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City Council Meeting
Tuesday, July 21,1998 - 7:00 p.m.
C1. COUNCIL MINUTES
Council considered the minutes of:
Tuesday, July 7, 1998 @ 6:30 p.m., and
Tuesday, July 7,1998 @ 7:00 p.m.
Page 2
Moved by Williams /Smith to waive oral reading and approve minutes as amended; motion
carried (5 -0).
C2. MANHOLE & WETWELL COATING PROJECT (File No. 704 -06)
Council considered plans and specifications for "Manhole & Wetwell Coating Project,"
Specification No. 9202; engineer's estimate: $80,000.
Moved by Williams /Smith to 1) approve plans and specifications, authorize staff to advertise
for bids, and authorize CAO to award the contract if the lowest responsible bid is within the
engineer's estimate; motion carried (5 -0).
C3. APPLICATION FOR GRANT FUNDS (File No. 211 -05)
Council considered authorization of application for grant funds from the North American
Wetlands Conservation Act Program in the amount of $100,000 in support of the acquisition
of approximately 80 acres of wetlands and upland buffer at the Morganti Ranch of Los Osos
Valley Road.
Moved by Williams /Smith to adopt Resolution No. 8826 authorizing submittal of a grant
application; motion carried (5 -0).
C4. PLANNED DEVELOPMENT AMENDMENT - CROSSROADS (File No. 203 -05)
Council considered giving final passage to an ordinance modifying the Master List of Uses
under the planned development zoning for the Crossroads mixed use center at 3165 and 3173
Broad Street. (Continued from 717/98).
Moved by Williams /Smith to grant final passage to Ordinance No. 1341; motion carried (5 -0).
C5. REQUEST FOR PROPOSALS - ARCHITECTURAL SERVICES (File No. 704-
06)
Council considered a Request for Proposals (RFP) for Architectural Services for the
renovation of office space and seismic strengthening of 879 Morro Street at an estimated
cost of $63,600.
Moved by Williams /Smith to 1) approve RFP; 2) authorize the CAO to execute a contract
with the recommended architect, if within the project design budget; and, 3) approve
entering into a time and materials contract with Marcia Walthers for construction
consultation services through the design /preconstruction phase, at a cost not to exceed
$9,240; motion carried (5 -0).
City Council Meeting
Tuesday, July 21, 1998 - 7:00 p.m.
Page 3
C6. WATERMAIN PROJECTS (File No. 704 -06)
Council considered plans and specifications for "Albert, Chaplin and Slack Watermain
Replacements," Specification No. 9879; engineer's estimate: $752,100, including
contingencies.
Moved by Williams /Smith to 1) approve plans and specifications; 2) authorize staff to
advertise for bids and authorize the CAO to award the contract if the lowest responsible bid
is within budget; and, 3) adopt Resolution No. 8827 waiving City fees related to the project;
motion carried (5 -0).
C7. USE OF SCHOOL DISTRICT MULTI - PURPOSE ROOMS (File No. 704-06)
Council considered a joint use agreement between the City of San Luis Obispo and the San
Luis Coastal Unified School District for joint improvement and use of multi - purpose rooms
so that these facilities might be used as gymnasiums.
Moved by Williams /Smith to adopt Resolution No. 8828 approving the joint -use agreement;
motion carried (5 -0).
C8. DOWNTOWN ASSOCIATION EMPLOYMENT AGREEMENTS (File No. 210 -07)
Council considered employment contracts for Downtown Association Administrator, and
Thursday Night Activities and Promotions Coordinator.
Moved by Williams /Smith to adopt Resolution No. 8829 approving the contracts of
employment between the City of San Luis Obispo and the Downtown Association 1
Administrator, and the Thursday Night Activities and Promotions Coordinator; motion
carried (5 -0).
C9. PUBLIC ART FUNDING (File No. 201 -13)
Council considered the allocation of Art in Public Places funding to the Mission Plaza
Expansion Project (San Luis Obispo Creek Walk).
Moved by Williams /Smith toll allocate $3,600 of Art-in Lieu funds generated as a result of
new Capital Improvement Projects included in the 1998 -99 budget to the Mission Plaza
Expansion Project; and, 2) reallocate $14,000 of the 1997 -99 Art-in -Lieu funds from the
Sinsheimer Park Improvements Project to the Mission Plaza Expansion Project; motion
carried (5-0).
