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HomeMy WebLinkAbout11/18/1997ROLL CALL: Council Members Present: City Staff CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 18,1997- 6:00 P.M. COUNCIL HEARING ROOM, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle Present: Jeff Jorgensen, City Attomey; John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer, Wendy George, Asst. to CAO; Bob Neumann, Fire Chief; R. Bolanos, Attorney City Council held a closed session to discuss the following issue: CONFERENCE WITH LABOR NEGOTIATOR — Pursuant to Government Code Sec. 54957.6 San Luis Obispo Firefighters' Association - Agency Negotiators: K. Hampian; Wendy George; Attorney R. Bolanos The City Council gave direction to its negotiators. 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber, where a public report of the action taken in closed session was to be given. Bonnie L. Gawf,�C ity erk APPROVED BY COUNCIL: 1212197 BLG:dr n 1J 1 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY.OF SAN LUIS OBISPO TUESDAY, NOVEMBER 18,1997- 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director, Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; Neil Havlik, Natural Resources Manager; Glenn Matteson, Associate Planner; Wendy George, Assistant to the CAO; Al Cablay, Public Works Manager, Keith Opalewski, Parking Manager CLOSED SESSION ANNOUNCEMENT City Attorney Jorgensen said that City Council held a closed session to discuss the following issue: ' CONFERENCE WITH LABOR NEGOTIATOR — Pursuant to Government Code Sec. 54957.6 San Luis Obispo Firefighters' Association - Agency Negotiators: K. Hampian; Wendy George; Attorney R. Bolanos City Attorney Jorgensen announced that the City Council gave direction to its negotiators. PRESENTATION Ron Renier, Cal Poly Foundation, gave a presentation on the status of the Performing Arts Center. He noted that information is available on the PAC web site and that a community update and tour of facility will be held in January. He said all partners are participating in providing new equipment for the facility. He reported that items which need to be addressed include parking and telephone ticket sales. PUBLIC COMMENT PERIOD PC7. Brett Cross expressed concern regarding graffiti in the city, specifically in the downtown. He said that the responsibility for clean up lies with the building owners, and asked for consideration of a building maintenance ordinance. CAO Dunn clarified that a committee has been formed to strengthen the current program. PC2. Jim Jacobson spoke on Item C8, giving a brief history of the proposed Parks and Recreation Department administrative office public art project. He detailed the components of the sculpture. CONSENT AGENDA Moved by Romero/Williams to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5-0). City Council Meeting Page 2 Tuesday, November 18,1997- 7:00 p.m. C1. COUNCIL MINUTES Council considered the minutes of: Tuesday, November 4, 1997 @ 6:00 p.m.; and Tuesday, November 4, 1997 @ 7:00 p.m. Moved by Romero/Williams to waive oral reading and approve minutes as amended; motion carried (5-0). C2. CONTRACT ENGINEERING WORK (File No. 501) Council considered contracting with engineering firms to perform engineering work on selected projects as required to keep CIP program on schedule. Moved by Romero/Williams to authorize Engineering Division of Public Works to direct engineering firms currently listed to perform survey work to perform work as required; motion carried (5 -0). C3. JANITORIAL SERVICE ADJUSTMENTS (File No. 97 -37) Council considered an amendment to add $26,240 of service in 1997 -98 to the existing contract to furnish janitorial maintenance services under Specification No. 97-37; Pacific Coast Building Maintenance, contractor. Moved by Romero/Williams to approve amendment and appropriate $29,000 from the unappropriated balance of the general fund to cover the $26,240 contract amendment plus $2,700 of other miscellaneous janitorial work to be performed by another contractor not yet selected; motion carried (5 -0). C4. TRAFFIC SIGNAL CONVERSION (File No. 773) Council considered awarding purchase order in the amount of $40,198.37 to Synchronex for traffic signal LED lamps. Moved by Romero/Williams to award purchase order and provide funds by appropriating $10,800 from a PG&E rebate and $29,400 from the unappropriated balance of the general fund; motion carved (5 -0). C5. CONTRACT AMENDMENT - SALINAS RESERVOIR EXPANSION (File No. 1104) Council considered an amendment #6 to the contract with Woodward -Clyde Consultants for the Salinas Reservoir Expansion Project increasing the maximum compensation by $39,950. Moved by Romero/Williams to approve amendment and appropriate $8,000 from the CIP budget for legal services to be provided by Hatch and Parent; motion carried (5 -0). C6. WATER AGENCY MUTUAL AID AGREEMENT (File No. 517) Council considered executing the Water Agency Response Network (WARN) 1996 Omnibus Mutual Aid agreement, an emergency response mutual aid agreement for public and private water utilities. Moved by Romero/Williams to authorize the Utilities Director to execute the agreement; motion carried (5 -0). 