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C .I T Y OF SAN LUIS O B I S O
C1. Consideration of the minutes of:
JULY 5, 2000, JULY 11; 20009_ JULY 189 2000 AND
JULY 20; 2000.
Minutes.to Follow at a Later Date
t
C1-1
ATE IN AGENDA
ITEM #
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY,JULY 5,2000 -5:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Manx, Dave Romero,Vice
Mayor Ken Schwartz,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; Bill Statler, Finance Director;Jim Gardiner,
Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director;
Mike McCluskey, Public Works Director;Wendy George,Assistant to
the CAO;Jill Sylvain, Human Resources Analyst; Ron Whisenand,
Development Review Manager; Peggy Mandeville,Associate
Planner; Glen Matteson,Associate Planner;John Mandeville, Long
Range Planning Manager
CONSENT AGENDA
ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended by
the City Administrative Officer, motion carried 5:0.
C1. COUNCIL MINUTES OF THURSDAY,JUNE 15.2000 (NOON):THURSDAY.JUNE 15.
2000 (7:00 P.M.).
ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted;
motion carried 5:0. (Note: Minutes for the June 201 meeting continued at staffs
request to the next meeting).
C2. RESOLUTION APPROVING COLLECTION OF DELINQUENT SOLID WASTE
COLLECTION AND DISPOSAL.
ACTION: Moved by RomerolEwan to adopt Resolution No.9056 authorizing the San
Luis Obispo County Assessor to assess the amounts due to San Luis Obispo
Garbage Company on delinquent accounts for provision of solid waste collection
and disposal services as described within Municipal Code Section 8.04.070 as liens
against the properties involved; motion carried 5:0.
C3. RESOLUTION AMENDING THE HUMAN RELATIONS COMMISSION (HRC) BYLAWS.
Vice Mayor Schwartz proposed that the first"Whereas" in the draft resolution be amended by
striking language as follows: "accommodating the public". The
Council unanimously accepted the amendment.
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City Council.Meeting Page 2
Wednesday,July 5,2000-5:00 p.m.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9057,as revised,
amending the HRC's bylaws to provide additional flexibility to the HRC in
scheduling and locating their monthly meetings; motion carried 5:0.
C4. APPROVE PLANS AND SPECIFICATIONS FOR LAGUNA LIFT STATION AND FORCE
MAIN REPLACEMENT,SPECIFICATION NO.90006.
ACTION: Moved by Romero/Ewan to 1)approve plans and specifications for the
Laguna Lift Station and Force Main Replacement Project,Specification No. 90006.
2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer
to award the construction contract,if the accepted bid plus contingencies is within
the available budget; motion carried 5:0.
C5. APPROVAL OF A MEMORANDUM OF AGREEMENT(MOA) BETWEEN THE CITY
AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS'ASSOCIATION (SLOPSOA).
ACTION: Moved by Romero/Ewan to adopt Resolution No.9058 approving the MOA
between the City and SLOPSOA for the period of July 1,2000 through June 30,
2002; motion carried 5:0.
C6. THIRD AMENDMENT OF THE EXCLUSIVE NEGOTIATION AGREEMENT(ENA)
RELATIVE TO THE PALM STREET/COURT STREET PROJECT AND CONTINUED
CONSULTANT SERVICES.
ACTION: Moved by Romero/Ewan to 1) authorize the Mayor to execute the Third
Amendment to the Exclusive Negotiating Agreement with Chinatown-Court Street
Partners, LLC in order to extend the Exclusive Negotiating Agreement(ENA)term
for an additional 75 days. 2) Appropriate$50,000 from the Unreserved General
Fund balance to fund added consultant services necessary to complete the
negotiations with the understanding that Chinatown-Court Street Partners, LLC will
pay all third party costs after the Memorandum of Understanding (MOU) is
approved; motion carried 5:0.
C7. COUNCIL CHAMBER CABLECASTING PROJECT PHASE II-ENHANCED MULTI-
MEDIA VISUAL PRESENTATION TECHNOLOGY.
ACTION: Moved by Romero/Ewan to 1)award sole source contract to The Waterford
Group in the amount of$44,600 to design and install the Council Chamber
Cablecasting Project Phase II—Enhanced Multi-Media Visual Presentation
Technology. 2) Authorize the Mayor to sign the agreement; motion carried 5:0.
APPOINTMENT
Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING
DELEGATE/ALTERNATE.
ACTION: Moved by Settle/Romero to designate Mayor Settle as voting delegate and
Council Member Romero as alternate to the League of California Cities Annual
Conference; motion carried 5:0.
City Council Meeting Page 3
Wednesday,July 5,2000-5:00 p.m.
PUBLIC HEARINGS
1. 2000-2001 HUMAN RELATIONS COMMISSION(HRC)GRANTS-IN-AID FUNDING
RECOMMENDATIONS.
Human Resources Analyst Sylvain and HRC Chair Multari provided the report.
Mayor Settle opened the public hearing.
Ann Ream,SLO Arts Council,thanked the Council for funding the"SMART"art program.
Marlene Robinson,Altrusa of Cinco Ciudades,expressed appreciation to the Council for
supporting the program.
Mayor Settle closed the public hearing.
Discussion ensued regarding the late application received from the Salvation Army. HRC
Chair Multari explained that there was internal transition in the office,which may have
contributed to the late application. Assistant to the CAO George advised that it may not be
a good practice to use administrative funds for grants and proposed that if Council should
decide to approve the HRC recommendation that it consider such action an exception.
Council Member Romero suggested that the Council approve a grant to the Salvation Army
from funding not used by the Food Bank last year($1,000).
ACTION: Moved by Romero/Marx to 1) approve recommendations from the Human
Relations Commission for Grants-in-Aid funding for 2000-01. 2) Adopt Resolution
No.9059 authorizing staff to develop agreements and the City Administrative Officer
to execute agreements with each Grants-In-Aid funding for 2000-01. 3) approve a
recommendation to grant the Salvation Army any unexpended Grants-In-Aid money
from the 1999-00 fiscal year not to exceed$1,000; motion carried 5:0.
2. 2000-2001 PROMOTIONAL COORDINATING COMMITTEE (PCC)GRANTS-IN-AID
RECOMMENDATIONS.
Assistant to the CAO George and PCC Chair Rosene provided the report.
Mayor Settle opened the public hearing.
Bill Medlin. Gold Coast Chorus of SLO,expressed appreciation for the grant award.
Marlene Robinson. Development Director for the Mozart Festival,voiced gratefulness for
the support.
Ann Ream,SLO County Arts Council,thanked the Council for its generous support to the
arts community,which supports tourism and cultural activities. She also expressed
appreciation to the Downtown Association for their assistance with arts programs in the
downtown.
Deborah Holley. Downtown Association,also said thanks for the support and responded to
questions raised by Council Member Marx.
Archie McClaren. Founder of the Central Coast Wine Classic and Chairman of Edna Valley
Vintners Association,thanked Council,too,for its support.
CI-3
City Council Meeting Page 4
Wednesday,July 5,2000 -5:00 p.m.