C70. LIVE -SCAN FINGERPRINT SYSTEM PURCHASE (File No. 704 -06)
Council considered awarding a contract for the purchase of the Live -Scan Fingerprint
System to Indentix Corporation in the amount of $64,874 and authorize the Mayor to
execute the purchase agreement.
Moved by Williams /Smith to award contract, and authorize Mayor to execute the purchase
agreement; motion carried (5 -0).
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City Council Meeting Page 4
Tuesday, July 21,1998 - 7:00 p.m.
COUNCIL LIAISON REPORTS
t CL7. Council Member Romero reported that at the SLOCOG meeting he had learned that Jack
O'Connell is leading up an effort to improve the safety of Highway 166 and that there will be a
multi- agency approach to upgrade the safety of that route. He also reported that the City of
San Luis Obispo was almost on-line in meeting the integrated waste management diversion
rates mandated by the State by the year 2000. Mr. Romero reminded his colleagues that the
next Channel Counties meeting will be held on Friday, August 21, 1998 in Pismo Beach and
encouraged their attendance.
CL2. Council Member Williams reported on the CMC Advisory Council Meeting she had
attended with Council Member Romero where they learned about a program called Arts In
Corrections for short-term inmates. She also informed the Council that the First Night Board
is interviewing for an executive director and has received several promising applications.
CL3. Vice Mayor Smith said that she had represented the Mayor at the WASBE Organizing
Committee reception and that those people who are heading up the WASBE Conference had
nothing but kind words to say about the Visitors and Conference Bureau. She said she was
also honored to give an award at the Freewheelers Car Club Show, the largest antique car
show in the U.S. put on by the gay community. Ms. Smith reported that the Mid - Higuera
Street Plan workshop had not been too positive during the portion she for which she was
present She also attended a Downtown Association Board meeting, during which a
presentation had been made on the Dalidio proposal, which the Downtown Association
neither opposes nor endorses.
CL4. Council Member Williams, along with Council Members Smith and Romero, said she had
attended the Homeless Shelter renovation event, and confirmed that the shelter had gone
through an amazing transformation.
PUBLIC HEARINGS
APPEAL - TAKKEN MIXED USE DEVELOPMENT (File No. 201 -11)
Council held a public hearing to consider an appeal by Frank Buck and Patrick Misner of the
Planning Commission's approval of a use permit to allow a mixed use project at 3053 S.
Higuera Street; Robert Takken, applicant.
Arnold Jonas. Community Development Director, introduced John Shoals, Associate Planner,
who reviewed the agenda report. Ron Whisenand, Development Review Manager, was also
present to answer questions.
Mr. Shoals reviewed the background of the project and the reason for the appeal.
Mayor Settle opened the public hearing.
Patrick Wilson, speaking on behalf of the appellants, Frank Buck and Patrick Misner, said the
information that the Planning Commission based their decision on was inaccurate and
incomplete and therefore their decision was not appropriate. He urged Council not to allow
this project to go ahead.
Chuck Crotser, the architect on the project, said Mr. Takken has agreed to provide as much
advance notice to the tenants as possible, in terms of planning issues. In response to a
Council Member's question on the solidity of the project, he offered that the density met the
R2 density requirement and the landscape requirement is much higher than required.
City Council Meeting
Tuesday, July 21,1998 - 7:00 p.m.
Page 5
Martin Henry, manager of the property, responding to a question from Council Member I
Williams, said the current rents ranged from $360 for a studio apartment to $535 for a one -
bedroom.
Richie Ray Walker, San Luis Obispo, said he believed the current apartments should be
upgraded and kept affordable and urged Council to take the issue back to the Planning
Department.
Mayor Settl e closed the public hearing.
After discussion, moved by Smith/Romero adopt Resolution No. 8830 denying the appeal, and
upholding the Planning Commission's action on the subject project with the modification to
the use permit regarding hours of operation.
Council Member Roalman requested that the motion be amended to include the stipulation
that affordable housing component for the units be factored low- income as defined by the
Housing Authority.
Council Members Smith and Romero agreed to the amendment to include the stipulation
regarding affordable housing; motion carried (5 -0).
