of the street. ACTION: Moved by Settle/Ewan to approve CAO recommendations; motion carried 5:0. ACTION: Moved by Settle/Ewan to adopt Resolution No. 8957 approving the Negative Declaration of Environmental Impact,with mitigation, and approving the tentative map,with conditions, as modified by confirming the retention of sidewalks on both sides, the installation by the developer of a split rail fence along the creek 7denrcd to add conditions regarding change in right of way Goldenro , attachment 6 ,and protection of wells, staff to work with Natural Resources Manager Havlik regarding landscaping with direction to include for consideration sycamore trees,as proposed by Council Member Schwartz; motion carried 5:0. City Council Meeting Page 5 Tuesday,August 17, 1999-3:30 p.m. Mayor Settle called a five minute break at 5:05 p.m. He reconvened the meeting at 5:20 p.m. COUNCIL LIAISON REPORTS ECONOMIC VITALITY CORPORATION (EVC). Council Member Schwartz reported that EVC needs to expand its membership and contributions. He also reported that the Union Oil Company will be paying the County of San Luis Obispo$1,000,000 in four annual payments of$250,000 for the oil spills. He noted that sometimes there are overlapping efforts by the EVC and individual cities. COUNCIL OF GOVERNMENTS/SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY. Vice Mayor Romero reported that the CalTrans Transportation Enhancement Grant of $83,000 has been approved for the undercrossing of the Highway 101 Project. State transportation funds have been allocated to construct the sound wall proposed along Brizzolara. Cal Poly has agreed to continue the Zero Fare Transit Program through the spring of 2000. COG staff is working with the National Park Service to establish signage and designation for the De Anza Trail. He also reported that the COG reviewed current legislative issues and a draft of the 98-99 annual report. NORTH COUNTY WATER ADVISORY COMMITTEE. Vice Mayor Romero reported on his attendance at the recent North County Water Advisory Committee. COUNCIL BENEFITS. Council Member Marx requested that the Council place the return of unused benefits for Council Members on a future agenda as a discussion item. City Administrative Officer Dunn will forward information and relevant history regarding this matter to Council. SATURN OFFER TO BUILD BASKETBALL COURT. City Administrative Officer Dunn reported on a communication he received from Pat Cusack, owner of the local Saturn dealership,who offered to donate a community basketball court to the City. Council referred Mr. Cusack's offer to staff for evaluation. PUBLIC COMMENT Richard Kreisa displayed an overhead transparency outlining a concern he has regarding the impact on the mini-eco system in the Ramona/Palomar Drive area by equipment and debris stored because of the fiber-optic cable system along Foothill Blvd. Staff agreed to look into the matter. PUBLIC HEARINGS 5. REVIEW OF A NEW PRELIMINARY DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL COAST MALL SITE (PD 87-991. Associate Planner Ricci presented the staff report. Mayor Settle opened the public hearing. City Council Meeting Page 6 Tuesday,August 17, 1999.-.3:30 p.m. Andy Trachman. representing the property owner, introduced Vic Montgomery of RRM Design,who provided an overview of the'site plan and highlighted key components of the renovation design. He also responded to design concerns and suggestions proposed by Council.Member Schwartz. Mr.Trachman reported that MBK has acquired 100% interest of what Mutual of New York owned in the past. Mayor Settle closed the public hearing. ACTION: Moved by.Schwartz/Romero to-introduce Ordinance'No. 1355 approving a negative declaration of environmental impact, and approving a preliminary development plan, based on findings, and with conditions, mitigation measures and code requirements; motion carried 5:0.. 6. APPEAL.OF THE PLANNING COMMISSION DECISION DENYING USE PERMIT U 28- 99 AND VARIANCE V 28-99, FOR A MULTI-LEVEL PARKING GARAGE AT THE NORTHERLY CORNER OF PACIFIC AND MORRO STREETS: 860 PACIFIC STREET. Associate Planner Shoals presented the staff report and summarized the key issues of debate: 1) building height exception, and 2)variances for street yards and lot coverage. Council questions followed. Mayor Settle opened the public hearing. Public Works.Director McCluskev,appellant, summarized the history of the.project.and noted that this is the twelfth Council meeting regarding this project. In response to Council inquiry, he demonstrated the net number of-new spaces(232). He reported that the addition of office space to the.structure design was a result of public input into the design. In support of the appeal, he noted the unique qualities of the project, emphasizing that the City is bound by the purchase and operating agreement with the US Postal Service. He submitted a copy of-the agreement to the Clerk for the Record and urged adoption of the CAO recommendation. Fred Sweeney,architect, demonstrated the design by using overhead slides and spoke to the merits of the appeal. He-concluded in support of the findings made by staff for the exceptions. City Administrator.Dunn read a prepared statement.(on file with the City Clerk) in support of his recommendation to deny the appeal and approve the use permit. Mayor Settle called for a.break at 8:57 p.m. Hereconvened the meeting at 9:15 p.m. and opened the floor for public testimony. Speaking in sueeeftppo'sitio' to the appeal and in opposition to the proposed parking structure expansion: Stephen Peterson Kurt Mammen Stan-Ryan Pat Veesart(speaking as the Executive Director of ECOSLO and on behalf of County Supervisor Peci Pinard) Michael Sullivan Richard Lee Gary Fowler Diane.Putner. Palodromes Restaurant(who submitted a petition signed by 1,020 individuals in opposition to the parking structure expansion)(on file with the City Clerk) City Council Meeting Page 7 Tuesday,August 17, 1999 -3:30 p.m. Sarah Christa, Creston resident Brett Cross Sheila Baker Speaking in opposition to the parking structure expansion cont'd: Laurence Holgate Richard Kreisa Elaine Simer Daniel Wescott Chuck Mendelson Chris Collins Ira Winn, also speaking on behalf of Eugene Jud Brian Christianson Speaking in Goyos4iGnuppdr�of the appeal in support of approving the use permit and in favor of the garage expansion: Sam Blakeslee Wallace Henry Tom Martin,on behalf of Ted Frank owner of Tom's Toys Mary Mitchell-Leitcher, Soda Works Tom Swem, Downtown Association Parking Committee Chair Jeff Buckingham, Chair of Chamber Issues and Values and Committee Tom Copeland Ron Tilley Ryan Bolt Dave Cox.Vice-Chair of the Legislative/Economic Action Committee of the Chamber Mark Shaffer, Director of Ride-On Andrew Merriam Jim Buttery Jesse Norris Debby Nicklas, Chairman of the Board of the Chamber of Commerce Jim Sargen.The Forum on Marsh Vic Montgomery Doug Shaw, owner of the Sanctuary Tobacco Shop Marc Sargen, President of the Forum on Marsh Howard Franklin Mike Spangler(who also submitted a petition signed by 4,250 individuals and a letter signed by 120-130 business/property owners in support)(on file with the City Clerk) Deborah Holley, Downtown Association Administrator Terry Burrows Dave Garth. Executive Director of the Chamber of Commerce Other public comments: Richard Kranzdorf contended that the Planning Commission