HomeMy WebLinkAbout10/19/1999, C1 - MINUTES OF: 1 Meeuog Det --- —
Couna L 10-19-99
acEnas wpoM C1 - - -
CITY OF SAN LUIS O B I S P O
FROM: Lee Price, City Clerk
SUBJECT: MINUTES OF:
September 7, 1999
September 21, 1999
October 5, 1999
C1-1
MEETING AGENDA
DATE /� q 9 ITEM #
MINUTES --�
STUDY SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY,SEPTEMBER 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 and Wendy George,Assistant
to the CAO
STUDY SESSION
1. CONCEPT FOR THE COURT STREET-PALM/MORRO AREA.
The Council received a presentation by Tom and Jim Copeland of San Luis Obispo of
"Chinatown-Court Street, Unpaving Paradise", a concept for developing the Court Street-
Palm/Morro Area. Mark Rawson,APS Architects Inc., provided an overview of the proposal,
which would include a mixed use of retail, residential, public office space and parking.Joe
Scanoa. Calthorpe Associates, presented some slides of other cities with similar design
concepts to demonstrate the vision. Pierre Rademaker of Pierre Rademaker Design was
also on hand to respond to questions.
Mayor Settle opened the meeting for public comment.
Brian Reynolds. County Library Director, asked the Council to allow the County to be
involved in the planning process. He indicated that the County would like the opportunity
to free up more library space on the top floor of the library,which is now being used for
administrative uses,and would be interested in considering moving the administrative
offices next door.
Pat Veesart. Director of ECOSLO,commented that he is excited about the project and
hopes the Council will support moving forward. He noted that his only concern is the fast
time-line proposed to complete the project and urged the Council to ensure meaningful
public input.
David Blakeley observed that the project is consistent with the vision of downtown and is a
good example of smart growth with compact urban form and mixed uses. He also
recommended that the Council seek public input.
Deborah Holley, Downtown Association Administrator, commented that the Board of
Directors supports the proposal and the time-line.
Andrew Merriam strongly urged support by the Council, adding that the Downtown Centre
is proof that the Copelands can complete the project.
C/-1
City Council Meeting Page 2
Monday,September 20, 1999 -7:00 p.m.
Michael Nuno, Garden Street property owner,said he was impressed particularly with the
mixed uses and emphasis for Chinatown theme.
Dave Garth. Chamber Director, stated that the Board feels the project is consistent with
many policies developed by the economic development team. He added that mixed use in
the downtown area is critical to viability and emphasized that government offices should
remain in the downtown.
Nancy Howard Scott, Director of County Museum, spoke in support of the vision.
Wayne Watson. local physician and grandson of Ah Louis,expressed appreciation for the
Chinatown theme. He reported that the Chinese community is very much in favor of the
proposal and encourages the Council to proceed.
John Gono. President of Chinese Professional Association,expressed support but pointed
out that the Association is concerned about adequate parking. He suggested that the Palm
St. Parking Structure support the retail area and that another structure should be establish
at another location.
Steve Yung. Palm Street property owner,voiced support and urged the Council to proceed
with the 120 day study period requested by the Copelands.
Professor David Brody asked if the proposal is a reaction to the proposed development
south of downtown and whether there is enough retail square footage in the proposal to
counter that development. He encouraged the Council to proceed quickly.
Fred Sweeney. architect, observed that the government office space component is an
important one.
Randy Podel commented in favor of the proposal and urged the Council to consider zoning
on the outskirts of town to prevent a draw away from the downtown.
Mayor Settle returned discussion to the dais. Council questions followed.
In response to query from Council Member Schwartz, Pierre Rademaker noted that the
proposal does not suggest any changes to the Downtown Physical Concept Plan.
Council Member Schwartz noted that a quick accommodation will be necessary for City
offices currently located at 955 Morro Street. He suggested that consideration be given to
whether the property presently owned by Steve Yung should be included in the project. He
also recommended that some consideration be given to a pedestrian passageway in the
vicinity of Court Street and the proposed parking facility. In general, he commented that he
supports the proposal.
Mark Rawson, in response to inquiry by Council Member Ewan, outlined the public
involvement process. He indicated that there would be public workshops held to allow the
community the opportunity to provide input on the project. A series of workshops are
envisioned to develop design alternatives and get feedback.
Council Member Marx asked if there are any plans to tear down the two existing buildings
on Palm Street owned by Steve Yung. Joe Scanga replied that there was not.
Vice Mayor Romero spoke in favor of moving ahead but cautioned that the process will take
more time than what is proposed because of the complexity of issues. He suggested
preliminary plans to expand City Hall will have to be re-thought and consideration given to
C�-Z
City Council Meeting Page 3
Monday,September 20, 1999-7:00 p.m.
another location for the Public Works Department. He voiced disappointment about the fact
that the property owned by Steve Yung is not included.
Council Member Ewan expressed support for the concept as it will create a civic center,
better utilize space, increase sales tax revenue, help fund parking demand reduction,and
provide innovative mixed use with no City funding.
Council Member Marx voiced approval and urged outreach to the Chinese community for
their input.
