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
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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).
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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.
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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.
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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