did not vote on the adequacy of the Supplemental Environment Impact Report(SEIR), and concluded that therefore it can not be discussed here tonight. He asserted that if the Council votes to approve the EIR this evening when the Planning Commission has not voted on the issue,there will be grounds for legal action. Ci!y Attorney Jorgensen advised the Council that the Planning Commission's role is advisory only and therefore any certification of the EIR/SEIR will be done by the Council. The Council, he added, has a legal obligation and the discretion to certify the document, if they find it adequate prior to project approval. He counseled that because the Planning Commission chose to take no action,that failure to take action does not prevent the Council from certifying the document. City Council Meeting Page 8 Tuesday,August 17, 1999 -3:30 p.m. William."Bill"Walter, local.attorney, summarized his comments regarding legal concerns set out in his letter to the Council (on file with the City Clerk). Mayor Settle closed the public hearing and.called a break called at 11:35 p.m. The meeting was reconvened at 11:45 p.m. City Attorney-Jorgensen prefaced his comments by noting that the-letter submitted by William S. Walter. Esq.to the City outlining the legal issues has been entered into the record (on file with City Clerk). He emphasized that the issue before the Council this evening is whether or not the Council can make the necessary findings to approve the variance and use permit. He explained that the City,even though it may exempt itself from. the effect of its own zoning regulations,attempted to closely follow its own regulations. (In support of that comment,the City Attorney entered into the record the following cases on point: Sunny.Slope Water co. v. City of Pasadena and Bailey v. Los Angeles County). He noted that the City's Zoning Ordinance(see Municipal Code -Chapter 17.60) provides a mechanism for granting exceptions to height and building setbacks,and further,that pursuant to Table 9, Footnote 13,where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted, upon approval of a use permit. The existing Marsh Street Garage does not meet strict setback requirements, he added, but the allowance was made according to that provision. He clarified that a strong argument can be made that a variance is not required under the City's Zoning Ordinance regulations and forwarded a copy of the report for approval of the original.garage to the City Clerk to be included in the record. In conclusion, City Attorney Jorgensen emphasized that there is an important distinction to be made: State law does not apply to charter cities, unless the charter city adopts them. The City of SLO has it's own regulations and they are different,and less strict,than the Government Code(§65906). If the Council chooses to uphold the appeal and make findings in support of that action, he recommended two modifications to strengthen Findings#1 and #2, as follows: Re: Finding #1: Add: "and d) a.significant portion of the site is subject to the constraints of the Post Office Operating Agreement and Purchase Agreement". Re: Finding#2: Add: "and c)the Parking Structure is a unique type of public use, with unique constraints,which will benefit the general public, and will not set a Precedent for other development.in the area". Council comments followed: Council Member Ewan stated that the location is not the right place. While he supports the addition of office space,the project impacts the streetscape. He suggested that the office be pushed back into the structure to allow a landscape zone: Architect Fred Sweeney responded that the design can address the office space and.bulb-outs. He noted that if the use permit is approved,the project will still go through the Architectural Review Commission approval process. Council Member Marx asked City Attorney Jorgensen if the Council has already made the decision to site the garage at the location..City Attorney Jorgensen.replied that the policy decision was made by the previous City Council. The EIR was done based upon that policy decision, and on the basis of the EIR the City began to negotiate with the property owner to acquire the property. He added that alternatives were also considered on several occasions, in addition to the EIR. City Council Meeting Page 9 Tuesday,August 17, 1999 -3:30 p.m. Council Member Marx commented that the location is a big consideration for her as a decision-maker. She observed that the Palm Street structure is only 70-80%full, and 30% of the spaces in the Marsh Street are devoted to long-tern parking (82 spaces used by employees). She suggested that these long-term parking spaces be moved to Palm Street to free up the spaces on Marsh Street and fully utilize the Palm Street structure. In addition, she suggested that the EIR be returned to the Planning Commission for their full review. Vice Mayor Romero spoke in support of the previous Council's decision and pointed out that the decision was made several years ago and verified 10 to 11 times throughout the process. He asserted that parking structures do not create traffic, they reduce it. He argued that the Palfla 'zistina MarslCStreef structure is often full and that the structure is critical to the needs of downtown. He added that the height exception has precedence in the same block and emphasized that the exceptions proposed can be made because they are for a public purpose.Vice Mayor Romero indicated that he does have some concerns regarding the pedestrian bridge and urged staff to raising it to a highe=lever rovide some �fety factoc.for. ruck c earance) In addition, he expressed concern regarding vandalism. Vice Mayor Romero also pointed out that the mitigation measure relating to a signal at the Marsh Street/Downtown Centre crosswalk, previously addressed in the EIR, has been eliminated in the SEIR. He noted that the peak hours of the day were not studied and proposed that before the Council takes action on the SEIR, that it eliminate the change to remove the signal. Council Member Schwartz spoke in favor of the recommendation to deRyFp-h-5-1a the appeal and approve the variances and use permit. He asserted that he believes the Planning Commission misread the Zoning Ordinance and argued that public parking is a principal use and that deviations for building height and setbacks are acceptable. Mayor Settle commented in support of constructing the garage at the proposed location. He argued that the Council has the ability to make the exceptions and can make the findings. ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No. 8958 certifying the Environmental Impact Report Supplement(EIRS) as being prepared in compliance with the California Environmental Quality Act(CEQA). 