Mayor Settle emphasized the need to move immediately with public workshops, including
going into the neighborhoods.
CAO Dunn outlined the major land use and planning issues:
1. Consistency and relationship with adopted City Plans(General Plan, Downtown
Plan and others).
2. Approval of site plans
3. Examination of relevant City policies:
a) Exclusive negotiations vs. open and competitive process
b) City property management policies and procedures
C) Long-term Civic Center/City Hall expansion goals
d) A number of parking issues
e) Coordination with the Higuera Street Bridge project
f) Resolution of San Luis Creek/Court Street issue
g) Separation of City's regulatory vs. proprietary roles
h) Sale vs. ground lease of City properties
i) Who negotiates for the City?
j) Who pays for the cost of negotiations?
k) Is the proposed time frame realistic in terms of policy issues needing
resolution and defined public agency review processes?
1) Is there consistency with historicallarchitectural qualities of the area?
The CAO then outlined the recommended next steps, as follows: 1) Direct staff to return to
Council on October 19th with a report addressing the narrow question of: Should the City
enter into "exclusive negotiations"(as requested) or proceed through a formal request for
proposals(existing City policy)? At the same time,the City would "introduce" (but not
resolve)other policy issues needing subsequent resolution. 2) Direct staff to bring other
issues needing addressing back at a later Council meeting (after 10/19/99): This will include
thoughts and suggestions on how to approach discussions and proceed with the review of
the proposal.
ACTION: Moved by Schwartz/Ewan to direct staff to proceed with the next steps,as
recommended; motion carried 5:0.
There being no further business to come before the City Council, a or ettle adjourned the
meeting at 8:45 p.m.to Tuesday,September 21, 199?at 4- m. nth ouncil Chamber,990
Palm Street,San Luis Obispo. r)�
e ice,C.M.C.
City Clerk
APPROVED BY COUNCIL: 10/19/99
N
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 21, 1999-4:00 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
Capital Improvement Board
Present: Members John Ewan,Jan Howell Marx, Ken Schwartz, Dave Romero,
and 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; Bill Statler, Finance Director; Ann Slate,
Human Resources Director; Jim Gardiner, Police Chief; Bob
Neumann, Fire Chief; Tim Bochum, Deputy Public Works Director;
Wayne Peterson, City Engineer; Paul LeSage, Parks and Recreation
Director; Wendy George,Assistant to the CAO; Ron Munds,Solid
Waste Coordinator; Barbara Lynch, Supervising Civil Engineer
PRESENTATION
P1. POLLUTION PREVENTION WEEK PROCLAMATION,
Mayor Settle prevented the proclamation to Bob Carr of the APCD and who serves as member
of the Pollution Prevention Committee.
CONSENT AGENDA
C1. COUNCIL MINUTES.
Tuesday, September 7, 1999
ACTION: Moved by Romero/Marx to approve as submitted; motion carried 5:0.
C2. REQUEST FOR PROPOSALS FOR CITY ADVERTISING EFFECTIVENESS STUDY
CONSULTANT.
ACTION: Moved by Romero/Marx to 1) approve the Request for Proposals (RFP)
prepared by the Promotional Coordinating Committee (PCC)for a tourism
advertising conversion study and authorize soliciting of proposals. 2) Authorize
contract award by the City Administrative Officer if selected proposal is within the
available budget of$15,000; motion carried 5:0.
City Council Meeting Page 2
Tuesday, September 21, 1999 -4:00 p.m.
C3. PARK NAMING REQUEST(DAMON-GARCIA SPORTS FIELD).
This item was pulled by Council Member Schwartz,who suggested another name for the
sports fields.
ACTION: Moved by Romero/Marx to 1) name the Sports Fields Complex: City of
San Luis Obispo Damon-Garcia Sports Fields; motion carried 5:0.
C4. USE OF COUNCIL CHAMBER BY FIRST NIGHT SAN LUIS OBISPO.
ACTION: Moved by Romero/Marx to 1) authorize the First Night San Luis Obispo
organization to use the Council Chamber on December 31, 1999,with limitations on
the type of entertainment, prohibition of food or beverages and appropriate level of
event supervision. 2) Authorize the City Administrative Officer to approve future
requests by First Night San Luis Obispo to use the Council Chamber for its New
Year's Eve event; motion carried 5:0.
C5. APPROVAL OF USES FOR THREE CITY-OWNED HISTORIC ADOBES.
ACTION: Moved by Romero/Marx to approve the recommendation of the Cultural
Heritage Committee that the City's three historic adobes be restored for use in the
following manner: 1) La Loma de la Nopalera Adobe-museum and display space
with exhibits emphasizing the Mexican and early American periods. 2) Rodriquez
Adobe -museum and display space; neighborhood community building. 3) Rosa
Butron de Canet de Simmler Adobe-museum and display space; meeting spaces; a
caretaker residence; and gardens for weddings, barbecues,etc; motion carried 5:0.
C6. TEMPORARY EMPLOYEE POLICY.
