HomeMy WebLinkAbout05/05/1998ROLL CALL:
Council Members
Present:
City Staff
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 5, 1998- 6:00 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members Bill Roalman, Dave Romero, Dodie Williams, Vice Mayor
Kathy Smith, and Mayor Allen Settle
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer; John Moss, Utilities Director,
Gary Henderson, Water Division Manager, Wendy George, Assistant to the
CAO
City Council held a closed session to discuss the following issues:
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Frangie v. City of San Luis Obispo -
Pursuant to Government Code $ 54956.9
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Frost v. City of San Luis Obispo (Claim
98-09) and Drennan v. City of San Luis Obispo (Claim 98 -11) - Pursuant to Government Code $
54956.9
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6
San Luis Obispo Fire Fighters Association
Agency Negotiator: Ken Hampian
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.
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APPROVED BY COUNCIL: 6102198
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 5, 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; Bonnie Gawf, City Clerk; Ken Hampian, Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director; John Moss, Utilities Director;
Mike McCluskey, Public Works Director; Keith Opalewski, Parking
Manager; Gary Henderson, Water Division; Glen Matteson, Associate
Planner; Neil Havlik, Natural Resources Manager
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen announced closed sessions were held in the matters of:
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Frangie v. City of San Luis
Obispo - Pursuant to Government Code $ 54956.9
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Frost v. City of San Luis Obispo
(Claim 98 -09) and Drennan v. City of San Luis Obispo (Claim 98 -11) - Pursuant to
Government Code § 54956.9
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6
San Luis Obispo Fire Fighters Association
Agency Negotiator: Ken Hampian
PRESENTATIONS
Pres. 1. Mayor Settle presented a proclamation designating May 10 -16, 1998 as
National Hospital Week.
Pres. 2. Mayor Settle presented a proclamation honoring Kid's Day America on May
9,1998.
No one spoke under public comment.
PUBLIC COMMENT
City Council Meeting
Tuesday, May 5, 1998 - 7:00 p.m.
Page 2
CONSENT AGENDA
Council Member Roalman asked to remove Item C2 for clarification. '
Moved by Smith/Romero to approve the consent agenda, except Item C2. Council Member
Roalman registered a no vote on C4; motion carried (5 -0)
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, April 14, 1998 @ 7:00 p.m.;
Tuesday, April 21, 1998 @ 6:00 p.m.; and
Tuesday, April 21, 1998 @ 7:00 p.m.
Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion
carried (5 -0).
C2. ENHANCED PROMOTIONAL FUNDS (File No. 302 -07)
Council considered a recommendation by the Promotional Coordinating Committee (PCC)
to allocate $25,000 of Enhanced Promotional Funding for First Night San Luis Obispo to
cover the estimated cost of marketing /promotion and to partially off -set the cost of artists'
fees.
Council Member Roalman asked why $600 had been budgeted for artist fees, stating that he
believes this is "off the charts" compared to what local talent normally charges.
Dr. Steve Hansen stated that the amount is an estimated average, determined by looking at
other cities' budgets for First Night activities.
It was noted by Council Members that the first year of a program is critical to get started
and to be successful.
Moved by Smith/Williams to approve the PCC's recommendation; motion carried (4 -1,
Roalman voting no).
C3. AWARD OF PUBLIC WORKS CONTRACT (File No. 9875)
Council considered awarding a contract to John Madonna Construction in the amount of
$112,930 for the "Water and Sewer main Improvement Project: Morro & Walnut."
Specification No. 9875.
Moved by Smith/Romero to approve award and authorize the Mayor to execute a contract
with John Madonna Construction; motion carried (5 -0).
C4. ZONE RECLASSIFICATION - 963 BROAD (File No. 201 -05)
Council considered giving final passage to an ordinance amending the zoning map from R-
3-H to R -3-MU -H for property located on the southwest comer of Broad and Palm Streets (963
& 967 Broad St.). (Continued from 4121198.)
Moved by Smith/Romero to give final passage to Ordinance No. 1335; motion carried (4-1,
Roalman voting no).
City Council Meeting Page 3
Tuesday, May 5, 1998 - 7:00 p.m.
C5. FIRE SPRINKLER ORDINANCE (File No. 1503 -01)
' Council considered giving final passage to an ordinance amending the Municipal Code to
extend time requirements for automatic sprinkler systems in the commercial fire zone.
(Continued from 4121198.)