2) Find that the additional proposed property acquisition conforms with the General Plan. 3) Adopt Resolution No. 8959 upholding the appeal and approving use permit U 28-99,to allow a multi-level parking structure in the Central Commercial (C-C) and Office(0) zones with the building height exception to allow a 44 ft. tall building and a 52 ft. tall elevator tower, a variance to allow a reduced street yard from 15 ft. to 0 ft.for the offices, and a variance to allow 80% lot coverage based on findings and subject to the conditions and code requirements listed in Draft Resolution "B"; motion carried 3:2(Ewan and Marx). Vice Mayor Romero reiterated his desire to discuss the traffic signal at the Marsh Street/Downtown Center crosswalk. City Attorney Jorgensen suggested that Council give consideration to this issue at another time. The conduit is in and the issue is one the Council can always entertain, he added. ACTION: Moved by RomerolSeftle to, prior to approval of the plans and specifications for the parking garage, direct staff to return to the City Council with an updated evaluation of the need for the traffic signal at the Marsh Street/Downtown Centre crosswalk; motion carried 5:0. City Council Meeting Page 10 Tuesday,August 17, 1999 -3:30 p.m. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 12:58 a.m.to Tuesday,September 7, 1999 at 7:00 p.m. in the C it Chamber,990 Palm Street,San Luis Obispo. r Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 917199 LP:dr MEETING AGENDA DATE ITEM # C � MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,JULY 20, 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,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, 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; Pam Ricci,Associate Planner; Terry Sanville,Transportation Planner; Reinie Jones, Engineering Assistant; Neil Havlik, Natural Resources Manager __.__--------__--__-----------------��.. PRESENTATIONS AWARD TO CITY FROM TRI-COUNTY REGIONAL TEAM,TOBACCO EDUCATION AND PREVENTION. Janet Benner introduced Cynthia Maez who provided background on the project. Tom Jones congratulated the City on nine smoke-free years. Jason Takagi presented the award and balloons to the Council. PRESENTATION BY SAN LUIS OBISPO RAILROAD MUSEUM OF A PROPOSAL FOR RESTORATION AND OPERATION OF THE SOUTHERN PACIFIC RAILROAD FREIGHT HOUSE. Andrew Merriam introduced members of the Committee and provided the presentation. He stated that the next step would be to form a partnership with the City. At the suggestion of City Administrator Dunn,the Council referred the proposal to staff for analysis and gave direction to return to Council for consideration and endorsement at a later date. CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: 1095 Marsh Street Negotiating Parties: City of San Luis Obispo: Neil Havlik C/- 1 City Council Meeting Page 2 Tuesday,July 20, 1999 -7:00 p.m. Property Owner Representatives: Christopher Gunther Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen reported that the Council authorized further negotiations. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: Guidetti Property,Jesperson Road Negotiating Parties: City of San Luis Obispo: Neil Havlik Property Owner Representative: John Guidetti Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen reported that the Council authorized further negotiations. PUBLIC COMMENT There were no public comments. ------------------------------------------------------------ CONSENT AGENDA ACTION: Moved by Romero/Marx to approve the consent agenda as recommended by the City Administrative Officer,with the exception of C3, C9, C10 and C11; motion carried 5:0. C1. COUNCIL MINUTES Tuesday,July 6, 1999 ACTION: Moved by Romero/Marx to waive oral reading and approve minutes as submitted; motion carried 5:0. C2. PLANS AND SPECIFICATIONS FOR 879 MORRO RENOVATION. ACTION: Moved by Romero/Marx to 1)approve plans and specifications for 879 Morro Street Renovation project, Specification No.9229. 2) Authorize soliciting of bids. 3) Authorize contract award by the City Administrative Officer if the lowest responsible bid is with the project budget of$673,800; motion carried 5:0. C3. SAN LUIS OBISPO CREEK WALK. This matter was pulled for comment by Phil Ashley, resident and biologist,who stated that he believed the project would have a serious impact on the creek. He urged the Council to refer it to a natural resources committee. City Attorney Jorgensen, referencing Engineering Assistant Jones' memo,explained that there were two public hearings on this project. In addition, he noted that the project was reviewed by the Architectural Review Commission and the Parks and Recreation Commission, and further,that the plans and specs were previously C/-,Z City Council Meeting Page 3 Tuesday,July 20, 1999-7:00 p.m. reviewed by the Council. In addition,City Attorney Jorgensen pointed out that a lengthy review was done by federal agencies for permits.Council Member Schwartz noted that there were two community workshops held and the opportunity for citizens to meet with Army Corps of Engineers and the Department of Fish &Game,in addition to what staff has already mentioned. City Engineer Peterson summarized work to-date and responded to brief questions from Vice Mayor Romero. ACTION: Moved by Romero/Ewan to 1) award a construction contract to R.M.R. Construction in the amount of$447,474 for"San Luis Obispo Creek Walk, Specification No. 9028." 2) Approve transferring $80,300 to the project budget to cover the cost of the construction contract plus contingencies; motion carried 5:0. C4. ADDITIONAL CONSULTANT SERVICES FOR THE OLD CARNEGIE LIBRARY PROJECT. ACTION: Moved by Romero/Marx to 1) approve an amendment to the agreement with Marwal Construction, Inc. of San Luis Obispo, California, in the amount of $49,760 for construction management and inspection services associated with the Old Carnegie Library Rehabilitation Project. 2) Approve an amendment to the agreement with Architectural Resources Group of San Francisco in the amount of $42,704 for construction administration services associated with the Old Carnegie Library Rehabilitation Project. 3) Authorize the City Engineer to execute additional amendments of up to $15,000 for these two contracts as long as the aggregate amount of amendments does not exceed the amount budgeted for contingencies; motion carried 5:0. C5. SEWER LINERS: VARIOUS LOCATIONS PLANS,SPECIFICATIONS AND ESTIMATES. ACTION: Moved by Romero/Marx to 1) approve plans and specifications for"Sewer Liners: Various Locations, Specification No. 90025." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the budget of$195,000; motion carried 5:0. C6. APPROVE PLANS AND SPECIFICATIONS FOR WATERLINE IMPROVEMENT ON FELTON WAY AND ON ROUGEOT PLACE,SPECIFICATION No. 90031.) ACTION: Moved by Romero/Marx to 1) approve plans and specification for"Water Improvement Project: Felton Lane-Tassajara to Ferrini; Rougeout Place -Chorro to Westerly End,Specification No. 90031." 2) Authorize staff to advertise forbids. 