ACTION: Moved by Romero/Marx to 1) adopt an expanded Temporary Employee
Policy providing for hourly wage increases, limited benefits,and promotional
opportunities. 2) Appropriate$6,900 to fund this expanded policy in 1999-00 and
$13,900 in 2000-01; motion carried 5:0.
BUSINESS ITEMS
Mayor Settle adjourned the Regular City Council Meeting and called to order the meeting of
the Capital Improvement Board at 4:10 p.m.
1. MEETING OF THE CAPITAL IMPROVEMENT BOARD APPROVING THE 1999 LEASE
REVENUE BONDS.
Finance Director Statler presented the staff report. Brief Council questions followed.
ACTION: Moved by Marx/Romero to 1)approve the minutes of the meeting held on
June 1, 1999. 2) Adopt Resolution No. 8966 approving the sale of the 1999 Lease
Revenue Bonds; motion carried 5:0.
At 4:20 p.m.,the Capital Improvement Board President adjourned the meeting. Mayor Settle
reconvened the Council meeting.
C/-S
City Council Meeting Page 3
Tuesday,September 21, 1999 -4:00 p.m.
2. 1999 LEASE REVENUE BONDS.
ACTION: Moved by Ewan/Schwartz to approve the 1999 Lease Revenue Bond
Program by introducing Ordinance No. 1357 approving the sale and leaseback of
property between the City and the San Luis Obispo Capital Improvement Board
(Board). These agreements will serve as collateral for the bonds that will be issued
by the Board; motion carried 5:0.
3. HIGUERA STREET AND OSOS STREET WIDENED SIDEWALKS.
Civil Engineer Lynch provided the staff report. It was also reported that staff had recently
met with members of the Downtown Association Parking Committee who had concerns
about the staff recommendation. A compromise solution was discussed and, as a result,
staff presented a modified recommendation.
Public Comment
Joe Deluciaproperty owner(Thai Classic restaurant, adjacent hair salon and artist
workshop),argued that he had not been consulted on the compromise solution and the
result would essentially cut his property out of the project. He emphasized that he wants to
be involved and will contribute money to the project. He said he could endorse the loss of
seven parking spaces, but only if it is an equitable arrangement.
Mike Spangler urged the preservation of parking in the downtown and the protection of the
Parking Enterprise Fund. He suggested a condition which would have property owners,
including the City, contribute to the Parking Fund for any metered spaces lost(for any use:
widening, red curbing,etc.). He said he supports the four bulb-outs, the widening at
Firestone Grill (with a loss of 5-7 spaces), and no widening on Higuera.
Tom Swem. Downtown Association Parking Committee, provided background for the
modifications proposed. He reported that the Association wants to be a part of the
development of the policy about how to address loss of parking and have input any time
parking is in jeopardy.
End of public testimony.
Council discussion followed.
ACTION: Moved by Schwartz/Ewan to direct staff to engineer the deck of the bridge
to include a widened sidewalk along Higuera from Osos to the edge of Mo's
allowing for a driveway access to Court Street,the four corner bulbouts, partial
street widening on Osos as recommended by staff,and further,to recommend to
the Downtown Association that they come back to the Council with a draft policy
regarding in-lieu payment by property owners for metered spaces lost and
regulations for the use of the sidewalk within 60 days; motion carried 4:1 (Romero).
Note: The Council deferred approval of widened sidewalks in front of any restaurants until
after review of the draft policy. Engineering staff indicated that widened sidewalks could be
incorporated into the project by change order.
PUBLIC HEARING
4. EXPENDITURE OF STATE PUBLIC SAFETY GRANT FUNDS.
City Council Meeting Page 4
Tuesday,September 21, 1999-4:00 p.m.
Police Chief Gardner presented the staff report. There were no comments from Council or
the public.
ACTION: Moved by Romero/Marx to adopt Resolution No. 8967 approving an
expenditure of$95,153 from the 1999-00 State Budget Grant to fund the salary and
benefits for a Field Services Technician position and to assist in funding the Mobile
Data Computers project as recommended by the Chief of Police; motion carried 5:0.
COUNCIL LIAISON REPORTS
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY(SLORTA)
Vice Mayor Romero reported that SLORTA agreed to abandon the Request for Proposal
process for consolidated contracts of transit services providers. The Board gave direction
to staff to prepare contracts with the current providers for continuation of service for an
additional six months.
COUNCIL OF GOVERNMENTS (COG)
Vice Mayor Romero reported that COG agreed to establish a steering committee to review
local sales tax options for transportation improvements in anticipation of a statewide
initiative measure due to the Assembly's failure to approve SCA-3.
He also noted that Sen. O'Connell has requested State forgiveness of$400,000 advanced to
COG for the call box program. If successful,funds will be available to complete the
program on all state highway routes within the County.
INTEGRATED WASTE MANAGEMENT AUTHORITY(IWMA)
Vice Mayor Romero reported that IWMA received a report indicating that it is probable that
the County can reach the 50%diversion rate mandated by AB 939 by making 1998 (rather
than 1990)the base year. Despite the fact that Cal Poly,the California Men's Colony,
Cuesta College and schools(which are exempt from the 50%diversion requirement) are
included in the diversion figures.