Moved by Smith /Romero to give final passage to Ordinance No. 1336; motion carved (5 -0).
COUNCIL LIAISON REPORTS
Council Member Romero gave a brief report on the first "Walk and Talk" tour taken through
the Monterey Heights neighborhood.
PUBLIC HEARINGS
1. APPEAL — TREE REMOVAL AT 45 CHORRO STREET (File No. 201 -11)
Council held a public hearing to consider an appeal by Orville and Margaret Young of a Tree
Committee action to deny removal of a Monterey pine at the comer of Meinecke and Chorro.
Public Works Director McCluskev presented the staff report.
Mayor Settle opened the public hearing, and having no requests to speak, closed the public
hearing.
After discussion, moved by RomeroWilliams to adopt Resolution No. 8795 denying the
appeal and upholding the decision of the Tree Committee; motion carried (5 -0).
2. RESIDENTIAL PARKING DISTRICTS (File No. 806 -06)
Council held public hearings to consider the establishment of two residential parking
districts:
Public Works Director McCluskev presented the staff report regarding the two parking
districts. He noted that the Draft Downtown Parking and Access Plan states that the city
should wait until more parking is available or a full blown TDM program is in place before
forming more parking districts, but that the ordinance does not include that provision. He
reviewed the effects of forming a parking district in the downtown area at this time.
City Attorney Jorgensen clarified that the City is not currently at a threshold where an EIR to
address this issue is necessary.
Parking Manager Opalewski presented details relating to the areas requesting parking district
formation. He reviewed the practice of providing.shared use parking in other cities and
outlined the start up and ongoing maintenance and enforcement costs for the districts.
A. JOHNSON/PEACH PARKING DISTRICT
Council held a public hearing to consider establishing the Johnson/Peach residential parking
' district as shared use with a two -hour time limit, 8:00 a.m. - 5:00 p.m., Monday through Friday,
and exempting qualified residents from the posted time limit restrictions.
Mayor Settle opened the public hearing.
City Council Meeting Page 4
Tuesday, May 6, 1998 - 7:00 p.m.
Charles Stomi, 772 Johnson Ave., stated that there is currently no parking available for
residents between 8:00 a.m. and 5:00 p.m. He noted the need for a shared use, but that the
residents should have priority.
Diana Galloway, Arroyo Grande, stated that she is an employee who parks on Johnson, and
that the parking is very limited. She said she understands the residents' concerns, but very
few of them park on the street. She asked Council not to restrict the parking.
Sherri Ovington,1209 Peach, said she cannot park in front of her own house, but
understands the complications caused by restricting the parking.
Pam Dassenko, 1615 Woodland Dr., business owner in Fremont Plaza, stated that she parks
on the street and it would be a hardship if she could not park on the street.
Peter Nelson, owner at Fremont Plaza, 1250 Peach Street, noted that the parking behind the
building meets the requirements of the City. He said that the County Government Center
employees park in the area, and if the street were painted to designate parking areas, it
would help.
James Shipsev, Mill Street, stated that the parking problem has been building over the
years, with the Cal Poly students catching the bus in that area, as well as the County
Government Center and Fremont Plaza. He supported the formation of the parking district.
Vince Trudeau supported the formation of the parking district.
Allen Lotta, Walnut Street, works at Fremont Plaza, and stated that it's important to
consider both businesses and residents. 1
Dr. Ralph Kettelkamp, Fremont Plaza owner, stated that many of their patients are
handicapped and need to have parking near the building.
Mayor Settle closed the public hearing.
Council discussed the problem created by forming parking districts and just moving the
parking congestion to the adjacent streets. There was also discussion regarding the high
cost of forming the districts. Council Member Williams. suggested that the ordinance may
need to be changed. Council.Member Romero agreed that the enforcement costs are
becoming too expensive, and that there should be a cost for forming a district.
Vice Mayor Smith stated that it's important to honor the homeowners. Council Member
Roalman stated that shifting the problem is not the answer.
After discussion, moved by Smith /Settle to adopt a resolution establishing a residential
parking permit district in the Johnson and Peach Street area with a two -hour time limit
parking between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday exempting
qualified residents; motion failed (2 -3, Roalman, Romero, Williams voting no).
B. OLD TOWN NEIGHBORHOOD PARKING DISTRICT
Council held a public hearing to consider establishing an Old Town Neighborhood residential
parking district with restricted parking between the hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday.