3) Authorize the City Administrative Officer to award the construction contract if the accepted bid is within the engineer's estimate of$190,000; motion carried 5:0. C7. NORTH COUNTY WATER RESOURCES FORUM LOCAL OVERSIGHT COMMITTEE. ACTION: Moved by Romero/Marx to appoint the Utilities Director for the City of San Luis Obispo as the City's representative on the North County Water Resources Forum Local Oversight Committee; motion carried 5:0. C8. ENGINEERING AND DESIGN SERVICES FOR LAGUNA LIFT STATION AND FORCE MAIN. ACTION: Moved by Romero/Marx to approve the agreement with Brown and Caldwell Engineering in an amount not to exceed $207,000 for engineering design City Council Meeting Page 4 Tuesday,July 20, 1999-7:00 p.m. services for the Laguna lift station and force main upgrade and replacement project, and authorize the Mayor to execute the contract; motion carried 5:0. C9. CONTRACT WITH URS GREINER WOODWARD CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT. This matter was pulled for comment by Eric Greening,Atascadero resident,who summarized concerns he expressed in his letter to the Council (on file in the City Clerk's Office). He urged the Council to postpone the project, put copies of the documentation in North County libraries,and re-schedule the item to allow for additional public input. Phil Ashley concurred with Mr. Greening's comments. He felt the public needs more time to discuss the funding issues. Utilities Director Moss clarified that the Council is not being asked to approve the expansion project at this time. He pointed out that the consultant contract is for additional environmental study,including seismic assessment of the dam and added that there has been no change in strategy. Council Member Marx voiced concern about a state commission making decisions about Native American input and stated that she hopes the local Chumash community will have the opportunity to comment. Consultant Robert Ray,Grenier Woodward Clyde,assured the Council that the State will include appropriate consultation with all appropriate organizations. Attorney Jorgensen commented that the Council is on record to move forward with making the Salinas River Expansion Project a viable option and advised that proceeding with the feasibility studies is necessary and the next step. Eric Greening clarified that what he was asking for was a two to four week delay to notify and receive input from the North County. City Attorney Jorgensen emphasized that this item is an internal administrative contract matter that does not require a public hearing. He added that Exhibit C,which was inadvertently omitted from the Council packet, has now been distributed and recommended that the Council approve the Staffs Recommendation,as amended,to include Exhibit C. Council Member Marx proposed that a public hearing be held on the scoping document. Utilities Director Moss clarified the difference between the scope of services(of the consultant contract)and scoping hearings,which will come later with various components of the EIR and project review. Council Member Marx asserted that more public input should have been received. ACTION: Moved by Romero/Ewan to 1) approve the contract with URS Greiner Woodward Clyde for the Salinas Reservoir Expansion Project for a total compensation not to exceed $828,610. 2) Approve advancing project funding identified as second year Capital Improvement Project funding for this project in the amount of$351,200; motion carried 4:1 (Marx). C10. AGREEMENT FOR PROFESSIONAL SERVICES WITH ENVIRONMENTAL CENTER OF SAN LUIS OBISPO COUNTY(ECOSLO). Vice Mayor Romero pulled this item to request some assurance from the ECOSLO that they will follow the terms of the contract for the two-year period. He expressed concerns that this has not been the case in the past. Pat Veesart,Executive Director for ECOSLO,addressed concerns expressed regarding reporting requirements. He indicated a willingness to provide more information,if that is c�y City Council Meeting Page 5 Tuesday,July 20, 1999 -7:00 p.m. necessary. Vice Mayor Romero said he is interested in seeing what has been done for the City included in written reports. Amy Shores.Environmental Services Coordinator for ECOSLO,asked for specific direction about what isn't included. Vice Mayor Romero suggested that she work with Neil Havlik,Natural Resources Manager,to be more specific about programs for the City.Council Member Marx commented that many of the programs invite and include participation from others in addition to local residents. Council Member Schwartz provided a suggestion about how to organize the report. Vice Mayor Romero also expressed concern regarding the re-location of the office without Council approval,and voiced disapproval of the fact that the office is upstairs and not readily available to handicapped. Mr.Veesart noted that staff has always been apprised of their office location and works hard to accommodate anyone with any disability. Natural Resources Manager Havlik commented that it was his office that overlooked the reporting requirements, but once brought to his attention, ECOSLO rectified the problem. He stated that 40 out of 53 programs have direct impact on and for the City. Staff did not consider a move of a half a block a substantive move and,therefore,did not bring the matter to Council. ACTION: Moved by Settle/Marx to approve and authorize the Mayor to sign a two- year professional services agreement with the Environmental Center of San Luis Obispo County(ECOSLO),for public information and retainer services of up to $26,500 in 1999-2000 and$24,500 in 2000-2001,for a total of$51,000 over the two- year life of the agreement; motion carried 5:0. C11. AGREEMENT FOR PROFESSIONAL SERVICES WITH LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY. This matter was pulled for comment by Phil Ashley,who urged the Council to postpone action and set a public hearing. Natural Resources Manager Havlik commented in support of the staff's recommendation. Ray Belknap.Land Conservancy of SLO,spoke in favor of the recommendation. ACTION: Moved by Marx/Ewan to approve and authorize the Mayor to execute a two-year professional services agreement with the Land Conservancy of San Luis Obispo County,for continued professional services of up to$15,000 per year,for a total of$30,000 over the two-year life of the agreement; motion carried 5:0. C12. PROPERTY AT 1016 WALNUT STREET. ACTION: Moved by Romero/Marx to 1) approve purchase agreement and authorize City Administrative Officer to sign agreement and escrow document. 2) Appropriate an additional $54,500 for this purchase,which is the difference between the amount approved in the 1999-01 Financial Plan ($259,000) and the actual purchase price ($313,500). As set forth in the Financial Plan,this purchase will be debt financed; motion carried 5:0. C13. USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED PROMOTIONAL FUNDS. ACTION: Moved by Romero/Marx to allocate $2,500 of Enhanced Promotional Funds to pay the cost of direct expenses for a visitor profile survey. 2) Allocate$2,000 of Enhanced Promotional Funds to the Chamber of Commerce for the creation of a c/-S City Council Meeting Page 6 Tuesday,July 20, 1999-7:00 p.m. photo compact disk(CD)to be used for City tourism promotion. 3) Allocate$1,800 of Enhanced Promotional Funds to pay the cost of"virtual reality" on the Chamber of Commerce website; motion carried 5:0. COUNCIL LIAISON REPORTS SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY(SLORTA)/SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG). SLORTA and SLOCOG held a joint meeting on July 7, 1999. Vice Mayor Romero reported that the Cuesta Grade improvement contract has been awarded and construction will begin after the conclusion of the Mid State Fair. He also noted that the Cuesta Grade supplemental bus service will begin on August 9". SLOCOG has learned that cities in San Luis Obispo Country are evenly split over the amount of funds they want allocated to the Census Count. There may be some state funds available to augment local funding. SLOCOG staff is planning to modify their efforts to meet the desires of each agency in accordance with the funds available. INTEGRATED WASTE MANAGEMENT AUTHORITY MEETING (IWMA). Vice Mayor Romero reported on the July 14, 1999 meeting of the IWMA. He noted that waste diversion rates for 1998 have dropped for all agencies in the County due to the increased generation of waste caused by construction during these prosperous times. He also noted that the City may have difficulty meeting the 50% diversion rate by the year 2000. Currently IWMA staff is working with the state.Waste Board in an attempt to revise our base rate. Mayor Settle called a break at 8:45 p.m.for a break. He reconvened the meeting at 8:57 p.m. ---------- -------------------------------- PUBLIC HEARINGS 1. PREFUMO ARM-DREDGING PROJECT SPECIFICATION NO. 90026. City Engineer Peterson presented the staff report. Mayor Settle opened the public hearing. Brett Cross. 