ECONOMIC OPPORTUNITY COMMISSION (EOC)
Council Member Marx reported that she wrote a letter urging the Governor to reconsider his
decision to veto appropriations of$15,000,000 for CaIWORKS. She explained that this will
have an adverse effect on EOC.
COMMUNICATIONS
Vice Mayor Romero asked Council to direct staff to fill the City Transit Manager position
quickly as possible in order to overcome political differences occurring on the San Luis
Obispo Regional Transit Authority. Council requested that staff return to Council with a
report.
Council Member Ewan wants to seek funding on the State and Federal level to improve
traffic circulation on the west side of the City by building a grade separation on Orcutt
Road. Council requested an informational report, but not as part of the Prado Road
Extension Study.
Mayor Settle encouraged staff to keep Council informed of any anticipated requirements
needed to move the Chinatown/Court Street project forward. City Administrative Officer
City Council Meeting Page 5
Tuesday,September 21, 1999 -4:00 p.m.
Dunn noted that it may be necessary to request funding for consultants,and if so,staff will
return to Council for approval.
Mayor Settle expressed his hope that a member of staff would be attending the North
County water issues meeting this evening. City Administrative Officer Dunn reported that a
Utilities Department representative would try to be present.
Called a dinner break at 6:04 p.m. Reconvened at 7:00 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code§54956.8
Property: Lathrop Property, Broad Street
Negotiating Parties: City of San Luis Obispo:
Paul LeSage
Property Owner Representative:
John Rosetti
Negotiation: Whether to Negotiate/Acquire
City Attorney Jorgensen reported that the Council authorized further negotiations.
PUBLIC COMMENT
There were no public comments.
BUSINESS ITEM
5. SAN LUIS MARKETPLACE MEMORANDUM OF UNDERSTANDING (MOU).
Mayor Settle clarified for the public the agenda item and emphasized that the Council would
not be taking any action tonight on the project,which has not yet gone through the design
and development review process. CAO Dunn provided the introduction to the staff report.
ACAO Hamaian provided background and an overview of the current land use, proposed
Prado Road interchange,the proposed site plan and the open space component. Finance
Director Statler presented the key deal points of the MOU. Consultant Kotin(PCR Kotin)
provided the strategic overview,the implications to SLO,comparisons to transactions in
other communities,and developer financial capacity.
Council questions followed.
Mayor Settle opened the meeting for public comment.
Andrew Merriam.(Canon Associates)applicant's representative,summarized the benefits to
the City of the proposed interchange and the conceptual proposal for development and open
space dedication.
Kevin Bird,developer, provided an overview of the financial capacity of the San Luis
Marketplace and SLO Marketplace Associates,the financial backers of the project. He
City Council Meeting Page 6
Tuesday,September 211, 1999-4:00 p.m.
introduced team members,including representatives from perspective tenants(Lowe's Home
Improvement and Target).
Tom Jirovskv provided an overview of the Mello-Roos District bond financing and provided
projections.
Speaking in support of approving the MOU,the proposed overpass and/or the proposed San
Luis Marketplace project:
Matt Maffev. Paso Robles Target Store
Daryll Jord.Lowe's Home Improvement
Scott Dabneyfinancial investor
Ernie Dalidio,property owner
Bob Hather,3575 Sequoia Drive
Chuck Haley of SLO
Julie Tetrault Paso Robles Target employee,North County resident
Bob Franklin.SLO business owner,Templeton resident
Steve Souza.Santa Maria resident and property owner in airport area of SLO
Mel Lininger of SLO
Jacqueline Piper.Mervyns'manager and SLO property owner
Carol Hathaway of SLO
Dan Hathaway of SLO
Jack Dewar of SLO
Dale Kinnv Florence Street resident
Steve Victor.Morro Bay resident
Monica Ohlausen. Morro Bay resident
Cayetano Moreno Los Osos resident,Elks Lane property owner
Jeanette Etchebehere.SLO
Chris Moreno,Cuesta College student and support of the Green Belt Project
Penny Raaaa. Fuller Street resident
Kristie Dalidio turned in a petition signed by supports and postcard representing a 9%
response to a direct mailer.
Steve Gran of SLO
Tom Murrell.Pismo Beach resident
Joe DeLucia.139 Longview Lane in SLO
Gale Gascho,Edna Valley resident
Jacqueline Whiteside.SLO resident
Diane Behn.SLO resident
Wendy Scalice.Atascadero resident,SLO business owner
Ron Pusconi.SLO resident
Jack Cashen.SLO resident
Mike Ehbear,Paso Robles resident
David Nord.SLO resident and business owner at 56 Prado Road
Roy Garcia
Speaking in opposition to approving the MOU,the proposed overpass and/or the proposed
San Luis Marketplace project:
Pat Veesart, Executive Director of ECOSLO
Kurt Mammen.SLO resident
Michael Sullivan 1127 Seaward Street
Marie Dickson.Oceanaire Drive in SLO
Peggy Koten,SLO resident
Professor David Brody
Jim Bailey.SLO resident
Evie Hill.SLO resident
City Council Meeting Page 7
Tuesday, September 21, 1999 -4:00 p.m.