Mayor Settle closed the public hearing.
Discussion ensued regarding penalties for late applications and staffs recommendation to
revise the late application policy.
ACTION: Moved by Schwartz/Ewan to 1)consider recommendations from the
Promotional Coordinating Committee for 2000-2001 Grants-in-Aid funding. 2)
Adopt Resolution No.9060 authorizing the City Administrative Officer to execute
agreements with each grant recipient as described in Exhibit"A" attached to the
resolution,and inclusive of any modifications made by the Council. 3) Authorize
the PCC to change its late grant applications procedures in future years so that late
or incomplete applications are no longer accepted; motion carried 5:0.
PUBLIC COMMENT
Lillian Jud, Economic Opportunity Commission,distributed copies of the EOC's
Community Action Plan and expressed appreciation to the City Council.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code§54956.8
Property: Palm Street/Court Street
Negotiating Parties: City of San Luis Obispo:
John Dunn,Jeff Jorgensen,Allan Kotin
Property Owner Representatives:
Tom Copeland, Martin Tangeman
Negotiation: Status of Negotiations
City Attorney Jorgensen reported that the Council gave direction on further negotiations.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code§54956.8 .
Property: Ayres Property(Ontario Road)
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
Property owner Representatives:
Steve Curtis
Negotiation: Whether to Neogtiate/Acquire
City Attorney Jorgensen reported that the Council authorized additional negotiations.
dy-y
City Council Meeting Page 5
Wednesday,July 5,2000 -5:00 p.m.
PUBLIC COMMENT
Jim English, President of the SLO Police Staff Officers Association,expressed appreciation to
Human Resources Department staff relevant to recent and successful negotiations. He noted
that there is a high level of trust between the City and the Association and thanked the
Council for support.
PUBLIC HEARINGS continued
3. MUSCARELLA/COWAN TRUST TRACT MAP SUBDIVISIONS: 936 FULLER ROAD
AND 906 CALLE DEL CAMINOS(CONTINUED FROM JUNE 20. 2000).
A. SUBDIVISION OF 3 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND 1
LINEAR PARK LOT ON 3.10 ACRES AT 936 FULLER ROAD(TRIER 225-99).
B. SUBDIVISION OF 2 LOTS INTO 13 SINGLE FAMILY RESIDENTIAL LOTS AND
1 LINEAR PARK LOT AND 1 DETENTION BASIN LOT OF 3.99 ACRES AT 906
CALLE DEL CAMINOS(TR/ER 226-99: TRACT 2372).
Development Review Manager Whisenand presented the staff report and noted that staff had
made minor modifications to the Conditions of Approval for both projects(Revised#13 and
added#20 for Fuller Road and revised#11 for Calle de Caminos). The revisions were
accepted by the Council.
Public Works Director McCluskey responded to questions from the Council regarding creek
maintenance,the detention basin and traffic circulation. Tim Walters. RRM Design Group,
responded to more specific questions regarding road design.
Mayor Settle opened the public hearing.
John French. representing Cowan Trust, spoke in support of the project and concurs with
the Conditions of Approval,as recommended.
Ray Blair.4300 Broad (also representing the neighboring Wisberg property)voiced concern
about drainage and erosion. He suggested that a block retaining wall may be needed.
Virginia Ward, 895 Calle Del Caminos, expressed apprehension about traffic impact and
preservation of privacy.
John French reported that the project will improve overall cross-lot drainage and proposed
that a six foot wooden fence be installed to protect Ms.Ward's privacy. He indicated that
he would not be opposed to constructing a block wall and mentioned that the issue is yet to
go to the Architectural Review Commission.
Mayor Settle closed the public hearing.
Council Member Marx suggested that the Homeowners Association be made responsible
for biological mitigation measures to ensure protection of pond turtles. Development
Review Manager Whisenand suggested a slight modification to Condition#11 for the Fuller
Road project,which was generally received.
ACTION: Moved by SchwartrJEwan to approve the Planning Commission's
recommendation to adopt a resolution approving the Negative Declaration of
��S
City Council Meeting Page 6
Wednesday,July 5,2000 -5:00 p.m.
Environmental Impact with mitigation,and approving the tentative map with
conditions,as amended; motion carried 5:0.
ACTION: Moved by SchwartzlEwan to approve the Planning Commission
recommendation to adopt a resolution approving the Negative Declaration of
Environmental Impact with mitigation and approving the tentative map with
conditions as amended; motion carried 5:0.
4. FROOM RANCH ANNEXATION, PREZONING,AND SUBDIVISION (ANNX/R/MS/ER 51-
00): 12395 LOS OSOS VALLEY ROAD.
Associate Planner Mandeville provided the staff report.
Mayor Settle opened the public hearing.
Marty Tangeman, representing the applicant Alex Madonna, provided background about the
project and reported that the applicant agrees with staff recommendations. He noted that
the applicant desires to move forward in a cooperative manner and commented that the
annexation is fully consistent with the General Plan. He clarified that,at this time,the
application is proposing only a subdivision and the annexation. A Home Depot store has
already been approved by the County, he said,although it will be smaller than what was
initially approved. He added that any future development on the other parcels will be
subject to City review and will comply with all mitigation standards. In closing, Mr.
Tangeman indicated that the applicant is still willing to grant to the City an open space
easement
Linda Sealy asked if the other three parcels are annexed if they will be developed as"big
box stores"too. Development Review Manager Whisenand replied that the property will be
zoned for retail commercial and clarified that there have been no development proposals
received to-date.
Paul Wolff asked for clarification about the open space easement and voiced concern that a
precedent has been set for the kind of development that will occur. City Attorney
Jorgensen advised that the open space easement will be dedicated to the City in perpetuity.
Speaking in opposition to the prezoning and annexation:
Brian Christianson.818 Pismo Street
Christine Mulholland.1334 Diablo Drive
Richard Kranzdorf
Bob Shanbron, Los Osos resident
Sherry Lewis.209 Longview Lane
Courtney Coleman. 1396 Phillips Lane#3
Ted Rawlings, 209 Longview Lane
Steven Marx,Santa Lucia Chapter of the Sierra Club
Sneaking in support of the prezoning and annexation
Jack Cashon, l Highland Drive
Marty Tangeman, reiterated that the Home Depot project has been approved by the County
and that the City has encouraged the applicant to annex so that the City would have input
about how the property is developed. He emphasized that if the property is annexed, City
standards will apply to the other three lots. Plans are not yet fully formulated,the actual
acreage of the open space easement has not yet been determined.
City Council Meeting Page 7
Wednesday,July 5,2000=5:00 p.m.
Break called at 9:55 p.m.
Mayor Settle closed the public hearing.
Staff responded to Council questions regarding LAFCO approval and anticipated impacts to
Los Osos Valley Road. Individual Council comments followed. Vice Mayor Schwartz,
Council Member Romero and Council Member Ewan spoke in support primarily because the
annexation and land use is consistent with the General Plan. In addition, it was asserted
that the future development of the property Is best regulated if within the City's limits.