1217 Mariner's Cove,commented that the project would not be adequate to do what needs to be done at the lake. He suggested that,to re-establish the arm of the lake, that silt needs to be trapped closer to Los Osos Valley Road,willows removed,the arm widened and spoils dredged. He expressed concern about the decreased number of fish and wildlife habitat and urged the Council to give direction to staff to put together a study session to discuss what needs to be done at the lake. Harold Wright expressed concern that silt and vegetation buildup may cause flooding. He stated that staff should start dredging and move the project into the lake. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Ewan to 1) adopt Resolution No. 8953 approving a Mitigated Negative Declaration(ER 91-97)for"Creek Bank Repair Project, City Plans 90026." 2) Approve plans and specifications for"Prefumo Arm-Dredging Project, Specification No. 90026." 3) Authorize staff to advertise for bids for"Prefumo Arm- Dredging Project Specification No. 90026." 4) Authorize the City Administrative City Council Meeting Page 7 Tuesday,July 20, 1999 -7:00 p.m. Officer to award a contract to the lowest bidder if bids are within the budget of $90,000; motion carried 5:0. 2. REQUEST BY THE HOUSING AUTHORITY TO AMEND THE 1996 AND 1997 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS. Associate Planner Hook presented the staff report and responded to questions from Council. Mayor Settle opened the public hearing. There were no public comments. ACTION: Moved by Marx/Schwartz to approve the proposed amendments and forward the Council's funding recommendations to the Board of Supervisors; motion carried 5:0. 3. APPEAL OF USE PERMIT#A 32-99 ALLOWING POSSIBLE REPLACEMENT USES FOR AN EXISTING NON-CONFORMING USE AT 467 HILL STREET (FORMERLY KSBY STUDIO). Mayor Settle announced that Item#3 has been removed as the appellant has withdrawn the appeal. ACTION: Moved by Romero/Ewan to accept the withdrawal of the appeal; motion carried 5:0. COMMUNICATIONS There were no communication items. BUSINESS ITEM 4. BRIZZOLARA STREET SOUND WALL FEASIBILITY STUDY. Transportation Planner Sanville presented the staff report. Senior Consultant Pablo Deroux.Wilson, Ihrig &Associates, provided an in-depth overview of the Sound Wall Feasibility Study. Council questions followed. Wayne Mills,Environmental Engineer for CalTrans,described the retrofit soundwall program and noted that this soundwall was given number one priority by CalTrans. He noted that CalTrans may not approve a landscaped wall because of maintenance issues and described preferred design standards. In addition, he displayed a sample of a new construction material for this type of wall. Ron DeCarli. Executive Director of SLOCOG, discussed design and funding alternatives. Mayor Settle opened the meeting for public comment. Tom Lowell, property owner, spoke in favor of the soundwall,adding that the neighborhood needs the help now. Brett Cross. 1217 Mariners Cove, urged the Council not to build the soundwall. He stated that it would be too easy to build another one,and that he has concerns about aesthetics. He commented that he would prefer a retrofit project rather than the soundwall, particularly because it would be less costly. Mayor Settle returned discussion to the dais. City Council Meeting Page 8 Tuesday,July 20, 1999 -7:00 p.m. City Administrator Dunn recommended that the City attempt to get approval from CalTrans for the gabian wall (consultant's recommendation) and short of that a masonite wall that is consistent with CalTrans' standards. Ron DeCarli proposed that the Council challenge the CalTrans standard,and further,that the City find out what might be acceptable alternatives to CalTrans, including a landscaped wall. Council discussion followed. ACTION: Moved by Ewan/Marx to approve the staff recommendation,thereby supporting the construction of a 10-to-12-foot high,2,100 foot long landscaped wall along the southeastern edge of State Route 101 adjacent to Brizzolara Street; motion carried 5:0. There being no further business to come before the City Council, Mayor Settle urned the meeting at 11:30 p.m.to Tuesday,August 17, 1999 at 4:00 p in Council ha ber,990 Palm Street,San Luis Obispo. Lee Pri ;C. City Clerk APPROVED BY COUNCIL: 917199 LP:dr MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,AUGUST 17, 1999-.3:30 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,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, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Wendy George,Assistant to the CAO; Ron Wisenand, Development Review Manager; John Shoals,Associate Planner; Peggy Mandeville, Associate Planner; Pam Ricci,Associate Planner; Keith Opalewski, Parking Manager; Neil Havlik, Natural Resources Manager; John Mandeville, Long Range Planning Manager; Gary Henderson,Water Division Manager PUBLIC COMMENT Deborah Holley. Downtown Association,summarized her written response to a memo received by Council Member Ewan(both memos on file with the City Clerk) regarding the "Spare Change Program"(a fundraising program for the Prado Day Center). Eric Greening asked questions regarding Consent Agenda Item C-2.Water Division Manager Henderson responded. CONSENT AGENDA C1. APPROVE ECONOMIC VITALITY CORPORATION EVC AGREEMENTS. ACTION: Moved by Romero/Marx to 1) approve and authorize the Mayor to execute the 1999-00 EVC Agreement in the amount of$15,000 for Economic Development Services. 2) Approve and authorize the Mayor to execute the 1999-00 EVC Sub- recipient Agreement in the amount of$100,000 for Revolving Loan Fund (RLF) Services; motion carried 5:0. C2. CONTRACT WITH HATCH AND PARENT FOR LEGAL SERVICES RELATIVE TO SALINAS RESERVOIR WATER RIGHTS PERMIT. ACTION: Moved by Romero/Marx to 1)approve the contract with Hatch and Parent for legal services relative to the City's water rights permit for Salinas Reservoir for a City Council Meeting Page 2 Tuesday,August 17, 1999 -3:30 p.m. total compensation not to exceed $30,000. 2) Approve an additional $10,000 for contingencies and authorize the Utilities Director to increase the maximum compensation to include the approved contingency or a portion thereof if additional work is necessary above the current identified scope of services. 