Parking Manager Opalewski presented details derived from surveys regarding this district.
City Council Meeting
Tuesday, May 5, 1998 - 7:00 p.m.
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Mayor Settle opened the public hearing.
Steve McGrath. Buchon Street, spoke in opposition to the formation of a parking district,
stating that the street is a public right of way.
Robert Newby, stated that he was not surveyed, and asked for clarification on the
boundaries of the district He suggested that Mitchell Park be turned into a parking lot.
Staff clarified that the notices only go to the residents, not landlords who do not live in the
area. Staff also clarified where future parking structures are scheduled to be built.
John Long, SLO, stated that he supports a shared use parking district, and suggested that
the price of the ten hour meters be lowered.
Wesley Hiltbrand, SLO, stated that there is a ripple effect when parking districts are formed,
and that it does not solve the problem.
Margaret Robinson, Santa Margarita, stated that parking downtown is a major problem, and
that a public street is supported by taxes. She said she could support shared parking, but
not an exclusive right to park for residents only.
Bruce Collier. 1203 Pismo, stated that the installation of parking meters near Mitchell Park
has impacted the adjacent neighborhood. He asked Council to remove the meters. He
suggested selling residential parking permits.
Mike Spangler, Downtown Association Parking Committee Chair, stated that if parking is
' provided in the downtown core, it will take the vehicles off the streets. He recommended
that if the Council approves the district, they link it to the completion of the expansion of
the Marsh Street Parking Structure.
Pierre Rademaker. SLO, stated that the problem is the price of success of the downtown,
and that providing parking is key to solving the problem. He supported linking the
formation of a district with the completion of the Marsh Street structure.
Deborah Holley, Downtown Association Administrator, said that the downtown businesses
need more of an opportunity to study the potential effects of the formation of the district
Leland Endres, 790 Islay, spoke in opposition to the formation of the district, stating that
many of the spaces within the district will not be used.
Valerie Endres, 790 Islay, agreed with Steve McGrath, and said that she is opposed to the
formation of the district because it shifts the problem. She noted that the situation is not
analogous to the Alta Vista District.
Paul Brown, 1214 Mariner's Cove, said that the parking problem should be addressed by
providing more parking in the downtown with parking structures. He supported tying the
district to the completion of parking structures.
Joe Delucia,1042 Palm St., agreed with previous speakers who suggested tying the
completion of the structure with the formation of a parking district.
1 Carolyn Dickey 1017 Islay Street, stated that many of the homes in the area have rental
units or are rented out to students. She spoke in opposition to the formation of the district.
City Council Meeting Page 6
Tuesday, May 5,1998 - 7:00 p.m.
Dan Scam, 722 Buchon, spoke in opposition to the formation of the district, stating that it
would be a waste of a resource. 1
Leo Pinard, 714 Buchon, spoke in support of the formation of the district
Patrick Yardy spoke in support of the formation of a district, stating that his neighborhood
is being impacted by the recent placement of meters.
Bret Weaver, Downtown Association, stated that consideration must be given to
businesses as well as residents.
Peg Pinard. 714 Buchon, spoke in support of the formation of the parking district.
Jim Brucharri, Buchon Street, spoke in support of the formation of the parking district.
Bill Walter, Broad & Buchon, stated that the ripple effect will create a problem if the district
is formed; he said the parking should be left open.
Pat Veesart. 1446 Morro, spoke in favor of the formation of the district, stating that it will
help buffer the residences from the businesses.
Mayor Settle closed the public hearing.
Council discussed linking the formation of the district with the completion of the Marsh
Street Expansion and modifying the boundaries of the district, and developing another tier
of low cost parking meter charges for meters outside the core of the downtown. Council
discussed removing the meters on Pismo Street.
Moved by Settle/Wlliams to conceptually endorse an Old Town Parking District in
conjunction with occupancy of the expansion of the Marsh Street Structure, to direct the
staff to continue to investigate the refinement of the boundaries of the district and shared
use of parking within the district, work with the County staff on their Parking Plan, and
analyze the reconfiguration of the parking meters on Pismo Street, including possible
removal and or a three -tiered meter charges; motion carried (5 -0).
Council Member Williams noted for the record that even though she supported the motion,
she continues to disagree with the concept of forming private parking districts on public
streets.
Mayor Settle called a recess at 10:20 p.m., then reconvened the meeting at 10:35 p.m.