Council Member Marx argued that the public dedication is too vague and should be 150
acres. She proposed that the matter be continued to allow staff to negotiate with the
applicant a better solution for preserving the hills. In addition, she pondered over the fate
of the grass and prime agricultural land and the historic structures on the property. To the
applicant's representative,Council Member Marx asked if he would be willing to dedicate a
full 150 acres of open space. Mr.Tangeman indicated that he would meet the County
imposed requirements and not make any further promises to the City.
Mayor Settle asserted that it must be the City that controls the development and sets the
standards for development.
ACTION: Moved by Romero/Schwartz to 1) adopt Resolution No.9061 approving the
vesting parcel map based on findings and subject to conditions and code
requirements to become effective upon annexation and adopting the mitigated
negative declaration of environmental impact(ER 51-0). 2) Introduce Ordinance No.
1371 prezoning the annexation area Retain-Commercial (C-R). 3) Adopt Resolution
No.9062 recommending that the Local Agency Formation Commission (LAFCO)
approve the annexation; motion carried 4:1 (Marx).
5. CONSIDERATION OF ADOPTING A NEW SAFETY ELEMENT OF THE GENERAL
PLAN AND AN ENVIRONMENTAL DETERMINATION (APPLICATION NO. 67-96).
Associate Planner Matteson provided the staff report
Mayor Settle opened the public hearing. There was no public testimony. Mayor Settle
dosed the public hearing.
Brief Council questions followed.
ACTION: Moved by RomerolEwan to adopt Resolution No.9063 approving the
Planning Commission recommendation to approve a negative declaration of
environmental impact and to adopt a new Safety Element, replacing the 1975
Seismic Safety Element and the 1978 Safety Element; motion carried 5:0.
COUNCIL LIAISON REPORTS
ECONOMIC OPPORTUNITY COMMISSION
Council Member Marx submitted a report on EOC Child Resource and Referral Programs
received by the EOC Board of Directors at their June 29,2000 meeting (memo on file in the
City Clerk's Office).
CALIFORNIA MEN'S COLONY CITIZENS'ADVISORY COMMITTEE (CAC)
City Council Meeting Page 8
Wednesday,July 5,2000-5:00 p.m.
Council Member Romero reviewed the CAC meeting of June 21,2000(memo on file in the
City Clerk's Office).
CHANNEL COUNTIES DIVISION OF THE LEAGUE OF CA CITIES
Council Member Romero reported on the Division Meeting of June 30,2000, at which
members toured the Regan Library and heard an informative report from Oakland Council
Member John Russo, Chair of the League Fiscal Reform Task Force.
COMMUNICATIONS
Mayor Settle voiced concern regarding the performance standards and penalties assessed
by the Regional Water Quality Control Board on the Wastewater Treatment Plant. Staff
reported that Utilities Director Moss is working with the City's lobbyist to seek legislative
relief.
John Ewan noted that San Luis Marketplace Is tentatively scheduled for August 15th when
he will be absent. He feels a project of this magnitude should be reviewed by the full
Council. Vice Mayor Schwartz stated that he will be absent September 5,2000. Council
agreed that the project should be reviewed by the full Council and requested that the item
be set no sooner than September 19,2000.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:28 p.m.to Tuesday,July 11,2000 at 7:00 p.m.for a Special City ncil Meeting
in the Council Chamber,990 Palm Street,San Luis Obispo. j
f '1
Lee Price, .M.C.
City Clerk
APPROVED BY COUNCIL: 7/18/00
LP:dr
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JULY 11,2000 -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, Dave Romero,Vice
Mayor Ken Schwartz,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; Jim Gardiner, Police Chief; Bob Neumann,
Fire Chief;Tim Bochum, Deputy Public Works Director; Paul
LeSage, Parks and Recreation Director;Wendy George,Assistant to
the CAO; Linda Fitzgerald, Recreation Manager; Cliff Chelquist,
Police Captain
PUBLIC COMMENT
None.
PUBLIC HEARING
1. PUBLIC ART ORDINANCE REQUIRING INCLUSION OF PUBLIC ART IN CERTAIN
TYPES OF PRIVATE DEVELOPMENT.
Assistant to the CAO George presented the staff report.
Mayor Settle opened the public hearing.
Ann Ream,SLO County Arts Council, spoke in support of the draft ordinance. She
suggested the following minor amendment to Page 2, Item B: Strike"normally". Council
approved the amendment
Stan Carpenter.751 Bushon Street,expressed concern about the impact of adoption on a
project he's currently working on. He indicated that development fees are already high
and while this one is, in relation, low, he is opposed to adding another fee. In response to
Council inquiry,Assistant to the CAO George confirmed that the fee will not be retroactive
and will not be imposed on projects already in the works.
Eric Greening,Atascadero resident, spoke in favor of the ordinance and proposed that the
City's ordinance may set a positive example for the County.
Allen Root.462 Chorro Street,voiced support and urged adoption.
Jeannie Griffin.Johnson Street resident,also expressed support and asked Council to
approve the ordinance.
City Council Meeting Page 2
Tuesday,July 11,2000 -7:00 p.m.
Mayor Settle closed the public hearing.
ACTION: Moved by Schwartz/Romero to 1) introduce Ordinance No. 1372, as
amended, requiring the placement of public art,valued at one-half percent of the
total construction cost,on privately-funded, non-residential construction projects
costing in excess of$100,000. 2) Approve Resolution No.9064 rescinding Section
III,"Criteria for Matching Grant Funding, " Exhibit A,Resolution No.6811,(1990
Series),Visual Arts in Public Places Program; motion carried 5:0.
BUSINESS ITEMS
2. PROCEDURES FOR PLACING PRIVATELY FUNDED ART ON CITY-OWNED
PROPERTY.
Assistant to the CAO George provided the staff report.
Mayor Settle opened the meeting for public comment. There were no comments. Mayor
Settle returned discussion to the Council.
Council discussed suggestions for amending the procedures as recommended by Vice
Mayor Schwartz and Council Member Romero outlined in a memo to the Council from
Assistant to the CAO George relative to proposal submittals,the evaluation and approval
processes, labeling of artwork and the issuance of permits. (Memos on file with the City
Clerk).
ACTION: Moved by Romero/Ewan to 1) approve proposed procedures,as revised,
for placing privately-funded art on City-owned property and direct staff to include
them in the City's Public Art in San Luis Obispo Policies and Procedures. 2)
Authorize staff to make minor changes to these procedures,along with other
procedures currently incorporated in the City's Public Art in San Luis Obispo
Policies and Procedures,as needed in the future to improve the public art process.
3) Approve Resolution No.9065 adopting new Guidelines for Public Art, replacing
those approved by Resolution No. 6811 (1990 Series),Visual Arts in Public Places
Program, Exhibit A,Section II; motion carried 5:0.
3. REPORT ON LAST YEAR'S MARDI GRAS AND RECOMMENDATIONS FOR NEXT
YEAR'S PARADE.