Orval Osborne.SLO resident
Ella Honeycuttresident of AG and Director of the Coastal San Luis Conservation District,
read into the record a prepared statement seeking permanent preservation of seventy acres of
the property(letter on file with the City Clerk).
Applicant representatives,Andrew Merriam,and Kevin Bird addressed some of the comments
made by the public and provided closing comments.
End of public testimony.
At the request of Mayor Settle.City Attorney Jorgensen provided clarification about the MOU
and addressed comments made by the public regarding CEQA and environmental review. He
explained that there will be a full environmental impact review completed before the project is
approved and noted that the MOU is non-binding. He commented that the City wants to be
sure that if the project is approved,there is a means to build the interchange. The developer
wants some assurances before they make further financial investment. City Attorney
Jorgensen suggested that Paragraph 9 of the MOU (page 5-27 of the staff report)be modified,
to include the language: "which includes the Prado Road interchange." Michael Moms,
Dalidio family attorney, indicated approval of the additional language.
Lengthy Council discussion followed. Vice Mayor Romero spoke in favor of the MOU.
Council Member Ewan spoke in opposition to the MOU because it provides the developer with
a subsidy but requires that others kick in their share for the interchange. He argued that he
cannot support giving away sales tax money to support one developer over another.
Council Member Marx used overhead transparencies to illustrate the number of concerns she
has regarding the MOU (points on file with the City Clerk). She argued that the open space
dedication is not adequate per the General Plan. She spoke in opposition to the project and
the interchange and in favor of maintaining the land as agriculture.
City Attorney Jorgensen advised that frame work for working out open space agreements is
contained in the General Plan and noted that the Council will have more opportunity to review
and refine the proposal during land use/environmental review and the development of the
Development Agreement.
Council Member Schwartz spoke in support of the marketplace concept and the interchange.
He indicated he was in favor of moving to the next stage by approving the staff
recommendation.
Mayor Settle commented that the project is in the County and that it must first be annexed to
the City. He emphasized that the Dalidio family is not being forced to annex and argued that
the MOU provides that they build the interchange,consistent with the Circulation's Element
goal to provide a link. The development of the property,he concluded,should occur within
the City where it can better managed.
ACTJON: Moved by Romero/Schwartz to 1) approve a Memorandum of
Understanding (MOU)with San Luis Obispo Marketplace Associates, LLC,and the
Dalidio Family Laguna Ranch as amended to include the following language on
page 15, paragraph 9,sentence 3: ...between the parties, "which include the Prado
Road interchange, it shall...; motion carried 3:2 (Ewan, Marx). 2) Adopt Resolution
No. 8968 a resolution of intention to issue Mello-Ross District bonds in order to
finance the interchange; motion carried 3:2(Marx, Ewan).
Y
City Council Meeting Page 8
Tuesday, September 21, 1999-4:00 p.m.
PUBLIC HEARING
6. ABANDONMENT OF A TEN-FOOT-WIDE PUBLIC WAY AT 1890 AND 1900 SAN LUIS
DRIVE.
Public Works Director McCluskey and Supervising Civil Engineer Kenny reviewed the staff
report.
ACTION: By mutual consent,this item was continued to October 5, 1999,at the
request of staff.
There being no further business to come before the City Council, Ma or Se e a ourned the
meeting at 11:05 p.m.to Tuesday,October 5, 1999 at 0 p in a Coun it C mber,990
Palm Street,San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 10/19/99
LP:dr
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 5, 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; John Shoals,Associate Planner; Glen Matteson,Associate
Planner; Jerry Kenny, Supervising Civil Engineer; Ron Whisenand,
Development Review Manager
_._. CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code§54956.8
Property: Morganti Property on Los Osos Valley Road at Foothill
Negotiating Parties: City of San Luis Obispo: Neil Havlik
Property Owner Representative: Keith George
Negotiation: Whether to Negotiate/Acquire
City Attorney Jorgensen reported that the Council authorized further negotiations.
PUBLIC COMMENT
Susie Winkle complained that restricted hours for parking in the downtown during the early
morning hours has resulted in her receiving numerous parking tickets. She asked Council to
consider modifications to the hours and/or allow her to pay a special parking permit fee.
Council directed Parking Division staff to contact the speaker.
Leo Pinard addressed concerns regarding traffic operations at Buchon and Broad and
parking in the nearby neighborhoods.
City Council Meeting Page 2
Tuesday, October 5, 1999 -7:00 p.m.
PRESENTATIONS
P1. EMPLOYEE SUGGESTION AWARD.
ACTION: Mayor Settle presented Employee Suggestion Awards to Eldon Hasseler
and Glenn Lubak of the Utilities Department in appreciation for cost saving
solutions at the Water Reclamation Facility.
P2. NATIONAL DENTAL HYGIENE MONTH.
ACTION: Mayor Settle presented a proclamation to Ann Havlik.Trustee of Central
Coast Hygienists'Society, recognizing October as National Hygiene Month.
P3. NATIONAL PHILANTHROPY DAY.
