HomeMy WebLinkAbout01/06/1998City Council Closed Session
Tuesday, January 6,1998 - 6:00 P.M.
Page 2
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chambers,
where the public report of the action taken in closed session was to be given.
nnie L. Gawf� ty rk
APPROVED BY COUNCIL: 1/20198
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 6,1998- 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Dave Romero and Dodie Williams, Vice Mayor Kathy Smith,
and Mayor Allen Settle
Absent: Council Member Bill Roalman '
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; Ann Slate, Director of
Personnel; John Moss, Utilities Director; Mike McCluskey; Public Works
Director, Paul LeSage, Parks and Recreation Director, Ron Whisenand,
Development Review Manager; Neil Havlik, Natural Resources Manager.
PRESENTATION
Mayor Settle presented a Proclamation to Jim Levy, Director of the Family Services Center,
recognizing the 30"' anniversary of the Family Services Center.
PUBLIC COMMENT PERIOD
PC1. Todd Miller stated that there problems remain concerning the height discrepancy between
his driveway and the newly installed sidewalk and that as yet the work is incomplete. The
matter was referred to staff.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen announced that no action was taken regarding the existing litigation
between Hysen & Secrest v. City of San Luis Obispo; Council authorized ongoing analysis of the
negotiations with the Management Group; Council continued the discussion of property
negotiations regarding 610 Monterey (Russ Adrienne Property); and authorized discontinuing
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City Council Meeting Page 2
Tuesday, January 6,1998 - 7:00 p.m.
negotiations on 1240 Nipomo (Wells Fargo Property)....
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CONSENT AGENDA
In regard to item C6, Council Member Romero stated for the record that it is vitally important for the
City to maintain an effective sidewalk repair program.
Because of procedural concerns, staff requested that Item #5 be continued to a future meeting.
Moved by Williams/Smith to continue Item #5 to February 3,1998.
Moved by Smith/Romero to approve the Consent Agenda as recommended by the City
Administrative Officer; motion carried (4 -0-1, Council Member Roalman absent).
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, December 2,1997 at 7:00 p.m.
Moved by Smith /Romero to waive oral reading and approve minutes as amended; motion carried
(4-0-1, Council Member Roalman absent).
C2. SURPLUS CITY PROPERTY - EQUIPMENT (File No.165)
Council considered declaring two buses as surplus property.
Moved by Smith /Romero to adopt Resolution No. 8748 declaring two buses as surplus property;
motion carved (4-0-1, Council Member Roalman absent).
C3. SURPLUS CITY PROPERTY - COMPUTERS (File No. 165)
Council considered the sale of surplus computer equipment.
Moved by Smith/Romero to adopt Resolution No. 8749 authorizing the sale of replaced computer
equipment; motion carried (4-0-1, Council Member Roalman absent).
C4. WATER RECLAMATION CLARIFIER REPAIR (File No. 98-69)
Council considered of plans and specifications for Water Reclamation Facility Clarifier 1 & 3
Repair.
Moved by Smith/Romero to 1) approve plans and specifications for "Water Reclamation Facility:
Clarifier 1 8: 3 Repair; 2) authorize staff to advertise for bids and authorize the CAO to award the
contract if the lowest responsible bid is within the Engineer's Estimate of $180,000 with
contingencies; and, 3) authorize staff to purchase replacement equipment from a sole source for
the repair project; motion carried (4-0-1, Council Member Roalman absent).
C5. PARKING LOT SWEEPING CONTRACT AMENDMENT (File No. 97-32)
Council considered the parking lot sweeping contract and appropriation of funds.
' Moved by Smith/Romero to 1) authorize the CAO to execute an amendment to the parking lot
sweeping contract; and, 2) amend the 1997 -99 Financial Plan as follows: Appropriate an
additional $1,100 from the unappropriated General Fund balance in 1997 -98 for contract street
sweeping; and $1,900 in 1998 -99 motion carried (4-0-1, Council Member Roalman absent).
C6. RISK MANAGEMENT REPORT (File No. 187)
City Council Meeting
Tuesday, January 6, 1998 - 7:00 p.m.