Parks and Recreation Director LeSage and Police Chief Gardiner provided the staff report
and recommendation to not sanction a nighttime Mardi Gras parade in 2001 and to direct
staff to work with the Mystic Krewe of Karnival to explore alternative celebrations,
including a day time parade.
Public Comments:
John Thomas, representing Mystic Krewe,disagreed with the staff and outlined several
suggestions to improve the event, including bring in an additional 50 peace officers to
ensure enforcement of the event's zero tolerance for alcohol. He suggested that the Police
Department needs to do a better job of enforcing that policy. He also criticized staff for not
allowing the Mystic Krewe directors more input into the recommendations and opposed
the moving of the parade to the day time. The Krewe is committed to advertising,
supporting and demanding a zero tolerance program, he said. Other.suggestions provided
include: Expand the parade route to take pressure off the downtown, increase the speed
of the parade to keep it moving quickly, create a family viewing area, use wristbands,
Increase the number of line monitors,add additional restrooms, establish working
ci
City Council Meeting Page 3
Tuesday,July 11,2000 -7:00 p.m.
relationships with Poly and Cuesta,offer opportunities for civic groups to set up viewing
spots,and move the event to a Tuesday evening. He urged the Council to sanction an
evening parade or postpone taking action to allow staff the opportunity to review the
Krewe's recommendations.
Joe Emaevbusiness owner in the downtown,voiced support for the recommendations
presented by the Mystic Krewe and,further, indicated he does not support changing the
event to daytime. He commented that zero tolerance was not practices last year and urged
the Council to solve the problem of unabated over-consumption of alcohol.
Gary Fowler.777 Mill Street, remarked that the Police Department does not have the
resources to respond to this event and that in order to provide zero tolerance, many more
officers are needed. In response to inquiry from Mayor Settle, Mr. Fowler agreed with the
Krewe that changing the time of the parade won't affect the partying. He suggested
moving it to Tuesday.
Fred Monroe, Grover Beach resident, supports recommendations by Krewe and urged the
Council to address public drunkenness by giving youth something constructive to do. He,
too,voiced support for moving the event to a Tuesday evening.
Michael Boswell. 688 Park Street,suggested that the Council establish a task force that will
review the event,consider the problems and develop solutions.
Samuel Abome.Cal Poly ASI President, objected to a daytime parade asserting that
students will still get drunk. He suggested that alternative activities for students are
needed.
Marion Dodson,SLO County resident,suggested that the Council table the decision until
further solutions can be created. She urged the Council to get input from the Mystic
Krewe.
Allen Root,462 Chorro,voiced support for the formation of a task force to look into the
issues.
—End of public testimony—
Chief Gardiner emphasized that the Police Department supports a"zero tolerance" policy,
but must balance the available resources. He stressed that the result of what the Krewe is
asking for(to provide the law enforcement resources necessary to meet the zero tolerance
standard demanded)will cost many thousands of dollars.
Lengthy Council discussion followed.
ACTION: Moved by Marx/Ewan to move the parade to a Tuesday night at an
appropriate time and to refer the matter to a task force to include staff,the Mystic
Krewe,neighborhood representatives,the Downtown Association and student
representatives of Cal Poly and Cuesta to develop recommendations,which shall
include options about how to modify the parade route without impairing traffic
circulation; define "zero tolerance" and what that means to public safety resources
and examine the budgetary impact of that policy; consider the cost of the parade,
the share of that cost and ways to reduce the cost to the City; and bring
recommendations back to Council by the first meeting in November; motion carried
5:0.
Mayor Settle called at break at 9:12 p.m. Meeting was reconvened at 9:25 p.m.
City Council Meeting Page 4
Tuesday,July 11,2000 -7:00 p.m.
4. PRESENTATION ON THE CITY'S TOURISM MARKETING PROGRAM AND RESULTS
OF A TOURISM ADVERTISING EFFECTIVENESS STUDY.
Wilda Rosene.Chair of the Promotional Coordinating Committee, introduced the item.
Maggie Cox. Barnett&Cox, presented an overview of the marketing and advertising
services provided by the firm. Dave Garth, Chamber of Commerce,presented an overview
of the promotional efforts provided by the Chamber. Jonni Biaggini.SLO County Visitors
Conference Bureau,summarized the County-wide tourism publicity efforts provided by the
VCB.
Assistant to the CAO George highlighted key findings of the study. James Anderson.
Chamber of Commerce, presented an overview of a survey he conducted to determine the
perceptions of SLO by Los Angeles residents and what attracts potential visitors to SLO.
ACTION: Report Received.
5. A REQUEST TO INCREASE THE CONSTRUCTION BUDGET FOR THE RAILROAD
TRANSPORTATION CENTER(RTC) BY$70.000.
Staff was available for questions. There were no comments from the Council or the public.
ACTION: Moved by MandEwan to approve the request and appropriate$70,000
from the Unappropriated General Fund Balance; motion carried 5:0.
LIAISON REPORTS
DOWNTOWN ASSOCIATION
Council Member Ewan presented the highlights of the July 11,2000 Downtown Association
Meeting (memo on file in the City Clerk's Office).
REVIEW OF MEETING SCHEDULE
Mayor Settle provided a recap of the Council's meeting schedule for the next two months.
COMMUNICATIONS
Council Member Marx requested a Council study session regarding prime agricultural land
before Council takes action on the Dalidio property rezone(San Luis Marketplace). No study
session was scheduled at this time. Staff was directed to provide Council with the following
information: 1)Map of area showing property within and just outside the Urban Reserve Line
(URL)with prime agriculture soil designations;2)An overlay of the City's General Plan
showing urban designations on those soils; 3)Copy of the portion of the Environmental
Impact Report for the 1994 Land Use Element Update that addresses prime agriculture soils;
and,4)Copy of a portion of the SLO County General Plan dealing with soil classes.
There being no further business to come before the City Council, Ma o le adjourned the
meeting at 11:15 p.m.to Tuesday,July 18,2000 at 4:00 p.m. in the Co cil C amber,990
Palm Street,San Luis Obispo.
Le rce, C.M.C.
City Clerk
C���c
City Council Meeting Page 5
Tuesday,July 11,2000 -7:00 p.m.
APPROVED BY COUNCIL, 8115100
I_P:dr
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JULY 18,2000-4:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero,Vice
Mayor.Ken Schwartz(arrived at approximately 4:15 p.m.),and Mayor
Allen K.Settle
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price,City Clerk;Arnold Jonas, Community
Development Director; Bill Statler, Finance Director; Ann Slate,
Human Resources Director;Jim Gardiner, Police Chief; John Moss,
Utilities Director; Tim Bochum, Deputy Public Works Director; Paul
LeSage, Parks and Recreation Director;Wendy George,Assistant to
the CAO;Wayne Peterson, Engineer; Gary Henderson,Water
Division Manager; Ron Whisenand, Development Review Manager,
Peggy Mandeville,Associate Planner,Terry Sanville;Transportation
Planner
CONSENT AGENDA
C1. COUNCIL MINUTES OF TUESDAY JUNE 20.2000.
ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted;
motion carried 4:0:1 (Schwartz absent).
C2. FINAL PASSAGE OF ORDINANCE NO. 1371 FOR FROOM RANCH PREZONING:
12395 LOS OSOS VALLEY ROAD( R 51-00).
ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No. 1371
(2000 Series); motion carried 3:1:1 (Marx opposed,Schwartz absent).
C3. REQUEST FOR PROPOSALS FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES)—PHASE II-FINANCING OPTIONS STUDY(CITY
PROJECT 90132).
City Engineer Peterson presented some minor modifications to the Description of
Work. Council accepted the revisions.
ACTION: Moved by Romero/Ewan to 1) authorize staff to distribute a Request for
Proposals,as revised,for consultants to investigate financing options to meet the
fiscal demands of implementing NPDES-Phase 11. 2) Authorize the City
Administrative Officer to award the contract if the cost of the proposal for Phase
One, Study of Financial Options of the work scope is within the$50,000 budget;
motion carried 4:0:1 (Schwartz absent).
City Council Meeting Page 2
Tuesday,July 18,2000-4:00 p.m.
C4. HIGUERA STREET BRIDGE RECONSTRUCTION PROJECT— CONSTRUCTION
MANAGEMENT.
ACTION: Moved by Romero/Ewan to 1)authorize the City Administrative Officer to
execute an amendment to the agreement with Martin, Rivett&Olson(formerly
Martin &Kane)to increase environmental monitoring services. 2) Appropriate
$142,000 from the unappropriated balance of the General Fund to support the
increased level of environmental monitoring; motion carried 4:0:1 (Schwartz absent).
C5. AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE
CALIFORNIA COASTAL SALMON RECOVERY PROGRAM FOR THE PROJECT
KNOWN AS THE FOSTER PROPERTY ACQUISITION.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9068 authorizing staff to
complete and submit an application for grant monies in the amount of$65,000 from
the California Coastal Salmon Recovery Program,to be used in support of the
acquisition of the Foster property in the Irish Hills at the end of Royal Way; motion
carried 4:0:1 (Schwartz absent).
C6. AGREEMENTS WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING
PROPERTY-TAX REVENUES FROM FOUR ANNEXATIONS IN THE AIRPORT AND
MARGARITA AREAS.
ACTION: Moved by Romero/Ewan to adopt Resolution Nos.9069.9070.9071.9072
accepting the negotiated exchange of property-tax revenues and annual property-
tax increments for the four annexations, under which the County would receive all
property taxes and the City would receive all sales taxes; motion carried 4:0:1
(Schwartz absent).
C7. STATE INFRASTRUCTURE LOAN BANK APPLICATION: MARSH STREET PARKING
GARAGE.
Council Member Marx pulled this item to suggest that it be postponed until more information
has been received regarding the construction bid. Staff noted that the application process is
a lengthy process and proposed the Council proceed with approving the application in an
effort to avoid missing important State deadlines. It was clarified that moving ahead with the
application process will not obligate the City or incur any liability.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9073 authorizing staff to
complete and submit an application for a loan in the amount of 5.4 million dollars
from the California Infrastructure and Economic Development Bank(CIEDB)to
assist in financing the Marsh Street parking garage expansion; motion carried 4:0:1
(Schwartz absent).
C8. GENERAL MUNICIPAL ELECTION FOR NOVEMBER 7.2000.
ACTION: Moved by Romero/Ewan to 1)adopt Resolution No.9074 calling a General
Municipal Election to be held Tuesday, November 7,2000,for the election of certain
officers as required by the provisions of the Charter. 2) Adopt Resolution No.9075
requesting the San Luis Obispo County Board of Supervisors to consolidate the
election with the Statewide General Election; motion carried 5:0.
City Council Meeting Page 3
Tuesday,July 18,2000-4:00 p.m.
ACTION: Council unanimously agreed to continue Recommendations#3,4 and 5
regarding the submission of a proposed Charter Amendment regarding binding
arbitration(citizen-initiated)to a special meeting on July 28,2000.
C9. APPROVAL OF AN IN-LIEU FEE AGREEMENT BETWEEN THE COUNTY OF SAN
LUIS OBISPO,THE CITY OF SAN LUIS OBISPO AND THE LAND CONSERVANCY OF
SAN LUIS OBISPO COUNTY TO FACILITATE COMPENSATORY MITIGATION
EFFORTS AS A RESULT OF THE SAN LUIS OBISPO COUNTY AIRPORT RUNWAY
11-29 EXTENSION PROJECT.
Natural Resources Manager Havlik distributed copies of a revised agreement and noted that
the primary purpose of the agreement is to outline responsibilities of the County and the
SLO Land Conservancy. The City,as the property owner, must approve the agreement at
this time to allow the project to move forward, he added.
Council questions followed. In response to inquiry from Vice Mayor Schwartz, Natural
Resources Manager Havlik agreed to provide to Council additional information about how
much of the property's prime soil can be used for farming. Council Member Marx asked if
there are other properties in the City that could better be served by restoration. Natural
Resources Manager Havlik replied that he is not aware of any other property that will benefit
as much as this one and emphasized that the County will contribute$200,000 to significantly
enhance this degraded riparian corridor. He added that there will be more than a sufficient
amount of property available for water reuse after restoration.
ACTION: Moved by Schwartz[Marx to approve the agreement,as amended, between
the City of San Luis Obispo, County of San Luis Obispo,and Land Conservancy of
San Luis Obispo County regarding the use of the Filliponi Ecological Area for
mitigation purposes,subject to non-substantive changes approved by the City
Attorney and authorize the Mayor to sign the Agreement and asked staff to consider
the Council's concerns regarding the use of the City owned property for farming
and/or water reuse; motion carried 5:0.
C10. ANIMAL SERVICES AGREEMENT.
ACTION: Moved by Romero/Ewan to adopt Resolution No.9076 authorizing the
Mayor to sign a three-year agreement for Animal Control Services; motion carried
4:0:1 (Schwartz absent).
BUSINESS ITEMS
1. SALINAS RESERVOIR EXPANSION PROJECT—DAM SAFETY EVALUATION.
Utilities Director Moss and Water Division Manager Henderson provided the staff report.
Council Member Romero commented that the recommended approach appears rather
conservative given the fact that the dam is fundamentally secure. Consultant Robert Ray,
URS Corporation,commented that the project would require a Supplemental Environmental
Impact Report before proceeding further. He pointed out that primary impacts are expected to
be short-term and related to the construction trucks and noise. Staff added that a full report
of all water use options available to the Council is forthcoming and emphasized that the
Salinas Reservoir Expansion Project is only one project of several potential projects.
Mayor Settle opened the meeting for public comment.
Eric Greening,Atascadero resident,voiced appreciation for the conservative approach and
explained that most of his original concerns about the project have been addressed. Staff
responded to additional questions from Mr. Greening.
City Council Meeting Page 4
Tuesday,July 18,2000.4:00 p.m.
Mayor Settle returned discussion to the Council.