ACTION: Mayor Settle presented a proclamation to Bette Kula.President of Phi Mu
Fraternity Alumnae Chapter,in recognition of October 18, 1999 as National
Philanthropy Day.
P4. CULTURAL HERITAGE COMMITTEE (CHC) SPECIAL REPORT ON STATUS OF
HISTORIC RESOURCES AT YEAR 2000.
ACTION: Continued to a date uncertain.
CONSENT AGENDA
Vice Mayor Romero pulled items 8 and 10 for discussion.
C1. AMENDMENT NO. 6 TO THE CORPS OF ENGINEERS LICENSE FOR SALINAS
RESERVOIR.
ACTION: Moved by Schwartz/Marx to approve Amendment No. 6 and authorize the
Mayor to sign the amendment between the City of San Luis Obispo and the U.S.
Army Corps of Engineers; motion carried 5:0.
C2. FINAL PASSAGE OF ORDINANCE NO. 1356 TO IMPLEMENT LEVEL 4 1959
SURVIVOR BENEFIT AND MILITARY SERVICE AS PUBLIC SERVICE FOR MEMBERS
OF CALPERS.
ACTION: Moved by Schwartz[Marx to grant final passage to Ordinance No. 1356;
motion carried 5:0.
C3. REQUEST FOR PROPOSAL FOR COST OF SERVICES STUDY.
ACTION: Moved by Schwartz/Marx to approve the request for proposals(RFP)for
preparing a comprehensive cost of services study; and authorize the City
Administrative Officer to award the contract if the best overall proposal is within the
approved budget of$47,500 for this project; motion carried 5:0.
C4. FINAL PASSAGE OF ORDINANCE NO. 1357 APPROVING SALE AND LEASEBACK
OF PROPERTY BETWEEN THE CITY AND THE SAN LUIS OBISPO CAPITAL
IMPROVEMENT BOARD.
L/-/3
City Council Meeting Page 3
Tuesday,October 5, 1999-7:00 p.m.
ACTION: Moved by Schwartz/Marx to grant final passage to Ordinance No. 1357;
motion carried 5:0.
C5. PURCHASE OF BARRICADES FOR SECURITY AT CITY-WIDE SPECIAL EVENTS.
ACTION: Moved by Schwartz/Marx to 1) approve an expenditure of$21,500 from the
unappropriated General Fund balance for the purchase of 200,20-foot metal
barricades. 2) Authorize a single source purchase of the materials; motion carried
5:0.
C6. ANNUAL LEAGUE CONFERENCE RESOLUTIONS.
ACTION: Moved by Schwartz/Marx to authorize the voting delegate to support the
resolutions as submitted, unless Council provides alternate direction; motion
carried 5:0.
C7. USE OF STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDING
FOR THE BRIZZOLARA STREET SOUND WALL PROJECT.
ACTION: Moved by Schwartz/Marx to direct the City's San Luis Obispo Council of
Governments(SLOCOG) Board Delegate (Vice Mayor Romero) to strongly advocate
support for SLOCOG's previous action to appropriate$500,000 of Regional STIP
funds toward the Brizzolara Street Sound Wall Project; motion carried 5:0.
C8. BOB JONES CITY-TO-SEA BIKE TRAIL AND RAILROAD RECREATIONAL TRAIL
PLANNING-REQUEST FOR PROPOSALS (SPECIFICATION NUMBERS 90084 AND
90087).
Vice Mayor Romero pulled this item to comment that Zone 9 is presently in the process of
preparing a Master Drainage Study of the area. He suggested that because there may be
widening of the creeks,the consultant for the bikeway project should coordinate the plan with
the consultant for the Zone 9 study. Public Works Director McCluskey assured the Council
that there would be coordination.
ACTION: Moved by Romero/Schwartz to 1)appropriate$25,000,from the
unappropriated General Fund balance to supplement the existing budget for these
projects. 2) Authorize the Public Works Department to distribute the Request for
Proposals and the City Administrative Officer to select and execute a contract with a
qualified consultant if the proposal amount is within budget($140,000); motion carried
5:0.
C9. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY.
ACTION: Moved by Schwartz/Marx to authorize staff to request proposals for a
feasibility study for the Stenner Canyon Hydroelectric Plant, and authorize the City
Administrative Officer to execute an agreement with the selected consultant if
proposal is within the approved budget amount; motion carried 5:0.
C10. TRANSPORTATION GRANT APPLICATIONS.
Vice Mayor Romero pulled this item to note an inconsistency in the staff report and asked
staff to clarify the streets that would be reconstructed with STIP funds. Public Works Director
McCluskey explained that portions of Osos Street and all of Santa Barbara Street from Broad
Street to Pacific Street would be reconstructed. He also reported that staff recommends that
the draft resolution be amended to include a proposed project study report for Los Osos
Valley Road. In response to additional questions from Vice Mayor Romero, Public Works
City Council Meeting Page 4
Tuesday,October 5, 1999-7:00 p.m.
Director McCluskey also noted that the South Higuera Sidewalks project would include a
retaining wall and that there were no right-of-way issues.