Page 3
Council considered the 1996 -97 Risk Management Report.
Moved by Smith /Romero to receive and file the Risk Management Report for 1996 -97; motion
carried (4-0-1, Council Member Roalman absent).
C7. TRACT MAP TIME EXTENSION (File No. 410)
Council considered a one -year time extension for filing the final map for Vesting Tract Map No. 2139,
a 9-unit residential condominium project at 533 Pismo Street on the eastern comer of Pismo and
Beach Streets.
Moved by Smith/Romero to adopt Resolution No. 8750 approving the requested one -year time
extension for filing the final map for Vesting Tract Map No. 2139, subject to all the findings and
conditions of tentative map approval; motion carried (4-0-1, Council Member Roalman absent).
C8. COOPERATIVE PURCHASING — OFFICE SUPPLIES (File No. 161)
Council considered authorizing cooperative purchasing of office supplies through the County of San
Luis Obispo.
Moved by Smith/Romero to authorize cooperative purchasing of office supplies through the
County of San Luis Obispo; motion carried (4 -0-1, Council Member Roalman absent).
APPOINTMENTS
Al. ELECTION CAMPAIGN REGULATIONS ORDINANCE STUDY COMMITTEE AND UPDATE ON
CHANGES IN STATE CAMPAIGN REGULATIONS (File No. 326)
Council considered appointment recommendations to the Election Campaign Regulations Ordinance
Study Committee and update on changes in State campaign regulations.
Moved by Williams /Smith to 1) appoint Terry Conner, Robert Griffin, Wilda Rosene, Bob Silva and
Pat Veesart to the Election Campaign Ordinance Study Committee, effective immediately, to
sunset upon adoption of a new Election Campaign Ordinance; and, 2) receive and file status
report on Proposition 208 update; motion carried (4-0-1, Council Member Roalman absent).
A2. PAC ART ADVISORY COMMITTEE APPOINTMENT (File No. 854)
Council considered appointment of City representative to the Performing Arts Center Art Advisory
Committee.
Moved by Smith /Wlliams to appoint Wilda Rosene to be one of two city representatives to the
Performing Arts Center Art Advisory Committee; motion carried (4-0-1, Council Member Roalman
absent).
A3. CENTRAL COAST PAC COMMISSION (File No. 854)
Council considered reappointment of City representatives to the Central Coast Performing Art
Center Commission.
Moved by Williams /Smith to reappoint the Mayor as a delegate and the Vice Mayor as an alternate '
to the Central Coast Performing Arts Center Commission; motion carried (4-0-1, Council Member
Roalman absent).
COUNCIL LIAISON REPORTS
City Council Meeting Page 4
Tuesday, January 6,1998 - 7:00 p.m.
There were no Council Liaison Reports.
PUBLIC HEARINGS
FOOD-4-LESS USE PERMIT MODIFICATION (File No. 441)
Council held a public hearing to reconsider a previously approved use permit condition for the Food -
4- Less/TK Development (A6- 96),154 Suburban Road, relating to an off -site sound wall next to the
Los Verdes Paris #1 subdivision.
Development Review Manager Whisenand presented the report, giving a brief history of the cost
sharing agreement. He recommended that TK be required to place $31,000 in a letter of credit so the
HOA could complete the construction of the wall at their discretion.
Mayor Settle stated that he has received a letter from Los Verdes residents requesting a continuance,
but that the applicant has requested that the matter be heard tonight, so their tenant's business
could open on time.
Discussion ensued, and Council Members decided to hear the matter tonight so the opening of the
business would not be delayed. Council Member Smith indicated that she disagreed and would like
to continue the matter.
Mayor Settle opened the public hearing.
David St. John, applicant representative, stated that the original agreement established a 50-50
cost sharing, which is a matter of public record. He stated that the applicant supports the staff
recommendation. He noted that the traffic and sound impacts are less than 15% and that their
offer of a 50% share is generous. He said that the applicant remains committed to that offer.
