HomeMy WebLinkAbout04/21/1998City Council Meeting
Tuesday, April 21,1998 - 6:30 P.M.
Unrepresented Employees:
Department Heads
Page 2
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.
onnie L. Ga , Ci Clerk
APPROVED BY COUNCIL: 515/98
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 21,1998 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
' Present: Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice
Mayor Kathy Smith, and Mayor Allen K. Settle
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Kim Condon, Assistant City Clerk; Ken Hampian, Assistant
City Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director; Bob Neumann, Fire Chief;
Darren Drake, Fire Marshall John Moss, Utilities Director, Gary
Henderson, Water Division Manger; Mike McCluskey, Public Works
Director; Al Cablay, Public Works Manager; Harry Watson, Transit
Manager; Wendy George, Assistant to the CAD
PRESENTATIONS
P1. Ken Palmer of the San Luis Obispo County Office of Education gave a presentation
on the San Luis Obispo County Education Cable Television Channel.
CLOSED SESSION ANNOUNCEMENT
' Jeff Jorgensen, City Attorney, announced that the Council held two closed sessions prior to
the meeting. Council gave direction to staff to proceed with acquisition of property at 879
Morro St Regarding the labor negotiations with Department Heads, Council advised staff to
proceed with further negotiations.
City Council Meeting Page 2
Tuesday, April 21, 1998 - 7:00 p.m.
There were no public comments.
PUBLIC COMMENT
CONSENT AGENDA
Council Member Roalman asked that Cal Poly be given the opportunity to bid on Item C -2,
Web Design and Development Consultant Services. Finance Director Statler said that they
would be included.
John Dunn. City Administrative Officer, requested that staff be given minor editorial flexibility
with regard to Item No. C -8, Design Services - Marsh Street Garage Expansion, in
strengthening the sections on seismic strengthening of the structure and interconnection of
the new proposed structure to the existing garage.
Vice Mayor Smith said that due to a conflict of interest she would step down on Item C -8.
Moved by Williams/Romero to approve the consent agenda; motion carried (5-0), with the
exception of C-8 (4-0-1, Smith stepping down).
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, April 7,1998, 6:30 p.m.;
Tuesday, April 7, 1998, 7:00 p.m.
Moved by Williams /Romero to waive oral reading and approve minutes as amended; motion
carried (5-0).
C2. WEB DESIGN AND DEVELOPMENT CONSULTANT SERVICES (File No. 9207)
Council considered a request for proposals (RFP) for Web Design and Development
Consultant Services.
Moved by Williams /Romero to approve the request for proposals (RFP) for City web site
design and development services, Specification No. 9207, and authorize the CAO to award
the contract, if within the project budget of $30,000; motion carried (5 -0).
C3. SANTA ROSA STREET BRIDGE DESIGN CONTRACT AMENDMENT (File No. 9082)
Council considered the Santa Rosa Street Bridge Design Contract amendment.
Moved by Wiliams /Romero to 1) approve the amendment to the agreement for the Santa
Rosa Street Bridge and authorize the City Engineer to execute it; 2) appropriate $2,660 from
the unappropriated balance of the General Fund and $10,640 in grant revenue and move it
to 400.9082.520.552 for Santa Rosa Street Bridge design services; and, 3) direct Finance to
encumber an additional $1,840 in 400.9082.520.550 and $14,800 in 400.9082.520.552 to
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Quincy Engineering; motion carried (5 -0). 1
City Council Meeting Page 3
Tuesday, April 21,1998 - 7:00 p.m.
C4. FINANCIAL MANAGEMENT SYSTEM (File No. 70.4-06)
Council considered approving and awarding Financial Management System contract.
Moved by Williams/Romero to 1) approve contract with Pentamation in the amount of
$367,800 for a new financial management system, and authorize the Mayor to execute the
agreement; 2) authorize the Director of Finance to approve necessary contract
amendments, as needed, up to the approved project budget; and, 3) amend project cost
allocation between funds (no net changes in the project cost); motion carried (5 -0).
C5. NORTH AMERICAN WETLANDS CONSERVATION ACT (File No. 487)
Council considered authorizing application for grant funds from the North American
Wetlands Conservation Act Small Grant Program.
Moved by Williams /Romero adopt a Resolution No. 8788 authorizing submittal of a grant
application to the U.S. Fish and Wildlife Service in the amount of $10,000 in support of
acquisition of the Union Pacific (formerly Southern Pacific) Railroad property in Stenner
Creek Canyon; motion carried (5 -0).
C6. -FINAL ACCEPTANCE TRACT 2126 — STONERIDGE 11 (File No. 410)
Council considered final acceptance of public improvements under Tract 2126 (Stoneridge
11), a 60 -lot residential subdivision at the west end of Stoneridge Drive.
Moved by Williams /Romero to adopt Resolution No. 8789 accepting the public
' improvements for Tract 2126, Stoneridge 11; motion carried (5 -0).
C7. ANNUAL UTILITY TRENCH REPAIR (File No. 9203)
Council considered the Annual Utility Trench Repair Project.