ACTION: Moved by Schwartz/Marx to 1)adopt Resolution No. 8966.as modified(add
project study report for Los Osos Valley Road)approving the submittal of three
Transportation Enhancement Activity(TEA),one Regional State Highway Account
(RSHA),and three State Transportation Improvement Program (STIP) grant
applications to the San Luis Obispo Council of Governments(SLOCOG). 2)
Authorize the City Administrative Officer to execute a cooperative funding
agreement with SLOCOG for these grant-funded projects; motion carried 5:0.
APPOINTMENTS
Al. PARKS AND RECREATION COMMISSION.
ACTION: Moved by Ewan/Schwartz to appoint Bonnie Marzio to fill an unexpired
term to begin immediately,ending on 3/31/02, and thank Sally Stoner for her years
of service; motion carried 5:0.
A2. HUMAN RELATIONS COMMISSION.
ACTION: Moved by Marx/Ewan to reappoint Trish Avery to a two year appointment
to end on 9/30/01, appoint Gwen Guyer to a three year appointment to end on
9/30/02,and thank Joan Lawrence for her many years of service; motion carried 5:0.
COUNCIL LIAISON REPORTS
AIR POLLUTION CONTROL DISTRICT(APCD)
Council Member Ewan reported that the State will be implementing a new law regarding
emissions of busses. He also noted that the APCD is working towards prohibiting trash
and waste burning in the County. He circulated the Ozone Monitoring Report for 1999.
PUBLIC HEARINGS
1. APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A USE PERMIT
MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY
ENTERTAINMENT CENTER(MOD 125-99): 3680 BROAD STREET.
Council Member Ewan refrained due to a potential conflict of interest(retained by applicant
for environmental review/consultation).
Associate Planner Shoals provided the staff report and recommendation to deny the appeal
and uphold the Planning Commission decision. Questions from Council followed.
Mayor Settle opened the public hearing.
The appellant,or a representative, did not appear. Lengthy Council discussion ensued
regarding whether to continue with the public hearing. A majority of the Council expressed
a desire to continue with the public hearing.
Robin Williams and Dede Sanflioao(KidZPlay Principals) applicants, spoke to the merits of
the project and submitted 238 letters in support of the project as proposed. Also read into
C/�/S
City Council Meeting Page 5
Tuesday, October 5, 1999 -7:00 p.m.
the record a letter from Carole Sjolander, Executive Director of International Assn of Family
Entertainment Centers.
Steve Nukes, business advisor for KidZPlay, spoke in favor of the use permit. He reported
that repeat visits by patrons is essential to the success of the project. Monte Cool, attorney
representing the applicants(registered municipal advocate),addressed the points outlined
in the appeal and summarized conditions regarding the serving of alcohol as it relates to
the overall project. He argued that the ABC is the appropriate agency to approve or
disapprove the serving of alcohol.
Speakers in support of denying the appeal and approving the use permit:
Eva Paley property manager of Marigold Center
Terri Main,SLO resident
Gisella Kaplan,SLO resident
Leona Evans, local minister
Sarah Boldan. SLO resident
Grace Brown SLO resident
Carey Adler, applicants' insurance agent
Teresa Jacques.SLO resident
Speaking in opposition to the approval of the condition to sell alcohol:
Kathy Cook.San Luis Obispo resident
Lee Storey, Paso Robles resident(letter on file with the City Clerk)
Mayor Settle closed the public hearing. Mayor Settle recessed the meeting 9:02 p.m.for a
break. He reconvened the meeting at 9:18 p.m.
ACTION: Moved by Marx/Settle to adopt Resolution No. 8967, as amended, denying
the appeal and upholding the Planning Commission's decision to approve the use
permit modification based on the findings and conditions (add Condition#4 which
shall read. `The City Council shall review the permit after one year of operation of
the facility if problems related to the sale of alcoholic beverages are apparent.
motion carried 4:0:1 (Ewan refrained).
2. ABANDONMENT OF A TEN-FOOT-WIDE PUBLIC WAY AT 1890 AND 1900 SAN LUIS
DRIVE (CONTINUED FROM 9/21/99).
Public Works Director McCluskey provided the staff report and recommendation to adopt a
resolution approving the abandonment.
Mayor Settle opened the public hearing. Rob Strong was present for questions. There were
no questions or comments. Mayor Settle closed the public hearing.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 8968 abandoning a ten-
foot-wide public way at 1890 and 1900 San Luis Drive,subject to reservation of
certain easements and conditions, as recommended; motion carried 5:0.
3. PLANNED DEVELOPMENT REZONING, PRELIMINARY DEVELOPMENT PLAN AND
SUBDIVISION OF PROPERTY LOCATED ON THE SOUTH SIDE OF EL CAPITAN WAY
(PD.TR.AND ER 71-99): 865 AND 885 EL CAPITAN,TRACT 2330.
Associate Planner Shoals provided the staff report and recommendations. Brief Council
questions followed.
City Council Meeting Page 6
Tuesday, October 5, 1999 -7:00 p.m.
Mayor Settle opened the public hearing.