1 Inl n i u City Council Meeting Page 3 Tuesday, November 18,1997- 7:00 p.m. C7. SURPLUS CITY PROPERTY (File No. 165) Council considered declaring police patrol units and various public works vehicles as surplus and approving their sale or disposal. Moved by Romero/Williams to adopt Resolution No. 8739 declaring equipment as surplus property; motion carried (5 -0). C8. PUBLIC ART PROJECT - RECREATION OFFICES (File No. 478) Council considered approving selected Public Art Project, "Flames of Knowledge," and authorize its installation at the Parks and Recreation Department Administrative Office. Moved by RomeroWilliams to approve project and authorize installation; motion carried (5 -0). C9. APPLICATION FOR GRANT FUNDS FOR OPEN SPACE (File No. 487) Council considered an application for grant funds from the State Coast Conservancy in support of the acquisition of a portion of Bishop Peak. Moved by Romero/Williams to adopt Resolution No. 8740 authorizing staff to complete and submit an application for grant monies in the amount of $350,000; motion carried (5 -0). C70. DECEMBER CITY COUNCIL MEETING (File No. 152) Council considered canceling the regular City Council meeting of Tuesday, December 16,1997. Moved by RomeroWilliams to direct staff to cancel the meeting; motion carved (5 -0). C11. ZONING MAP CHANGE - 3550 BROAD (File No. 463) Council considered giving final passage to an ordinance changing the zoning map from Service Commercial, with a Planned Development (CS -PD) to Service Commercial (C-S), for an 11 -acre site at the southeast comer of Capitolio and Broad Street; Vons Markets, applicant. (Continued from 11/4/97.) Moved by Romero/Williams to give final passage to Ordinance No. 1329; motion carried (5-0). C12. MANAGEMENT OF UNCLAIMED PROPERTY (File No. 165) Council considered giving final passage to an ordinance amending the Municipal Code providing for the disposition of unclaimed bicycles and toys, and bringing Section 3.32.020, regarding the time period within which unclaimed property may be sold at public auction, into compliance with State law. (Continued from 1114/97.) Moved by Romero/Williams to give final passage to Ordinance No. 1330; motion carried (5 -0). C13. MILLS ACT CONTRACTS (File No. 451) Council considered approving Mills Act contracts for historic properties located at 670 Islay Street and 547 Marsh Street. Moved by RomeroWilliams to adopt Resolution Nos. 8741 (670 Islay) & 8742 (547 Marsh) approving historic property preservation agreement with the owners of the property at 670 Islay Street, and adopt resolution approving historic property preservation agreement with the owners of the property at 547 Marsh Street; motion carried (5 -0). City Council Meeting Page 4 Tuesday, November 18,1997- 7:00 p.m. PUBLIC HEARINGS 1. MARSH STREET GARAGE EXPANSION EIR (File No. 554) Council Member Smith declined to participate in the discussion of this item due to a potential conflict of interest. Council held a public hearing to consider the Final Environmental Impact Report. (EIR) for the Marsh Street Garage Expansion project. Public Works Director McCluskey presented the staff report reviewing the mitigation measures and the mitigation monitoring and reporting program. He presented additional recommendations regarding the Old Town Neighborhood Association, based on suggestions made by the Mayor. He presented statistics regarding the historical traffic counts on Marsh Street and illustrated that the expansion will be located at the edge of the commercial core as required by the General Plan. Steve Speed of Rincon Engineering reviewed the City Council Input Report, published since the last meeting, and impact mitigation measure timing. He noted the addition to the plan of an analysis of a potential structure location at the comer of Nipomo and Pacific Streets. Scott Schell, Associated Transportation Engineers, reviewed the traffic impact methodology, explaining that it is a land use modeling approach, which has been the consistent method used for most EIRs completed for this City, as well as the industry standard. He clarified how the traffic patterns were forecast. Mayor Settle opened the public hearing. John Linn, Downtown business owner, stated that he supports any and all