3) Approve advancing project funding identified as second year Capital Improvement Project funding for this project in the amount of$40,000; motion carried 5:0. C3. CONSIDERATION OF A REQUEST TO ABANDON A PUBLIC WAY BETWEEN 1890 AND 1900 SAN LUIS DRIVE (ABAN 108-98). ACTION: Moved by Romero/Marx to adopt Resolution No. 8954 with intention to abandon a public way between 1890 and 1900 San Luis Drive, and set a public hearing for September 21, 1999; motion carried 5:0. C4. CHANGE TO CITY/COUNTY LIBRARY JOINT POWERS AGREEMENT. ACTION: Moved by Romero/Marx to approve and authorize the Mayor to execute an amendment to the City/County Library Joint Powers Agreement to continue increased hours of operation on Wednesday evenings for the 1999-01 fiscal years, in exchange for annual payments of$13,300 and $13,700; motion carried 5:0. C5. EXTENSION OF LEASE AGREEMENT WITH KEN GLICK FOR CITY-OWNED PROPERTY IN STENNER CANYON. ACTION: Moved by Romero/Marx to approve an extension of the existing lease with Mr. Ken Glick for rental of City owned property in Stenner Creek Canyon,for the period September 1, 1999 to December 31, 1999,with provision for the City Administrative Officer to grant one additional extension to April 30,2000; motion carried 5:0. C6. APPOINTED OFFICIALS' EVALUATION. Council Member Schwartz pulled this item to request a minor amendment. ACTION: Moved by Romero/Marx to approve modifications, as amended,to the evaluation process for Appointed Officials as recommended by Brunner Consulting; motion carried 5:0. C7. PLANS AND SPECIFICATIONS FOR OCEANAIRE MANHOLE AND SEWERLINE. ACTION: Moved by Romero/Marx to 1) approve plans and specifications for "Oceanaire Manhole and Sewerline,Specification No.90022." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within budget; motion carried 5:0. C8. IMPLEMENTATION OF THE REPORTING OF EMPLOYER PAID-MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL. ACTION: Moved by Romero/Marx to adopt Resolution No. 8955 approving the reporting of the value of Employer-Paid Member Contributions as additional compensation for department heads and other management personnel; motion carried 5:0. BUSINESS ITEM City Council Meeting Page 3 Tuesday,August 17, 1999 -3:30 p.m. 1. RECOMMENDED ENHANCEMENTS FOR THE ART IN PUBLIC PLACES PROGRAM. Assistant to CAO George presented an in-depth staff report. Council Member Schwartz commented that the staff recommendation is too timid and summarized his memo making an alternative recommendation (on file with the City Clerk). Council discussion ensued. Council Member Schwartz read his proposed substitute motion (see memo). Mayor Settle opened the meeting for public comment. Shelly Stanwvck. Director of Governmental Affairs for the Chamber of Commerce and member of the Task Force,stated that the Chamber supports public art, but is uncomfortable with fees assessed on development for public art. She noted that the committee did not reach a consensus on that recommendation. Ann Ream. President of the SLO Arts Council and member of the task force, supports the recommendations. She noted that the Arts Council is continuing to work with the downtown, the City and Nation in their efforts to link web sites. She added that she supports Council Member Schwartz's recommendation that developers kick in for public art. Eric Greening spoke in support of the staff recommendations and alternative recommendations made by Council Member Schwartz. Jim Sargen, member of the focus group,responded to Council Member Schwartz's memo and emphasized that he was not a proponent for developer's paying their way. He proposed,that instead,the greater community at-large be asked to contribute. He asked the Council to look at other ways to encourage participation rather than by imposing a mandate. Mayor Settle returned discussion to the dais. ACTION: Moved by Marx/Ewan to 1) receive proposals from the Art in Public Places Focus Group and approve the staff recommendations for follow up actions, as modified. 2) Approve the staff recommendation that public art funding in the amounts indicated be included in the following Capital Improvement Plan projects scheduled for 1999-01 fiscal years: Laguna Lake Park Improvements($10,000), Downtown Restrooms($10,000),Sinsheimer Park Improvements($10,000),and Higuera Street Bridge($33,730); motion carried 5:0. PUBLIC HEARINGS 2. REQUEST TO AMEND THE SERVICE COMMERCIAL WITH SPECIAL CONSIDERATION (CSS)ZONING AT 791 ORCUTT ROAD TO ELIMINATE THE PREVIOUSLY APPROVED MASTER LIST OF ALLOWED AND CONDITIONALLY ALLOWED USES. Long Range Planning Manager Mandeville presented the staff report. Brief Council questions followed. Mayor Settle opened the public hearing. Garth Kornreicharchitect representing the property owne5 supports the staff recommendation. Mayor Settle closed the public hearing. CI-/I City Council Meeting Page 4 Tuesday,August 17, 1999 -3:30 p.m. ACTION: Moved by Romero/Ewan to introduce Ordinance No. 1354 amending the site's CSS zoning to eliminate the previously approved master list of allowed and conditionally allowed uses and adding "wildlife impacts as a result of human activity"as an issue to address as part of the site's Special Consideration zoning; motion carried 5:0. 3. PARK-IN-LIEU FEE UPDATE. Finance Director Statler presented the staff report. Mayor Settle opened the public hearing. There were no speakers. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 8956 updating park-in- lieu fees based on an analysis of current market values; motion carried 5:0. 4. SUBDIVISION OF A 14.66 ACRE SITE INTO 46 SINGLE FAMILY RESIDENTIAL LOTS AT THE SOUTH EAST CORNER OF FULLER ROAD AND BROAD STREET(TR/ER 166-98) (CONTINUED FROM JUNE 15- 1999). Long Range Planning Manaqer Mandeville presented the staff report. Mayor Settle opened the public hearing. Ray Blair.4300 Broad Street, indicated that he supports the staffs proposed solutions for his prior concerns regarding the property line and the family owned building on Fuller Road, currently within the property line. Staff was requested to be sure that the conditions of approval reflected the agreed upon solutions. Bob Fowler. R.W. Hertel & Sons, commented in favor of the staff recommendation. Ray Blair, speaking once more, revealed concern for the protection of wells on Fuller Road. Mayor Settle closed the public hearing. Council discussion followed regarding preservation of the creek. Bob Fowler, R.W. Hertel, indicated that his company would pay for and install a split rail fence along the creek. Community Development Director Jonas commented that staff's goal is to minimize public intrusion into the creek by consulting with the Natural Resource Manager and planting natural vegetation that will discourage intrusion. Discussion ensued regarding the proposed sidewalk requirement along Goldenrod. gty Administrator Dunn commented in support of preserving the sidewalk on both sides of the street. ACTION: Moved by Settle/Ewan to approve CAO recommendations; motion carried 5:0. ACTION: Moved by Settle/Ewan to adopt Resolution No. 8957 approving the Negative Declaration of Environmental Impact,with mitigation, and approving the tentative map,with conditions, as modified by confirming the retention of sidewalks on both sides,the installation by the developer of a split rail fence along the creek, to add conditions regarding change in right of way, attachment 6, and protection of wells, staff to work with Natural Resources Manager Havlik regarding landscaping with direction to include for consideration sycamore trees, as proposed by Council Member Schwartz; motion carried 5:0. City Council Meeting Page 5 Tuesday,August 17, 1999-3:30 p.m. Mayor Settle called a five minute break