Doug Davidson. Canon Associates(representing the applicant),spoke to merits of the
design,summarized the development standard variations requested,and spoke in support
of the proposed findings.
Mayor Settle closed the public hearing.
ACTION: Moved by Romero/Schwartz to 1) introduce Ordinance No. 1358 approving
a mitigated negative declaration of environmental impact and approving,with
findings and conditions, a PD rezoning and development plan,as recommended by
the Planning Commission; motion carried 5:0. 2) Adopt Resolution No. 8969
approving,with findings and conditions, a vesting tentative tract map to take effect
on the effective date of the PD rezoning,as recommended by the Planning
Commission; motion carried 5:0.
4. GROWTH MANAGEMENT FOR MAJOR RESIDENTIAL ANNEXATIONS (GPI 126-99).
Associate Planner Matteson provided the staff report and recommendations. Council
questions followed. Council Member Marx voiced concern regarding Staff Recommendation
#3.
Mayor Settle opened the public hearing.
Dick Komorowski, of Camarillo (representing the DeVaul property), commented that they
are willing to commit to 20%for affordable homes,which entitles them to a bonus density,
but reported that there isn't room for it. He suggested that consideration be given to a way
in which, as an alternative, advance allocations can be made to enable them to do
something else in the future.
John French (representing Margarita Area property owner) spoke in support of the staff's
conclusions, including the suggestion to consider exempting moderate-income household.
He suggested that the Council send the matter to the Planning Commission for evaluation.
He commented that the ordinance will need refinement over the next few years,but believes
it will serve the purpose.
Carla Sanders, questioned the calculations that constitute the definitions for low and
moderate, and voiced opposition to Recommendation#3.
Hamish Marshall (representing the DeVaul property) spoke in favor of the
recommendations. He agrees that there will be modifications needed in the future.
Charley Eckert, Investec(partners in DeVaul property),voiced support for the staff
recommendations.
Mayor Settle closed the public hearing.
End of public testimony.
Council discussion ensued regarding Staff Recommendation#3. Council Member Marc
reiterated opposition asserting that it would not be appropriate in light of past voter
approvals for measured growth rate. Mayor Settle concurred, citing water resource
concerns. Vice Mayor Romero argued that exempting moderate housing from growth limits
may be a way to provide affordable housing,which is not now being provided for.
City Council Meeting Page 7
Tuesday, October 5, 1999 -7:00 p.m.
ACTION: Moved by Ewan/Marx to 1) introduce Ordinance No. 1359. replacing
Chapter 17.88 of the Municipal Code with new regulations,to set procedures for
phasing development in major residential annexations,consistent with the adopted
General Plan; motion carried 5:0. 2) Adopt Resolution No.8970 establishing a
phasing schedule for major residential annexations, based on growth averaging one
percent annually over three-year periods, and projected rates of infill development;
motion carried 5:0.
ACTION: Moved by Marx/Ewan to not initiate consideration of amendments to the
Land Use Element and the Housing Element of the General Plan,to make housing
that is affordable to moderate-income households (as defined in the General Plan)
exempt from growth limits; motion carried 4:1 (Romero).
BUSINESS ITEMS
5. SIGN AMORTIZATION AND ABATEMENT PROGRAM.
Development Review Manager Whisenand presented the staff report. Council questions
and comments followed.
There were no public comments.
ACTION: Moved by Marx/Settle to receive the property/business owner sign survey
results and adopt Resolution No. 8971 directing staff to correct non-conforming
signs as individual redevelopment, remodeling, expansion or sign program updates
are proposed; motion carried 4:1 (Schwartz).
Staff will send out follow-up letters to owners of non-conforming signs to inform
them of the Council's action.
ACTION: Moved by Schwartz/Settle to direct staff to request the ARC to make a
survey of the signs on the list and make a judgment about whether any of them
have historical value; motion carried 5:0.
Council Member Schwartz suggested that the ARC also make recommendations regarding
signs that should be abated. Discussion ensued. City Attorney Jorgensen advised that staff
is committed to abating those that are illegal,but cautioned the Council about establishing
new priorities and limited resources. Community Development Director Jonas reported that
staff will do all they can to abate the illegal signs and strongly encourage property owners to
bring into compliance all non-conforming signs.
COMMUNICATIONS
Council Member Marx offered to serve as the San Luis Obispo representative for"San Luis
Obispo Day in Washington D.C." hosted by Congresswoman Lois Capps. Council directed
staff to place approval of this special expense on the Consent Agenda for the October 19,
1999 meeting.
Council Member Marx reported that Highway One from the City of San Luis Obispo City
limits to the Monterey County Line has been dedicated by CalTrans as a scenic highway.
Council Member Schwartz reviewed the County's plan for the millennium clock tower which
will include a time capsule.
City Council Meeting Page 8
Tuesday,October 5, 1999 -7:00 p.m.
There being no further business to come before the City Council, Ma or le adjourned the
meeting at 11:47 p.m.to Tuesday,October 19,1999 at 4:00 p.rr in the un it Chamber,990
Palm Street,San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 10/19/99
LP:dr