means to relieve the downtown parking crunch. He spoke in support of the expansion of the Marsh Street garage. Bill Storm. SLO, asked Council to support the expansion of the Marsh Street parking structure. He stated that he is speaking on his own behalf, as well as the AARP. Patrick Willson, Patrick's Hot-dogs, spoke in support the expansion of the parking structure. He said there is a shortage of parking spaces downtown. Steven Peterson, Cal Poly Student, stated that the garage expansion is bad planning and asked Council not to certify the EIR. Mary Beth Schroeder, SLO, agreed with the preceding speaker and stated that she does not want additional parking in the center of town. Michael Sallabberry, Cal Poly civil engineering student, proposed that three park & ride lots be built outside the downtown core, and he did not support the EIR certification. Deborah Holley, asked Council to certify the EIR and noted that the expansion will help the BIA to work with the neighborhoods to help alleviate the parking situation there. She read and submitted a letter from Jeannette Clements in support of the expansion. Mike Spangler, BIA Parking Committee, complimented the consultant and asked Council to certify the EIR. Tunny Ortali, spoke in support of the certification of the EIR. Sam Blakeslee. Chamber of Commerce, spoke in support of the expansion of the Marsh Street structure and asked Council to certify the EIR. �I 1 City Council Meeting Page 5 Tuesday, November 18,1997- 7:00 p.m. Pierre Rademaker. President of BRA, spoke in support, of the expansion of the parking structure and noted that the residences are vital to the -success of the downtown and that the expansion will ! improve the neighborhoods. r Akiva Werbalowskly spoke about concerns regarding the effect of the expansion on air quality, and stated that there are alternative means to bring more people downtown rather than making more parking spaces for more cars. He said the EIR is flawed. Gary Fowler. MRII Street, spoke in opposition to the expansion of the Marsh Street Garage, stating that it will have negative effects on the post office. He suggested the expansion of the Downtown trolley runs. Cheryl Burcheri , SLO, stated that the City has not supported the Old Town neighborhood and the study should include measures to preserve its character. Dave Kastner, downtown business owner, supported certification of the EIR. Jim Frye, stated that an expanded parking structure will level the playing field for downtown businesses with malls and big box stores. Dan Smith, Garden- Street Inn, spoke in support of the expansion, stating that additional parking is needed. Jerry Dagna, spoke in support of the expansion of the Marsh Street structure, stating that there is a need for the additional parking. ' Pat Veesart, SLO, stated that the EIR is inadequate and that the Sierra Club has submitted comments and does not believe that those comments have been adequately addressed. He stated that the process has been flawed. Brian Christianson, 818 Pismo Street, stated that the EIR is not sufficient and noted that the impact on the Post Office must be addressed at this time. Sterling McBride, 1633 Santa Rosa, urged the Council not to certify the EIR. Eugene Judd, 743 Pacific, spoke about concerns regarding pedestrians crossing Marsh Street after an expansion is built. He asked Council not to certify the EIR. Craig Anderson, SLO, stated that the process is flawed. He opposed certification of the EIR. He proposed that if the Marsh Street garage expansion is built, then an equal number of surface spaces should be eliminated. Ira Winn, SLO, stated that the Marsh Street expansion is not the best place for additional parking. He asked Council not to certify the EIR. Torre Holgate -West, MRII Street, spoke in opposition to the Marsh Street garage expansion. She asked Council not to certify the EIR. Alien Green spoke in opposition to the expansion of the garage. Peg Pinard, SLO, stated that a major flaw of the EIR is the description of where traffic will go upon exiting the garage. She asked that Council to ensure that traffic management measures protect the neighborhood. John French supported the preceding speaker. He said that there is clearly a shortage of parking downtown, and that must be addressed. City Council Meeting Page 6 Tuesday, November 18,1997- 7:00 p.m. Diane Hull, SLO, stated that.the downtown parking program is self -supporting. She asked Council to certify the EIR. Steven Potretz, Parable Book Store owner, encouraged the Council to make a decision and certify the EIR. Richard Kranzdorf, stated that the Marsh Street location is not the proper place for additional parking. Brett Weaver, BIA Board of