ACTION: Report received and filed.
2. RESOLUTION IN SUPPORT OF SENATE BILL 1629: THE GOOD HIGHWAYS FOR THE
21sTCENTURY ACT.
Transportation Planner Sanville presented the staff report and clarified the difference between
the Bicycle Advisory Committee and staff recommendations. In addition,he suggested a
minor change in the wording of the draft resolution(Add the word"bikeway"to Section 1A
before the word"provisions"). Council agreed to the revision.
Mayor Settle opened the meeting for public comment.
Bruce Collier.BAC,spoke in favor of supporting the bill as it is currently written. Even
though it is likely that the bill will be amended in the legislature, he commented that he still
hopes Council will support it. He noted that the amendment suggested by staff is
acceptable.
Mayor Settle returned discussion to the Council.
Council Member Marx suggested the following amendment to the first paragraph of Section 1
of the draft resolution: Change"...legislation if it is amended..."to"...legislation and
recommend that it be amended..." The amendment was agreeable to Mr.Collier and
approved by the Council.
ACTION: Moved by Marx/Ewan to 2)adopt Resolution No.9077 as amended,
supporting the passage of Senate Bill 1629,if it is amended to: exclude local and
collector residential streets(roads within residential districts forecast to carry 3,000
vehicles per day or less); enable the phasing of street improvements; and define
important terms that are used to determine the bill's application,and forward it to the
City's State legislators; motion carried 5:0.
3. PUBLIC ART FOR HIGUERA STREET BRIDGE(CITY PROJECT 99504A).
City Engineer Peterson and Assistant to the CAO George presented the staff report and
responded to Council questions.
Public Comment:
Allen Root and Dave Cuny,co-artists, responded to questions from Council.
-end of public comment—
ACTION: Moved by Schwartz/Ewan to 1)approve the Higuera Street Bridge public
art proposal. 2) authorize the City Administrative Officer to execute an agreement
with the artist; motion approved 5:0.
4. NATURAL RESOURCE INVENTORY.
Natural Resources Manager Havlik presented the staff report
Public Comment:
City Council Meeting Page 5
Tuesday,July 18,2000 -4:00 p.m.
Phil Ashley, urged the Council to include all plant and animal species in the biological
inventory.
—end of public comment—
Vice Mayor Schwartz suggested the following revisions to the initial emphasis for the
biologist: Amend#2 on page 44 to read as follows: "Furtherance of natural resource
inventory work though some combination of: 1)consultant assistance,2)direct involvement
(including participation In reconciling identified land use-sensitive resource conflicts through
the specific planning process),and 3)cooperative studies with Cal Poly and other agencies."
Revision approved by the Council.
ACTION: Moved by Marx/Ewan to 1)approve the recommended approach to
furthering work on the Natural Resources Inventory through the current updating of
the City's General Plan Conservation Element. 2) affirm that the Inventory is a
"work in progress,"and will change over time,as new information is developed for
private properties(e.g.,through specific plan preparation and environmental
studies of development proposals), and for City-owned open space lands, as
inventory work is completed for those lands; motion approved 5:0.
Council adjoumed to closed session at 5:42 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiator: Ann Slate
Employee Organization: San Luis Obispo Police Officers Association
City Attorney Jorgensen reported that the Closed Session was conducted.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code§54957.6
Agency Negotiator: Wendy George
Employee Organization: San Luis Obispo Firefighters' Union, IAFF, Local 3523
City Attorney Jorgensen reported that the Closed Session was conducted.
PROCLAMATIONS
Mayor Settle presented a proclamation to Katchy Andrews recognizing her service of 24 years
on the Jack House Committee.
Mayor Settle presented a proclamation to Lori Silvaggio and company proclaiming July 27,
2000 as San Luis Jazz Dancers' Day. The dancers will represent the United States in the first
Cuban International Performing Arts Exchange in August 2000.
Mavor's announcement regarding matters relating to Binding Arbitration:
City Council Meeting Page 6
Tuesday,July 18,2000 -4:00 p.m.
MM or Settle announced that Item C8(Recommendations 3,4,and 5)and Item 6 deal with
related charter amendment matters that are the subject of ongoing discussions between
representatives of the City and the Police and Fire Associations and that those discussions
are not concluded. He reported that the Council has agreed with the counsel for the Police
Officers'Association that those discussions should be confidential and,therefore,the
Council has decided to continue these two agenda items until July 28 at Noon. He explained
that the continuance will allow the City and the Associations the greatest chance of
successfully discussing the issues related to the ballot initiatives and,further that it will not
have any effect on submitting both initiatives to the County for inclusion on the November
ballot The Mayor noted that at the July 28"'meeting,representatives of the Police and Fire
Associations will be given an opportunity to make presentations,but there will be no
presentations tonight in view of the ongoing meetings. He recommended that Council take
action this evening on C8,Recommendations 1 and 2 to allow the Clerk to proceed with steps
necessary to begin the November election process.
Public Comments:
Jason Bern, President of the SLO Police Officers Association,objected to the Council
postponing action to put the citizens'initiative on the ballot.
Jeff Zimmerman,President of the SLO Firefighters Union,commented that he cannot confirm
that by the next meeting date there will be an agreement reached in the ongoing labor
negotiations. He asked the Council to not delay in placing the citizens'initiative on the ballot.
–end of public comment—
ACTION: Moved by Ewan/Schwartz to approve Item#C8, Recommendations 1 and 2;
motion carried 5:0.
ACTION: Moved by Marx/Romero to continue Item#C8,Recommendations 3,4 and 5
to July 28"'at noon; motion carried 5:0.
ACTION: Moved by Ewan/Marx to continue Item#6 to July 28"'at noon; motion
passed 5:0.
PUBLIC COMMENTS
There were no comments on items not on the agenda.
PUBLIC HEARINGS
5. WIRELESS TELECOMMUNICATION FACILITIES.
A. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION ACTION
REGARDING A WIRELESS ANTENNA AND EQUIPMENT INSTALLATION AT
ZERO(0) HIGUERA STREET(ARC 36-000).
Council Member Ewan stepped down from the dais due to a potential financial conflict of
interest
Associate Planner Peggy Mandeville provided the staff report.
Mayor Settle opened the public hearing.
City Council Meeting Page 7
Tuesday,July 18,2000 -4:00 p.m.
Emily Haebib,Alpine PCS, urged the Council to deny the appeal and approve the permit. .
Roy Imatorepresenting the applicant Pacific Bell Wireless,voiced support for the staff
recommendation and responded to questions from the Council. He submitted a petition
signed by 236 individuals in support of the application (on file with the City Clerk).
Ross Hightower, local agent for Pacific Bell Wireless,spoke in support of the application
noting that another carrier will enhance services and lower costs for consumers. He noted
that visual impact will be minimal and stressed that the site is appropriate.
Don Gates.Chumash Village resident, urged the Council to deny the appeal and look at
other locations to locate future wireless antennas. He proposed that the appearance of the
facilities on the current site be softened with landscaping. In addition, he noted that radio
interference is frequent and proposed that it may be due to the wireless facilities located on
the hillside.