City Attorney Jorgensen clarified that the City does not have the authority to order the applicant to
pay the full cost of the construction of the wall, because there is not sufficient nexus.
Dean Werner, Los Verdes Park resident, stated that he should not have to contribute to the cost of
the wall. He urged the Council to take the residents into consideration.
Chris Greenall. Los Verdes Park homeowner at 16 Villa Court, asked Council to uphold the original
condition. She stated that the perspective of the homeowners is different from that of the
applicant, and that there was no acknowledgment by the homeowners association of a 50 -50 cost
sharing.
Randall Murray, Los Verdes Park homeowner at 43 Del Sol Ct., stated that the 50 -50 cost sharing
issue was never voted on at the Los Verdes Park HOA meeting, but only mentioned as a
possibility at a Planning Commission meeting.
Lynn Murray, 43 del Sol Ct., stated that it would be unfair for residents to pay the cost of the
sound wall.
Bernice Cardoza, 3860 S. Higuera, thanked Council for granting the permit for Food4-Less. She
said that at the April 10'" meeting of the Planning Commission an agreement was made for the SO-
50 cost sharing. She said that the sound wall should have been built at the time of construction of
the homes, and that the 50 -50 offer is very generous.
Phyllis Needleman, 90 Los Verdes, President of Los Verdes Park HOA, stated that no single
member can make a commitment without a vote by the board, which never happened. She asked
that an additional condition be for TK to build a wall along Los Osos Valley Road as well. She said
City Council Meeting
Tuesday, January 6,1998 - 7:00 p.m.
Page 5
the agreement reached was for TK to build the wall and that the HOA would remove the old
landscaping and replant.
Bill Bates. 6 Perla Lane, Los Verdes Park 2 resident, stated that then: was never a vote among the
board of directors to approve a 50-50 cost sharing for the construction of the wall. He noted that
traffic signal timing should be adjusted to stop right - turning traffic periodically at the comer of
South Higuera and Los Osos Valley Road.
Victor Montgomery, 3071 S. Higuera, applicant representative, stated that at TK's October 28, 1996
meeting with HOA representatives, many issues were discussed, and it was made clear that any
agreement would have to be approved by Mike Timm at TK, and that never happened.
Phyllis Needleman, stated that an agreement was made at the meeting she referenced in earlier
comments.
Lam McGee, Project Manager for TK Development, stated that there was not a binding agreement
made at the meeting with the HOA Board.
Ruth Palmer. Silver City resident, stated that the company should not have to pay the full cost of
the construction of the wall.
Mayor Settle closed the public hearing.
After discussion, moved by RomerolWilliams to adopt Resolution No. 8751, as amended, denying
the request of the applicant to eliminate condition no. 5 of the Council approved use permit, but
approve a modification to the condition specifying the applicant's level of responsibility for
construction of this off -site improvement; motion carried (3 -1 -1, Council Member Smith voting no, I
Council Member Roalman absent).
PUBLIC COMMENT con'td.
At the request of Gilbert Carranza, Council agreed to re-open public comment.
PC2. Gilbert Carranza, asked Council to issue a certificate of public convenience so he could open a
needed third taxi company in town. Council directed staff to work with Mr. Carranza and bring
back the issue to Council. City Attorney Jorgensen noted that the taxi ordinance is in need of
an update.
PUBLIC HEARINGS cont'd.
2. APPEAL -1 HIGUERA STREET (File No. 407)
Council held a public hearing to consider an appeal of 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, east side of Higuera Street, north of Elks Lane; Mike McCarthy, applicant
(Continued from 11118197).
Community Development Director Jonas presented the staff report He noted that the proposed
solution has been agreed upon by the appellant
Mayor Settle opened the public hearing, and having no requests to speak, closed the public
hearing.
After discussion, moved by Smith/Romero to adopt a Resolution No. 8752 denying the appeal and
requiring dedication of right -of -way and design of frontage improvements with the project, and
direct that the costs of improvements be included in the Draft 1998 -99 Capital Improvement Plan
(CIP); motion carried (4-0-1, Council Member Roalman absent).