at 5:05 p.m. He reconvened the meeting at 5:20 p.m. COUNCIL LIAISON REPORTS ECONOMIC VITALITY CORPORATION (EVC). Council Member Schwartz reported that EVC needs to expand its membership and contributions. He also reported that the Union Oil Company will be paying the County of San Luis Obispo $1,000,000 in four annual payments of$250,000 for the oil spills. He noted that sometimes there are overlapping efforts by the EVC and individual cities. COUNCIL OF GOVERNMENTS/SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY. Vice Mayor Romero reported that the CalTrans Transportation Enhancement Grant of $83,000 has been approved for the undercrossing of the Highway 101 Project. State transportation funds have been allocated to construct the sound wall proposed along Brizzolara. Cal Poly has agreed to continue the Zero Fare Transit Program through the spring of 2000. COG staff is working with the National Park Service to establish signage and designation for the De Anza Trail. He also reported that the COG reviewed current legislative issues and a draft of the 98-99 annual report. NORTH COUNTY WATER ADVISORY COMMITTEE. Vice Mayor Romero reported on his attendance at the recent North County Water Advisory Committee. COUNCIL BENEFITS. Council Member Marx requested that the Council place the return of unused benefits for Council Members on a future agenda as a discussion item. City Administrative Officer Dunn will forward information and relevant history regarding this matter to Council. SATURN OFFER TO BUILD BASKETBALL COURT. City Administrative Officer Dunn reported on a communication he received from Pat Cusackowner of the local Saturn dealership,who offered to donate a community basketball court to the City. .Council referred Mr. Cusack's offer to staff for evaluation. ------------- PUBLIC COMMENT Richard Kreisa displayed an overhead transparency outlining a concern he has regarding the impact on the mini-eco system in the Ramona/Palomar Drive area by equipment and debris stored because of the fiber-optic cable system along Foothill Blvd. Staff agreed to look into the matter. PUBLIC HEARINGS 5. REVIEW OF A NEW PRELIMINARY DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL COAST MALL SITE(PD 87-99). Associate Planner Ricci presented the staff report. Mayor Settle opened the public hearing. L � � City Council Meeting Page 6 Tuesday,August 17, 1999 -3:30 p.m. Andy Trachman, representing the property owner, introduced Vic Montgomery of RRM Design,who provided an overview of the site plan and highlighted key components of the renovation design. He also responded to design concerns and suggestions proposed by Council Member Schwartz. Mr.Trachman reported that MBK has acquired 100% interest of what Mutual of New York owned in the past. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Romero to introduce Ordinance No. 1355 approving a negative declaration of environmental impact, and approving a preliminary development plan, based on findings, and with conditions, mitigation measures and code requirements; motion carried 5:0. 6. APPEAL OF THE PLANNING COMMISSION DECISION DENYING USE PERMIT U 28- 99 AND VARIANCE V 28-99 FOR A MULTI-LEVEL PARKING GARAGE AT THE NORTHERLY CORNER OF PACIFIC AND MORRO STREETS: 860 PACIFIC STREET. Associate Planner Shoals presented the staff report and summarized the key issues of debate: 1) building height exception,and 2)variances for street yards and lot coverage. Council questions followed. Mayor Settle opened the public hearing. Public Works Director McCluskey, appellant, summarized the history of.the project and noted that this is the twelfth Council meeting regarding this project. In response to Council inquiry, he demonstrated the net number of new spaces(232). He reported that the addition of office space to the structure design was a result of public input into the design. In support of the appeal, he noted the unique qualities of the project,emphasizing that the City is bound by the purchase and operating agreement with the US Postal Service. He submitted a copy of the agreement to the Clerk for the Record and urged adoption of the CAO recommendation. Fred Sweeneyarchitect, demonstrated the design by using overhead slides and spoke to the merits of the appeal. He concluded in support of the findings made by staff for the exceptions. City Administrator Dunn read a prepared statement(on file with the City Clerk) in support of his recommendation to deny the appeal and approve the use permit. Mayor Settle called for a break at 8:57 p.m. He reconvened the meeting at 9:15 p.m. and opened the floor for public testimony. Speaking in support of the appeal and in opposition to the proposed parking structure expansion: Stephen Peterson Kurt Mammen Stan Ryan Pat Veesart(speaking as the Executive Director of ECOSLO and on behalf of County Supervisor Peg Pinard) Michael Sullivan Richard Lee Gary Fowler Diane Putner. Palodromes Restaurant(who submitted a petition signed by 1,020 individuals in opposition to the parking structure expansion)(on file with the City Clerk) City Council Meeting Page 7 Tuesday,August 17, 1999 -3:30 p.m. Sarah Christa, Creston resident Brett Cross Sheila Baker Speaking in opposition to the parking structure expansion,cont'd: Laurence Holgate Richard Kreisa Elaine Simer Daniel Wescott Chuck Mendelson Chris Collins Ira Winn, also speaking on behalf of Eugene Jud Brian Christianson Speaking in opposition to the appeal, in support of approving the use permit and in favor of the garage expansion: Sam Blakeslee Wallace Henry Tom Martin, on behalf of Ted Frank owner of Tom's Toys Mary Mitchell-Leitcher,Soda Works Tom Swem, Downtown Association Parking Committee Chair Jeff Buckingham. Chair of Chamber Issues and Values and Committee Tom Copeland Ron Tilley Ryan Bolt Dave Cox,Vice-Chair of the Legislative/Economic Action Committee of the Chamber Mark Shaffer. Director of Ride-On Andrew Merriam Jim Buttery Jesse Norris Debby Nicklas, Chairman of the Board of the Chamber of Commerce Jim Sargen.The Forum on Marsh Vic Montgomery Doug Shawowner of the Sanctuary Tobacco Shop Marc Sargen, President of the Forum on Marsh Howard Franklin Mike Spangler(who also submitted a petition signed by 4,250 individuals and a letter signed by 120-130 business/property owners in support)(on file with the City Clerk) Deborah Holley. Downtown Association Administrator Teny Burrows Dave Garth. Executive Director of the Chamber of Commerce Other public comments: Richard Kranzdorf contended that the Planning Commission did not vote on the adequacy of the Supplemental Environment Impact Report(SEIR),and concluded that therefore it can not be discussed here tonight. He asserted that if the Council votes to approve the EIR this evening when the Planning Commission has not voted on the issue, there will be grounds for legal action. City Attorney Jorgensen advised the Council that the Planning Commission's role is advisory only and therefore any certification of the EIR/SEIR will be done by the Council. The Council, he added, has a legal obligation and the discretion to certify the document, if they find it adequate prior to project approval. He counseled that because the Planning Commission chose to take no action,that failure to take action does not prevent the Council from certifying the document. 