Directors, spoke in support of the EIR certification. Rob Rossi, spoke in support of the expansion of the Marsh Street structure, stating that it will add to the compact urban form of the downtown. He asked Council to certify the EIR. Mayor Settle closed the public hearing. Staff clarified that no impacts to postal service operation have been identified and that the post office has been in discussions with the city for some time. The Marsh Street cross walk, lighting within the structure and the process for final design considerations were discussed. Council accepted the recommendations to change mitigation measures as outlined on page 1 -18 of the staff report as follows: - Install 4 -way traffic signal at the intersection of Broad and Pacific Streets when warranted. - Remove "reclassify the segment of Pacific between Osos and Broad Street to Commercial" - Change "monitor level service at mid -block crosswalk on 800 Marsh Street . . ." to "Install signal at the mid -block crosswalk on 800 Marsh Street prior to the occupancy of expanded structure" Vice Mayor Roalman stated, for the record, that he believes the City is moving in the wrong direction by certifying the EIR. After discussion, moved by Romero/Williams to 1) adopt Resolution No. 8743 certifying the modified Final EIR including the recommended mitigation measures, as amended, and the preliminary Mitigation Monitoring and Reporting Program (MMRP); 2) direct staff to develop methods to direct traffic away from the neighborhood In consultation with the neighborhood; and 3) direct staff to work with the Old Town Neighborhood to form a neighborhood parking district per their wishes following the existing City adopted process; motion carved (3 -1 -1, Roalman voting no and Smith not participating). Mayor Settle recessed the meeting at 10:30 p.m., then reconvened at 10:45 p.m. Council Member Smith rejoined the Council at the dais. Mayor Settle announced that PG&E has sold the Morro Bay power plant to Duke Power Company. 2. APPEAL -1 HIGUERA STREET (File No. 407) Council held a public hearing to consider an appeal of a condition of the Community Development Director's approval of a request to build a new gazebo and add site lighting to an existing automobile sales lot located at 1 Higuera Street; Mike McCarthy, applicant. Community Development Director Jonas presented the staff report, stating that the improvements are required by the Municipal Code, as well as the 1911 Act. City Council Meeting Tuesday, November 18,1997- 7:00 p.m. Mayor Settle opened the public hearing. Page 7 Mike McCarthy, business owner and tenant, stated that it is not financially feasible for the business to make the improvements at this time. Mike Spangler, appellant/property owner, stated that he would like a sidewalk at the location, but that the expense for the improvements should not be all his. He submitted documents regarding court cases which establish the requirement for a nexus, and offered to dedicate the property to the City if the City agrees to install the improvements. Brett Cross, stated that the issue is safety. He noted that over the years the property has gradually developed from a burned down building to a used car lot without installing any street improvements. Mayor Settle closed the public hearing. Council discussed the possibility of accepting the offer of a dedication of the land with the agreement that the City will install the improvements or a cost sharing arrangement. Council agreed that more information was needed with regard to the value of the property and the costs of the improvements before a decision could be reached. After discussion, moved by Williams /Smith to continue the item to January 6, 1997; motion carried 3. APPEAL - SIGN HEIGHT EXCEPTION (File No. 407) 1 Council held a public hearing to consider an appeal by Rajni Desai (Travelodge) of an Architectural Review Commission (ARC) action approving an eight -inch height exception for an existing sign at the Coachman Motel located at 1001 Olive Street, adjacent to the Freeway; Coachman Inn, applicant. Community Development Director Jonas presented the staff report, recommending that Council deny the appeal. Mayor Settle opened the public hearing. Raini Desai, appellant, stated that the sign was illegally installed and asked Council to grant the appeal. Mayor Settle closed the public hearing. After discussion, moved by Williams/Romero to adopt Resolution No. 8744 denying the appeal and upholding the ARC action; motion carried (5 -0). BUSINESS ITEMS 4. AIRPORT AREA PREZONING STRATEGY (File No. 441) Council considered a conceptual interim zoning strategy for the Airport Area. Community Development Director Jonas presented the staff report, explaining