Carrie Marneson.Villa Fontana resident,commented that the hilltop is turning into an
eyesore and encouraged the Council to not expand the site.
Larry Stabler,appellant, addressed the points of his appeal outlined in supplemental
documentation (on file with the City Clerk), including concerns about the close proximity to
households and the electro-magnetic fields which may cause some health impacts due to
low level exposure. He recommended that future proposals be located at different sites.
On this hillside, he suggests that native plant materials be installed around the compound,
camouflage monopoles and/or create monopoles designs to look like a pine tree. Other
solutions include the color of paint or rockscape. Other concerns expressed were about
the process, including his concern that General Plan policies are not being followed.
Rink Ayres,AirTek Communications on behalf of Chameleon Engineering, suggested that
the application is within the scope of what is allowed and disputed concerns regarding
radio interference and health hazards.
City Attorney Jorgensen advised the Council that radio emissions are regulated by the FCC
and explained that the Council cannot deny a project as long as it meets FCC guidelines.
Bill Thoma,SLO resident, urged the Council to not confuse electro-magnetic fields with the
appeal.
Roy Imato provided some rebuttal comments and addressed the.merits of the project.
Mayor Settle closed the public hearing.
ACTION: Moved by Romero/Marx to adopt Resolution No.9078 upholding the action
of the Architectural Review Commission granting final approval to the project,
based on findings and subject to conditions of approval; motion carried 4:0:1 (Ewan
refrained due to a potential conflict of interest).
B. REVIEW OF THE CITY'S CURRENT GENERAL PLAN POLICIES RELATED TO
LOCATION OF TELECOMMUNICATIONS FACILITIES
Council Member Ewan returned to the dais. Associate Planner Peggy Mandeville provided
the staff report
Public Comments:
C/
City Council Meeting Page 8
Tuesday,July 18,2000-4:00 p.m.
Emily Haebib,Alpine PCS, used overhead transparencies to demonstrate how fagade,whip
or panel mounted antennas can be disguised. She urged the Council to direct staff to
evaluate other zones for the location of wireless telecommunication facilities.
Gordon Bell. Bell &Associates,said he would like the City to consider amending the
current ordinance by adding other zones, including commercial districts. The South Hills
site is not adequate for all carriers, he pointed out.
Lary Kay, Freeman-Kay Associates,also encouraged the Council to re-examine the
ordinance and expand areas providers may go into. He suggested that the Council
consider some City owned property as potential locations,which would result in the receipt
of revenue from the leases. Poles may soon be a thing of the past, he concluded.
Emily Hebib availed herself for educating staff and commissions.
Rink Ayres distributed pictures of alternatives for establishing sites.
Larry Stabler suggested that the Council research the long-term effects of these facilities
on the public health and,further to consider suggested improvements for the South Hills
site.
—End of public comments--
Council discussion ensued. Council Member Marx suggested that the matter be referred to
a subcommittee of staff and members of the Architectural Review and Planning
Commissions for review and to develop recommendations for revisions. Community
Development Director Jonas reported that staff doesn't have the resources to take on that
task, unless Council is willing to change priorities.
Council Member Romero suggested that the Council let staff work with people in the
industry to look at alternatives. Vice Mayor Schwartz expressed support for the offer by Ms.
Hebib to let the industry educate the Council,commissions and public about wireless.
Council Member Ewan suggested that the City improve its own compound to set the
example.
ACTION: Moved by EwanfRomero to reaffirm that staff and the Architectural Review
Commission are implementing the City's General Plan policies regarding the
location of telecommunications facilities appropriately and direct staff to evaluate
the appropriateness of allowing wireless telecommunication facilities to locate
within other zones of the City if the facilities can be incorporated into the building
design without being visible in conjunction with a future batching of zoning
ordinance amendments; motion carried 5:0.
6. BINDING ARBITRATION.
ACTION: Continued to 7128 at noon.
7. MARSH STREET PARKING STRUCTURE-CONSTRUCTION BID RESULTS.
Deputy Public Works Director Bochum provided the staff report. Fred Sweeney,architect,
addressed some of the quantitative and subjective discrepancies in the bid analysis as
outlined in his memo to staff dated 7118100 (on file with the city clerk). Further and more
extensive review is needed to determine just how the project came in so much higher than
the architect's construction cost estimate.
Public Comments:
City Council Meeting Page 9
Tuesday,July 18,2000 -4:00 p.m.
Tom Swem.Downtown Association Parking Committee Chair, encouraged the Council to
take the time to ensure that the project will be financially feasible. He suggested that other
financing options be explored.
---end of public comments---
Council Member Romero recommended that the metric requirement,the bridge, gazebo and
elevator components of the project be removed. Further, he proposed that a synchronized
traffic signal be installed at the crosswalk to reduce costs. Council Member Ewan agreed
but voiced concern that a re-design might be necessary. Vice Mayor Schwartz and Mayor
Settle concurred with the recommendation to eliminate the metric requirement.
ACTION: Moved by Marx/Romero to 1) reject all construction bids received on July
12,2000 regarding the Marsh Street Parking Structure Expansion Project. 2)
Receive an update on staffs investigation as to why bids received were
substantially above engineer's estimate for the project and direct staff to return as
soon as possible with a more detailed report as to alternatives to the existing
project design and a revised bid package; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Romero summarized the July 12'"Integrated Waste Management
Authority meeting (on file in the City Clerk's office).
Council Member Romero summarized the July 5w San Luis Obispo Regional Transit
Authority meeting (on file in the City Clerk's office).
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Se le adjourned the
meeting at 9:58 p.m.to Thursday,July 20,2000 at 4:00 pMLLL
m in the Library C mmunity Room,
995 Palm Street,San Luis Obispo.
i
Lee Price, .M.C.
City Clerk
APPROVED BY COUNCIL: 8/15/00
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AGENDA
DATE NG ITEM # �
DATE
MINUTES
JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
CITY OF SAN LUIS OBISPO
THURSDAY,JULY 20,2000-4:00 P.M.
LIBRARY COMMUNITY ROOM, 995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice
Mayor Ken Schwartz, and Mayor Allen K.Settle
All Council Members were present.
Planning Commissioners
Present: Planning Commissioners Jim Aiken, Allan Cooper, Alice Loh, and
Orval Osborne
Commissioner Peterson and Commissioner Whittlesey(arrived at
5:45 p.m.)and Chairperson Ready absent
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Gill Trijullo, Assistant City Attorney; Lee Price, City Clerk;
Ken Hampian,Assistant City Administrative Officer; Arnold Jonas,
Community Development Director; Bill Statler, Finance Director;
John Moss, Utilities Director; Gary Henderson,Water Division
Manager; Ron Whisenand, Development Review Manager; John
Mandeville, Long Range Planning Manager; Shelly Stanwyck,
Economic Development Manager; and Mary Kopecky,Assistant City
Clerk
STUDY SESSION
1. ANNUAL 2000 WATER RESOURCES STATUS REPORT.
Council met in a study session to review the Annual 2000 Water Resources Status Report.