12/-l1 City Council Meeting Page 8 Tuesday,August 17, 1999 -3:30 p.m. William "Bill"Walter, local attorney, summarized his comments regarding legal concerns set out in his letter to the Council (on file with the City Clerk). Mayor Settle closed the public hearing and called a break called at 11:35 p.m. The meeting was reconvened at 11:45 p.m. City Attorney Jorgensen prefaced his comments by noting that the letter submitted by William S. Walter, Esq.to the City outlining the legal issues has been entered into the record (on file with City Clerk). He emphasized that the issue before the Council this evening is whether or not the Council can make the necessary findings to approve the variance and use permit. He explained that the City,even though it may exempt itself from the effect of its own zoning regulations,attempted to closely follow its own regulations. (In support of that comment,the City Attorney entered into the record the following cases on point: Sunny Slope Water co. v. City of Pasadena and Bailey v. Los Angeles Countvl. He noted that the City's Zoning Ordinance (see Municipal Code -Chapter 17.60) provides a mechanism for granting exceptions to height and building setbacks, and further,that pursuant to Table 9, Footnote 13,where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted, upon approval of a use permit. The existing Marsh Street Garage does not meet strict setback requirements, he added, but the allowance was made according to that provision. He clarified that a strong argument can be made that a variance is not required under the City's Zoning Ordinance regulations and forwarded a copy of the report for approval of the original garage to the City Clerk to be included in the record. In conclusion, City Attorney Jorgensen emphasized that there is an important distinction to be made: State law does not apply to charter cities, unless the.charter city adopts them. The City of SLO has it's own regulations and they are different,and less strict,than the Government Code (§65906). If the Council chooses to uphold the appeal and make findings in support of that action, he recommended two modifications to strengthen Findings#1 and #2, as follows: Re: Finding#1: Add: "and d) a significant portion of the site is subject to the constraints of the Post Office Operating Agreement and Purchase Agreement". Re: Finding #2: Add: "and c)the Parking Structure is a unique type of public use, with unique constraints,which will benefit the general public, and will not set a precedent for other development in the area". Council comments followed: Council Member Ewan stated that the location is not the right place. While he supports the addition of office space,the project impacts the streetscape. He suggested that the office be pushed back into the structure to allow a landscape zone. Architect Fred Sweeney responded that the design can address the office space and bulb-outs. He noted that if the use permit is approved,the project will still go through the Architectural Review Commission approval process. Council Member Marx asked City Attorney Jorgensen if the Council has already made the decision to site the garage at the location. City Attorney Jorgensen replied that the policy decision was made by the previous City Council. The EIR was done based upon that policy decision, and on the basis of the EIR the City began to negotiate with the property owner to acquire the property. He added that alternatives were also considered on several occasions, in addition to the EIR. C/46 City Council Meeting Page 9 Tuesday,August 17, 1999-3:30 p.m. Council Member Marx commented that the location is a big consideration for her as a decision-maker. She observed that the Palm Street structure is only 70-80%full, and 30%of the spaces in the Marsh Street are devoted to long-term parking (82 spaces used by employees). She suggested that these long-term parking spaces be moved to Palm Street to free up the spaces on Marsh Street and fully utilize the Palm Street structure. In addition, she suggested that the EIR be returned to the Planning Commission for their full review. Vice Mayor Romero spoke in support of the previous Council's decision and pointed out that the decision was made several years ago and verified 10 to 11 times throughout the process. He asserted that parking structures do not create traffic, they reduce it. He argued that the Palm Street is often full and that the structure is critical to the needs of downtown. He added that the height exception has precedence in the same block and emphasized that the exceptions proposed can be made because they are for a public purpose.Vice Mayor Romero indicated that he does have some concerns regarding the pedestrian bridge and urged staff to raising it to a higher level. In addition, he expressed concern regarding vandalism. Vice Mayor Romero also pointed out that the mitigation measure relating to a signal at the Marsh Street/Downtown Centre crosswalk, previously addressed in the EIR, has been eliminated in the SEIR. He noted that the peak hours of the day were not studied and proposed that before the Council takes action on the SEIR, that it eliminate the change to remove the signal. Council Member Schwartz spoke in favor of the recommendation to deny the appeal and approve the variances and use permit. He asserted that he believes the Planning Commission misread the Zoning Ordinance and argued that public parking is a principal use and that deviations for building height and setbacks are acceptable. Mayor Settle commented in support of constructing the garage at the proposed location. He argued that the Council has the ability to make the exceptions and can make the findings. ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No. 8958 certifying the Environmental Impact Report Supplement(EIRS) as being prepared in compliance with the California Environmental Quality Act(CEQA). 2) Find that the additional proposed property acquisition conforms with the General Plan. 3) Adopt Resolution No. 8959 upholding the appeal and approving use permit U 28-99, to allow a multi-level parking structure in the Central Commercial (C-C) and Office (0) zones with the building height exception to allow a 44 ft. tall building and a 52 ft. tall elevator tower, a variance to allow a reduced street yard from 15 ft. to 0 ft. for the offices,and a variance to allow 80% lot coverage based on findings and subject to the conditions and code requirements listed in Draft Resolution "B"; motion carried 3:2 (Ewan and Marx). Vice Mayor Romero reiterated his desire to discuss the traffic signal at the Marsh Street/Downtown Center crosswalk. City Attorney Jorgensen suggested that Council give consideration to this issue at another time. The conduit is in and the issue is one the Council can always entertain, he added. ACTION: Moved by Romero/Settle to, prior to approval of the plans and specifications for the parking garage, direct staff to return to the City Council with an updated evaluation of the need for the traffic signal at the Marsh Street/Downtown Centre crosswalk; motion carried 5:0. There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 12:58 a.m.to Tuesday,September 7, 1999 at 7:00 p.m. in the Council Chamber,990 Palm Street,San Luis Obispo. City Councq Meeting = Page 10 Tuesday, ust ,-1 3:30 prin. Lee Price, C.M.C. - - — City Clerk APPROVED BY COUNCIL: .917/.99 LP:dr I