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Tuesday, January 6,1998 - 7:00 p.m.
3. APPEAL - 3450 BROAD STREET (File No. 407)
' Council held a public hearing to consider an appeal by Roger Marshall of an Architectural Review
Commission's approval of a proposal to develop a new commercial building on the east side of
Broad Street, north of Capitolio Way (ARC 88 -97).
Development Review Manager Whisenand presented the staff report.
Mayor Settle opened the public hearing.
Roger Marshall, 3470 Broad, appellant, stated that the ARC is authorized to address parking
issues. He detailed the size of the first floor and potential mezzanine level that could be added,
and the required parking for a building of that size. He detailed other issues as outlined in his
letter of appeal.
Hamish Marshall, applicant, stated that this is a straight forward development, and they are not
asking for any variances. He noted that the applicant is following the correct process for the use
permit, and will have to return to the Planning Department to get a business license issued for any
tenant wishing to move in.
Roger Marshall, rebutted that City staff does not have the time to police who the tenants will be.
He said approval of the building circumvents the zoning ordinance.
Teresa Baily, adjacent property and business owner, stated that she has concerns regarding the
height of the proposed building and traffic impacts.
Steve Pults, project architect, 1401 Higuera, stated that a very small portion of the building is 35
feet high, most of it is at 18 feet. He noted that he can only rent to tenants for which he has
parking.
Mayor Settle closed the public hearing.
After discussion, moved by RomeroWilliams to adopt Resolution No. 8753 denying the appeal,
and upholding the Architectural Review Commission's action to approve the project, including a
creek setback exception, based on findings, and subject to conditions and code requirements;
motion carried (4-0-1, Council Member Roalman absent).
4. HOUSING AUTHORITY CONDUIT FINANCING REQUEST (File No. 258)
Council held a public hearing to consider conduit financing request by the Housing Authority for
the Brizzolara Street Apartments Project, Nipomo and Brizzolara Streets.
Finance Director Statler presented the staff report.
Mayor Settle opened the public hearing.
George Movlan, Housing Authority, answered a question from Council, stating that the most the
Authority would be borrowing would be $1.6 million.
Mayor Settle closed the public hearing.
After discussion, moved by Smith /Romero to adopt a Resolution No. 8754 approving the issuance
of multi -family housing revenue bonds on behalf of the Housing Authority for their Brizzolara
apartments project; motion carried (4-0-1, Council Member Roalman absent).
City Council Meeting Page 7
Tuesday, January 6,1998 - 7:00 p.m.
COMMUNICATIONS
Comm1. Mayor Settle noted that Planner Judith Lautner will be leaving the employment of the City
soon, and stated that Council would like to express their appreciation to her for her years of service.
Comm2. Council Member Williams noted that Growing Grounds Farm has invited Council Members
to tour their operation.
Comm3. Mayor Settle noted that he has received correspondence from the Army Corps of
Engineers, and that the Corps is in the process of developing a regional general permit for
emergency work.
Comm4. Council Member Smith stated that the Mardi Gras committee has indicated that a major
marketing effort is being made to draw people to the event, and she is concerned that the event will
be even larger that in the past Ken Hampian, ACAO, stated that a committee of 25 people have been
meeting regarding Mardi Gras marketing and other issues. He said that the advertising is local and
directed toward families. Police Chief Gardiner said that the family aspect of the event is being
emphasized, and will hopefully tone down the event. He said the PD is comfortable that the new
marketing will help manage the event along with the 25 additional deputies and officers.
BUSINESS ITEMS
S. MULTI -MODAL TRANSPORTATION CENTER UPDATE AND DOWNTOWN TRANSFER SITE
DESIGN CONTRACT AWARD (File No. 549)
Moved by Williams/Smith to continue the item to February 3,1998.
There being no further business to come before the City Council, Mayor Settle adjourned the meeting
at 9:35 p.m. to Thursday, January 8,1998 at 7:00 p.m. in the City of Atascadero, CA.
APPROVED BY COUNCIL: 1/20198 .
BG:dr r ie L. Gawf, C't Cy c
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