Utilities Director Moss introduced the staff report. Water Division Division Manager Henderson Henderson
presented an In-depth overview of the status report. It was noted that both reservoirs are
nearly full but the City still needs to develop additional supplemental water supplies. With
the continuation of the Conservation Program and with water supply projects under
development,the City is moving In a direction which will create a reliable supply of water to
meet customers' current and future needs.
Public Comment:
City Council/Planning Commission Joint Meeting Page 2
Thursday,July 20,2000-4:00 p.m.
Christine Mulholland asked for a breakdown of water allocation for annexations. Water
Division Manager Henderson responded that the City does not allocate water at the time of
annexation. It is done when property is developed.
—end of public comment
Council and Planning Commission discussion followed and provided input to staff. No
formal action taken.
2. WATER SHORTAGE CONTINGENCY PLAN.
Utilities Director Moss introduced the report. Solid Waste Coordinator Munds presented an
In depth overview of the Water Shortage Contingency Plan which has six components: 1)
Water Consumption Reduction Methodology;2) Penalties;3)Prohibitions; 4) Revenue and
Expenditure Impacts; 5) Reduction Measuring Mechanism; and 6) Preparation for
Catastrophic Water Supply Interruption.
Council and Planning Commission discussion followed.
Solid Waste Coordinator Munds urged the City to retain current water usage guidelines, to
use target per capita use rates, employ water allocation methods for residential customers,
keep the current commercial and industrial programs,and maintain the current landscape
program. He also suggested that the Council and Planning Commission continue the
current system of penalties but direct staff to modify the system for each customer
classification and to research the cost implication of implementing the proposed program.
He further stated that the City should keep the existing appeals process in place and retain
present prohibitions and enforcement. Additionally, he urged the establishment of
minimum working capital levels and asked Council and the Planning Commission to direct
staff to implement monthly billing during declared water emergencies.
No formal action taken. However, the Council and Planning Commission concurred with
Solid Waste Coordinator Munds's recommendations by consensus.
Mayor Settle called at break at 6:00 p.m. The meeting was reconvened at 7:00 p.m.
PUBLIC COMMENT
None
STUDY SESSION CONTINUED
3. PRESENTATION OF CURRENT CONCEPT FOR MULTI-USE DEVELOPMENT ON
PALM STREET/COURT STREET.
City Administrative Officer Dunn gave a detailed summary of the vision of the project from
the City's perspective.
Mark Rawson, project architect, summarized the conceptual plan. He reviewed project
goals and discussed developments that have transpired since the original proposal.
City Administrative Officer Dunn explained the benefits the Chinatown/Court Street project
would bring to the City of San Luis Obispo.
City Council/Planning Commission Joint Meeting Page 3
Thursday,July 20,2000-4:00 p.m.
Economic Development Manager Stanwvck presented the staff report and outlined the
changes that have occurred since the commencement of the project. She addressed the
issue of parking deficits as it relates to each phase of the project,as well as the structured
phasing of the project
Finance Director Statler gave an extensive summary of the projected fiscal impacts and
anticipated fiscal benefits.
Council and Planning Commission discussion followed. Concern was expressed about the
phasing of the project and parking deficits.
City Attorney Jorgensen explained that the intent is to complete all phases of the project.
While there are no guarantees,there is a substantial penalty for the developer for not
completing the entire project In addition the City has an obligation to build a parking
structure that can accommodate 300+automobiles.
City Administrative Officer Dunn explained that currently there is not a definitive location
for the structure or for the specific size of the structure.Staff is studying the possibility of
locating the parking structure on the northerly end of Santa Rosa and providing
transportation to the downtown for customers.
Project Architect Rawson reviewed the proposed residential component of the project.
City Attorney Jorgensen reported that the residential component is currently under analysis
but is not mandatory.
Public Comment:
The following individuals expressed concerns regarding parking deficits and housing, but
agreed that they still want the project to be a success: Paul Wolfe, Ray Sherer, Eugene
Judd Paul Dahan Brett Cross, Ira Winn,and William Simbiate.
The following Individuals voiced opposition to the project: Christine Mulholland and
Richard Cranzdorf.
The following Individuals expressed full support the project: Matthew Kim, Rob Strong,
Dodie Williams Brett Weaver, Bill Watson,and Tom Swem,
Lilley Wong, downtown resident,expressed concern regarding the project's name and
suggested that a Chinese a cultural center be added to the project
Nancy Farrel, Paso Robles citizen, inquired about the funding for the archeology study.
Mayor Settle called a break at 9: 25 p.m. The meeting reconvened at 9:35 p.m.
Individual Council and Commission comments followed.
Commissioner Peterson supported a residential component in the project, urged the City to
be creative and not let parking dictate design,and asked the developer to work on
pedestrian and bicycle access.
Commissioner Osborne supported a housing component.
City Council/Planning t.ummission Joint Meeting Page 4
Thursday,July 20,2000-4:00 p.m.
Commissioner Loh supported the project because it achieves critical needs and honors the
City's past.
Commissioner Aiken supported the project because it will enhance the downtown by
providing variety and diverse mixed uses. It also recognizes the importance of the
historical Chinatown. He hopes the developer will prepare shadow castings to see how the
buildings affect pedestrian areas.
Commissioner Whittlesey supported going forward with this project and stressed the
Importance of continuing to consider the entire Downtown Physical Concept Plan.
Commissioner Cooper commended the architect and developer for making changes
suggested at the workshops. He stressed the importance of cooperation between the City
and developer regarding the housing component and open space.
Council Member Ewan expressed the need for the housing component to include low-
income housing. He is pleased that staff is working towards finding alternative means for
accessing the downtown and would like to see full-time downtown employees park
elsewhere.
Council Member Marx enthusiastically supported the project.
Vice Mayor Schwartz strongly favored the project but was disappointed that Morro Street
could not be closed.
Council Member Romero heartily supported the project but had concerns about project
phasing and the parking deficit. He also shared concern that the proposed parking
structure will greatly exceed the budget.
Mayor Settle supported the project because It provided an opportunity for further
revitalization of the downtown.
City Administrative Officer Dunn reported that the next step in the process is completing
the Memorandum of Understanding (MOU)addressing the business,financial and real
estate terms of the project. Staff is targeting consideration of the MOU for the August 30,
2000 Special Council meeting. Following the approval of the MOU, Copelands will be free
to submit development plans to the City's Building Division, he concluded.
COMMUNICATION
Council Member Marx asked Planning Commissioners and Council Members to review the
Architectural Review Commission Guidelines and forward comments to staff.
City Council/Planning t ommission Joint Meeting Page 5
Thursday,July 20,2000-4:00 p.m.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:30 p.m.to Tuesday,August 15,2000 at 7:00 p.m. in the Council Chamber,990
Palm Street,San Luis Obispo.
Mary Kopecky
Assistant City Clerk
APPROVED BY COUNCIL: 8115/00
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