Moved by Williams /Romero to 1) approve specifications for "Annual Utility Trench Repair,"
Specification No. 9203; 2) authorize staff to advertise for bids; and, 3) authorize the CAO to
award the contract to the lowest responsible bidder (engineer's estimate: $70,000); motion
carried (5 -0).
C8. DESIGN SERVICES - MARSH ST. GARAGE EXPANSION (File No. 9684)
Consideration of a request for proposals for design services for the Marsh Street Garage
Expansion.
Moved by Williams/Romero to 1) approve request of proposals (RFP) for design services for
the Marsh Street Garage Expansion, authorize soliciting of proposals, and authorize
contract award by the CAO if the selected proposal is within the engineer's cost estimate of
$250,000; and, 2) appropriate $38,000 from the unreserved parking fund working capital
balance in order to fully fund the engineer's estimate; motion carried (4 -0-1; Smith stepping
down).
C9. SONIC CABLE TELEVISION FRANCHISE TRANSFER (File No. 143)
' Council considered the transfer of Cable Franchise from Sonic Cable to Charter
Communications.
City Council Meeting Page 4
Tuesday, April 21, 1998 - 7:00 p.m.
Moved by Williams/Romero to adopt Resolution'No. 8790 approving the transfer of the City
of San Luis Obispo's cable television franchise from Sonic Cable Television of San Luis
Obispo to Charter Communications Properties LL•C., and authorize the City Administrative
Officer to sign the Change of Control agreement; motion carried (5 -0).
COUNCIL LIAISON REPORTS
CLR7. Council Member Romero reported on the Zone 9 Committee meeting. He said that a
bamboo -like plant called the arundo grows faster than a weed and causes a great deal of
trouble in the creeks. The mother plant has been located and negotiations are currently
underway with the property owners to eradicate the plant. On another matter, he said that
negotiations are still ongoing with the Army Corps of engineers to obtain the necessary
permits to clear the creeks.
CLR2. Vice Mayor Smith reported on the Student Housing Advisory Committee which is now
being chaired by County Supervisor Mike Ryan. She said a draft report on student interest in
on-campus housing looks very positive and the results are being sent back to the consultant.
PUBLIC HEARINGS
1. APPEAL -121 PENMAN WAY (File No. 407)
Council held a public hearing to consider an appeal of the Planning Commission's decision to
uphold the Hearing Officer's action allowing a conforming addition to a non -conforming
structure, and denying a building height exception to allow a 27- foot -high house where a 25-
foot -high house is allowed; Madi Gates, Natalie Neil, Pam and Ric Roucouilatt, appellants;
Donald Waller, applicant (121 Penman Way).
Arnold Jonas. Community Development Director, reviewed the agenda report. He noted that
the house was legal when it was built but the zoning has changed since then and it is now a
non -conforming dwelling. He also said that the applicant will be withdrawing his request
for a two -foot height exception. The recommendation was to deny the appeal and uphold
the Planning Commission's action on the project.
Mayor Settle opened the public hearing.
Rick Racouillett, 511 Serrano Heights, said the project would have a harmful effect on the
character of the neighborhood which is very rural and that most of the homes a low profile
wooden homes. He mentioned that there was a smaller illegal structure on the property.
Pam Racouillett, 511 Serrano Heights, felt the project would not maintain the character of
the neighborhood and asked that the appeal be upheld..
Madi Gates ,125 Serrano Heights, referred to the 1996 General Plan Element regarding
Neighborhood protection and enhancement and urged Council to uphold the appeal.
Natalia Neil, 120 Serrano Heights, expressed concern that the neighborhood will be
changed too much by this expansion.
Brian Conroy, the architectect on the project, here this evening representing the applicant,
Don Waller, said the applicant is trying to be sensitive to the neighborhood and had met
with the neighbors to resolve their concerns. He added that the neighborhood has a
number of different architectural styles and that this project did fit in with the area.
City Council Meeting Page 5
Tuesday, April 21, 1998 - 7:00 p.m.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Smith to adopt Resolution No. 8791 denying the
appeal, and upholding the Planning Commission's action on the subject project and direct
staff, in processing this building permit application, to bring all violations related to
accessory structures on the property up to current code; motion carried (4-1; Romero
voting no).
2. APPEAL - SIGN REGULATIONS (File No. 407)
Council held a public hearing to consider an appeal by Rajni Desai of the Architectural Review
Commission's action to deny a request for exceptions to the sign regulations regarding the
number, size, height, and location of signs for the Econo Lodge Motel at 950 Olive Street
Arnold Jonas, Community Development Director, briefly reviewed the agenda report
explaining why staff was recommending that the appeal be denied.
Mayor Settle opened the public hearing.
Raini Desai, the appellant and Managing Partner of the motel, asked Council to uphold the
appeal.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Romero to adopt a Resolution No. 8792 denying the
appeal and upholding the action of the Architectural Review Commission, based on
findings; motion carved (5-0).