3. GENERAL PLAN LAND USE ELEMENT AMENDMENT - MAINO OPEN
SPACE (File No. 208 -02)
Consideration of proposed amendments of the General Plan Land Use element map and
text to reflect the City's recent open space acquisition on San Luis Mountain, west of the
Highway 101 -Marsh Street interchange (Maino Family property).
(Continued from 3117198.)
Moved by Williams/Romero to continue the item to May 19,1998; motion carved (54).
Council agreed by consensus to consider item #6 next. 1
4. GENERAL PLAN AMENDMENT
City Council Meeting Page 7
Tuesday, May 5, 1998 - 7:00 p.m.
A. 1998 WATER RESOURCES STATUS REPORT (File No. 1202-08)
Council held a public hearing to consider of a status report on 1998 water resources.
Utilities Director Moss introduced the staff report. Water Division Manager Henderson
presented details relating to the current water supply and additional water supplies which will
be needed in the future, as well as proposed projects which will help meet those needs.
Mayor Settle opened the public hearing.
John French, 2932 Hollyhock, encouraged the Council to act independently on the Salinas
project rather than waiting for Nacimiento.
Pat Veesart, SLO, asked about the City's in -fill policy with regard to water, and noted that
no new water sources have been brought on line since 1986. He said he does not believe
that the City has enough safe annual yield to service all the properties within the City limits.
Mayor Settle closed the public hearing.
Staff clarified that properties within the City that do not currently have meters installed have
no entitlement to water.
Council discussed the safeguards against exceeding the safe annual yield.
After discussion, moved by Roalman /Settle to bring back a report on implementation of a
reliability reserve; motion failed (2-3, Romero, Smith, Williams voting no).
1 After further discussion, moved by Williams /Smith to 1) receive and file report; 2) direct
staff to initiate the process necessary to clarify policies in the Water Management Element
to the General Plan relative to retrofit and water available for allocation; and, 3) affirm 805
acre feet of available water for allocation based on policies contained in the Water
Management Element, population estimate for 1998; motion carried (4-1, Roalman voting
no).
B. GENERAL PLAN AMENDMENT - FULLER & AERO DRIVE (File No. 208 -02)
Council held a public hearing to consider annexation, long -range plan amendments, and
zoning in the vicinity of Fuller Road and Aero Drive. (Continued from 3117198.)
Community Development Director Jonas introduced the staff report. Associate Planner
Matteson presented details associated with the proposed annexations. He outlined reasons
why approval of the annexation is being recommended.
Mayor Settle opened the public hearing.
At Council request, John French clarified that a development has been approved by the
County in the Aero Drive area.
Steve Rareg, 4540 Broad Street, spoke in favor of the Fuller Road annexation.
Dave Garth. Chamber of Commerce, spoke in support of the annexations and urged Council
' to approve them.
City Council Meeting Page 8
Tuesday, May 5, 1998 - 7:00 p.m.
Douq Hoffman, business owner within the annexation area, spoke in support of the
annexation. He noted that the property will develop whether it is in the City or not. 1
Bill Thoma, agreed with the previous speakers and supported the annexations.
John French applicant representative for the Aero Loop owners, asked Council to support
the annexation and offered to answer questions.
Mayor Settle closed the public hearing.
Council discussed timing with regard to potential development in the area and the revenue
exchange agreement.
After discussion, moved by Smith/Williams to
A. Actions concerning entire proposed annexation area:
A.1 Adopt Resolution No. 8797 to approve a Negative Declaration of Environmental
Impact.
A.2 Direct staff to complete, and bring to Council for approval, annexation
agreements with all owners of land to be annexed.
A.3 Direct staff to complete, and bring to Council for approval, tax -sharing
agreements-with the county for all land to be annexed; motion carried (5-0).
B. Actions concerning the Fuller Road area:
B.1 Adopt Resolution No. 8798 recommending that the Local Agency Formation
Commission.
(LAFCo) approve annexation of about 75 acres east of Broad Street, from
El Capitan Way to and including the vicinity of Wisberg Lumber.
8.2 Adopt Resolution No. 8799 to amend the Edna -Islay Specific Plan, to show as
Service Commercial areas that it has shown as Retail Commercial and as Rural
Industrial, for consistency with the adopted General Plan.
B.3 Introduce Ordinance No. 1337 to prezone the annexation area east of Broad Street
R-1-SP, R -2-SP, C-S, and C /OS; motion carried (5 -0).