the guidelines for 'y zoning applications within the Airport Area. Mayor Settle opened the meeting for public comment. City Council Meeting Page 8 Tuesday, November 18,1997- 7:00 p.m. Jerry Dagna, SLO, stated that landowners were not properly notified, and that he believes the proposed guidelines steal the property rights of the owners and will keep the County from developing the property before annexation. Assistant CAO Hampian stated that a letter was mailed on November 71 to property owners listed on the County Assessor's roles. Diane Hull, speaking as a representative of the Edna Area property owners, stated that she knows of three property owners who were not notified. She stated that properties being annexed in the interim should be addressed on a case by case basis. She said the action is premature and asked Council to continue the item. William Forest property owner in the Airport Area, stated that he agrees with the preceding speaker. John French spoke representing Rob Olsen, airport area property owner, stating that the plan is a positive step forward and noted that it is just a guideline, not a zoning. Mayor Settle returned discussion to the Council. Mayor Settle stated that he prefers to continue the item to a future date until notification can be made to all property owners. After discussion, by unanimous consensus, Council agreed to table the issue. 5. FROOM RANCH DEVELOPMENT (File No. 441) Council considered and reviewed an application filed with the County of San Luis Obispo to change their General Plan to allow commercial development of the Froom Ranch property without annexation to the City. Community Development Director Jonas presented the staff report. Mayor Settle opened the meeting for public comment. Jerry Dagna, SLO, said that this item is a personal agenda for the City, that the Board of Supervisors are aware of the City's position, so the letter is not necessary and should not be sent. Diane Hull, SLO, asked what the Council is hoping to accomplish with the letter, and to draft the letter in such a way that it will accomplish its purpose. Mayor Settle returned discussion to the dais. After discussion, Council Members agreed by unanimous consensus to send a strictly generic letter regarding land use policies outside the City Limits, but within the Urban Reserve Line, to the Board of Supervisors, and directed staff to follow up with County staff with a separate chronology of events specific to the Froom Ranch. COUNCIL LIAISON REPORTS Due to the lateness of the hour, there were no reports. COMMUNICATIONS Due to the lateness of the hour, there were no communications. City Council Meeting Tuesday, November 18,1997- 7:00 p.m. Page 9 There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 12:30 a.m. to Tuesday, December 2, 190 at 7:00 p.m: in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 1212197 Vz BG:dr Bo ie L. Gawf, C,i Cle, c MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 2,1997- 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Dodie Williams, Vice Mayor Bill Roalman, and Mayor Allen Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City Administrative Officer, Arnold Jonas, Community Development Director, Bill Statier, Finance Director; Bob ' Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation Director; Neil Haviik, Natural Resources Manager; Wendy George, Assistant to the CAO; Dave Pierce, Wastewater Reclamation Coordinator; David Hix, Wastewater Division Manager PUBLIC COMMENT PERIOD PC1. Dennis Murray. SLO, stated he operates a business on McMillan Street and that there is a substantial speeding problem on that street, because individuals are driving 50-60 mph in a 25mph zone. He said that efforts to work with staff have not provided relief. Council referred the matter to staff with the direction to work with Mr. Murray regarding his concerns. PC2. Brett Cross, 1217 Mariners Cove, spoke about downtown graffiti, saying that there is a wall which was covered with graffiti several weeks ago, and needs to be cleaned. He asked for a graffiti ordinance. Council asked staff to determine if the wall was on public property and to proceed accordingly. CONSENT AGENDA At the request of Council Member Williams, staff clarified the appraisal process for the Filipponi property (Item C2) and estimated that the grant would likely cover about half of the price that will eventually be set Council Member Williams indicated that she would be voting no on Item C2. Moved by Smith/Roalman to approve the Consent Agenda as recommended by the City Administrative Officer, except items C4 and C5, which were pulled for discussion; motion carved (5- 0, except item C2; 4-1, Williams opposed). C1. COUNCIL MINUTES