' 3. ZONE RECLASSIFICATION (File No. 407)
Council held a public hearing to consider a request by Keith and Kathy Freeman Godfrey to
amend the zoning map from R -3-H to R -3-MU -H for property located on the southwest comer
of Broad and Palm Streets, and to consider an appeal by Brett Cross of the Planning
Commission's decision to approve this request (963 & 967 Broad St).
Arnold Jonas, Community Development Director, reviewed the background of the structure
and said that staff recommended that the zone reclassification be approved. He explained
that although an appeal had been submitted on this item, it could not be officially considered
an appeal since this was a Planning Commission recommendation that had to come back to
Council for approval.
Mayor Settle opened the public hearing.
Brett Cross, 1217 Mariners Cove, reviewed the points he had made in his unofficial appeal
and urged Council to deny the reclassification.
Ralph Peters. 730 Evans Road, and a property owner near the subject residence, felt that
the project should be better defined before approval. He also expressed apprehension that
this might set a precedent for similar mixed uses.
Tom Kay, San Luis Obispo, said that if this type of mixed use is allowed, business owners
should be required to live at that address.
Keith and Kathy Godfrey, the applicants, responded to Council's questions.
City Council Meeting
Tuesday, April 21, 1998 - 7:00 p.m.
Page 6
Mayor Settle closed the public hearing.
After discussion, moved by RomeroWilliams to introduce Ordinance No. 1335 to print
denying the appeal, approving a negative declaration with mitigation measures and
amending the zoning map from R-3-H to R- 3 -MU -H for property located at 963 and 967
Broad Street, based on findings; motion carried (4 -1; Roalman voting no).
4. USE PERMIT MODIFICATION — FOOD 4 LESS (File No. 410)
Council held a public hearing to consider a request to modify a use permit to allow for
expanded hours of operation for Food 4 Less at 3985 South Higuera Street.
Mayor Settle announced after roll call that the use permit modification has been withdrawn by
the applicant.
5. FIRE SPRINKLER ORDINANCE (File No. 726)
Council held a public hearing to consider revising the Fire Sprinkler Ordinance, Municipal
Code Chapter 15.08.170, extending time requirements for automatic sprinkler systems in the
commercial fire zone.
Bob Neumann, Fire Chief, detailed the benefits of fire sprinkler systems. He said that the
fire sprinkler laterals would be installed free of charge in conjunction with waterline
installation in the downtown.
Mayor Settle opened the public hearing.
No one from the audience spoke.
Mayor Settle closed the public hearing.
After discussion, moved by Settle /Romero to 1) introduce Ordinance No. 1336 to print
amending Municipal Code Chapter 15.08.170 to extend time requirements for automatic
sprinkler systems in the commercial fire zone; and, 2) adopt Resolution No. 8793 modifying
the compensation of property owners in the commercial fire zone for underground
waterline connections that are required for fire sprinkler retrofit; motion carried (5 -0).
There were no communications.
BUSINESS ITEMS
6. COMMUNITY EMERGENCY RESPONSE TRAINING (CERT) (File No. 721)
Council considered of the Community Emergency Response Training (CERT) review.
Chief Neumann gave a status report on the first six months of the CERT program. He said a
citizens support group has been formed, the program has picked up three corporate
sponsors, and the training has a bright future.
After discussion, moved by Williams /Settle.to receive and file an updated report on CERT;
motion carved (5-0).
City Council Meeting Page 7
Tuesday, April 21,1998 - 7:00 p.m.
7. BUS ADVERTISING (File No. 541)
Council considered a report on the effects of TV advertising and the renewal of the Exterior
Bus Advertising agreement
Al Cablay. Public Works Manager, introduced the item.
Harry Watson, Transit Manager, presented details of the report.
Mayor Settle opened the meeting for public comment.
Tom Fulks, Manager SLO Regional RideShare Program, supported the staff recommendation.
Mayor Settle returned discussion to the dais.
After discussion, moved by Williams1Smith to 1y receive report on the effects of TV
advertising on bus ridership; 2) approve an Exterior Bus Advertising agreement with KCOY,
CBS -12 for 1998199; and, 3) authorize the CAO to sign the agreement; motion carried (5 -0).
8. PARK LAND ACQUISITION AND IMPROVEMENT IN ANNEXATION AREAS (File No.
.487)
Council considered acquiring and improving park land in annexation areas.
Bill Statler, Finance Director, explained the proposed guidelines before the Council.
Mayor Settle opened the meeting for public comment
John French, representative of the Garcia and Dana families, suggested that the word
"about' be inserted before the word "two- thirds" in Section C.3.c., and that in the second
paragraph under #4, the words "that will not be dedicated and built by the applicant in the
annexation area" be deleted from the first sentence.
Mayor Settle returned discussion to the dais.
Council agreed by consensus to amend the guidelines to include Mr. French's suggested
changes.
After discussion, moved by Smith/Williams to adopt a Resolution No. 8794, as amended,
establishing guidelines for acquiring and improving park land in annexation areas; motion
carried (5-0).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:20 p.m. to Tuesday, April 28,1998 at 11:30 a.m. in the Council Hearing Room,
990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 515198
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