C. Actions concerning the Aero Drive area:
CA Adopt Resolution No. 8800 recommending that LAFCO approve annexation of about
nine acres west of Broad Street and north of Aero Drive, including the Aero Drive
right -of -way.
C.2 Conceptually approve a General Plan Land Use Element Map amendment to
change the annexation area north of Aero Drive from Tourist Commercial to
Services Manufacturing, and the County-owned property within the Airport
road loop from Tourist Commercial to Public; direct staff to aggregate the
approval resolution with the other conceptually approved General Plan amend-
ments for adoption by a single motion at the end of this meeting, and continue to
the May 19, 1998 meeting for final action.
C.3 Introduce Ordinance No. 1338 to prezone the annexation area north of Aero Drive
Service Commercial with Special Considerations (CSS).
CA Direct staff to finish negotiating a draft agreement with the County concerning
special parking, improvement, and maintenance provisions for the Aero Drive
right -of -way, and bring the agreement to Council for approval.
C.5 For the annexation area north of Aero Drive, give direction to the applicant
and the Architectural Review Commission for the development plan to provide:
additional landscaped setback along Broad Street, and emphasizing parking
to the side or rear of buildings rather than between buildings and the street;
on -site amenities for workers; space for truck loading that will allow some
City Council Meeting
Tuesday, May 5,1998 - 7:00 p.m.
Page 9
articulation of building facades that exceed 100 feet; landscaped walkways
' connecting the anticipated bus stop and building entry by a direct route; and
special design consideration as an entry to the City; motion carried (41, Roalman
voting no).
COMMUNICATIONS
There were no communications items.
BUSINESS ITEMS
S. ENVIRONMENTAL PROJECT PROPOSALS (File No. 211 -01)
Council considered authorizing submittal of nine environmental project proposals totaling
$3.6 million to the Central Coast Regional Water Quality Control Board consistent with that
organization's requirement for submittals associated with the settlement monies from
Unocal's Guadalupe oil spill.
Natural Resources Manager Havlik presented the staff report.
Mayor Settle opened the meeting for public comment, and having no requests to speak
returned discussion to the Council.
Council Members expressed concern about the implications of approving all items on the list.
Staff clarified that approving the list of projects does not obligate the Council to proceed with
them, if a future analysis indicates.
Council agreed by consensus to add an item #10 to protect the trees along the creek bank,
add the words, "or neighboring properties" to item #5, and to leave the rest of the list as is.
After discussion, moved by Roalman /Smith to amend and adopt Resolution No. 8796
authorizing project proposals submittal; motion carried (5 -0).
6.
(File No. 601 -06)
Council considered the acquisition of property located at 610 Monterey Street at a price of
$380,000.
Public Works Director McCluskey presented the staff report, detailing the Planning
Commission's action.
Mayor Settle opened the floor to public comment.
Pierre Rademaker, Downtown Design Team, spoke in favor of the property acquisition.
Ken Schwartz, 201 Buena Vista, Downtown Design Team, spoke in support of the property
acquisition.
Dennis Allen, Real Estate Broker, clarified that the property was built circa 1936, and that
the people who have expressed an interest in buying the property are those who would use
it as office space.
1 Mayor Settle returned the discussion to the Council.
City Council Meeting
Tuesday, May 6, 1998 - 7:00 p.m.
Page 10
For the record, Council Member Roalman clarified that he does not have a financial interest
in the property.
After discussion, moved by Romero/Williams to 1) determine that the acquisition of the
property is consistent with the General Plan, and approve purchase price; 2) authorize
preparation of a letter of friendly condemnation; 3) appropriate $390,000 from the
Unappropriated Balance of the General Fund for property purchase and miscellaneous
expenses; and, 4) authorize the City Administrative Officer to sign the purchase documents
and the deed; motion carried (5 -0).
PERS RATES FOR 1998 -99 (File No. 505 -01)
Council considered PERS rates for 1998 -99.
Finance Director Statier presented the staff report, explaining the reason for the changes in
the rates.
Mayor Settle opened the meeting for public comment, and having no requests to speak,
returned discussion to the Council.
After discussion, Council received the report.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 12:30 a.m. to Tuesday, May 19,1998 at 6:00 p.m. in the Council Chamber, 990 Palm
Street, San Luis Obispo.
APPROVED BY COUNCIL: 6102198
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