2. APPEAL -121 PENMAN WAY (File No. 210 -11)
Council held a public hearing to consider an appeal by Madi Gates of the Planning
Commission's denial of a request for an exception to reduce the yard requirements for an
accessory structure at 121 Penman Way; Donald Waller, applicant
John Shoals, Associate Planner, summarized the agenda report, pointing out that the
appellants are not appealing the Planning Commission's action but are requesting a
modification to the use permit
Mayor Settle opened the public hearing.
Richard Racouillat, 511 Serrano, said the appellants were concerned about fire and
emergency access and requested the Council adopt specific supplemental findings, including
the requirement that the building inspector prepare a full written report verifying that the
accessory building is in full compliance with City zoning regulations.
Madi Gates, 125 Serrano, said that she understood that heating is not allowed for a guest
house and asked if the building will comply.
Arnold Jonas, Community Development Director, said that there are no regulations
prohibiting heating and air conditioning of accessory structures.
Jim Gates, 125 Serrano Heights, commented that the neighbors realty do need to know that a
complete inspection has been done and what the state of the structure is.
Don Waller, the property owner, said he would follow all city requirements regarding the
accessory structure and requested that he be allowed to live in the main structure prior to the
completion of the accessory building.
Brian Conroy, the architect on the project, asked Council to uphold the Planning Commission
action and deny neighbors request for additional oversight. -
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Tuesday, July 21, 1998 - 7:00 p.m.
Mayor Settle closed the public hearing.
' After discussion, moved by Romero/Roalman adopt Resolution No. 8831 denying the
appeal, and upholding the Planning Commission's action, with a condition that.the
relocation of the substructure be completed prior to occupancy of the main house; motion
carried (5-0).
3. TENTATIVE PARCEL MAP - ALICITA COURT (File No. 203 -03)
Council held a public hearing to consider a tentative parcel map creating two lots from one
lot, including minor exceptions to the subdivision regulations, for property located on the
northeastern comer of Alicita Court and Margarita Avenue (3165 & 3195 Alicita Court).
John Shoals. Associate Planner, reviewed the agenda report.
Mayor Settle opened the public hearing.
Michael Tilden, the property owner, urged Council to approve the creation of two lots on this
property.
Mayor Settle closed the public hearing.
After discussion, moved by Williams /Romero adopt Resolution No. 8832 approving the
tentative parcel map; motion carried (5 -0).
1 COMMUNICATIONS
Comm1. Council Member Romero asked if Council could reach a consensus to direct
staff to work out a resolution to the problem of delivery services parking in the downtown,
brought to the City's attention by John Troutner who has a food delivery business, for
resolution and accommodation. General consensus to refer this to staff.
BUSINESS ITEMS
4. TRANSIENT OCCUPANCY TAX RECORDS (File No. 409 -06)
Council considered implementing a transient occupancy tax (TOT) records review to assure
compliance with the TOT ordinance and to establish an informal rapport and an information
sharing process with the business owners so they have a contact in City Hall.
Vice Mayor Smith announced that she would be stepping down on this item.
Linda Asprion, Revenue Manager, covered the agenda report, outlining the benefits of the
proposed program.
Bill Statier. Finance Director, reviewed the reaction to the proposed program and the issues
and concerns that had been noted.
Mayor Settle opened the meeting for public comment.
Robert Mueller presented a letter from the Chamber of Commerce stating that it did not
support the program, and a petition from 38 of the 39 hotelslmotels opposed to the program
due to its intrusive nature.
City Council Meeting
Tuesday, July 21, 1998 - 7:00 p.m.
Page 7
Mayor Settle returned discussion to the dais.
After discussion, moved by Roalman /Romero to approve implementing a transient
occupancy tax (TOT) records review conducted on a three -year cycle (1/3, 113, 113); motion
carried (3 -1 -1; Settle opposed, Smith not participating).
Vice Mayor Smith returned to the dais.
S. AD HOC INCLUSIONARY HOUSING COMMITTEE (File No. 305 -01)
Council considered a Planning Commission recommendation to establish an ad hoc
committee to advise the Commission on the Draft Inclusionary Housing Ordinance.
Jeff Hook, Associate Planner, gave background on the Planning Commission's request.
Mayor Settle opened the meeting for public comment.
Charles Senn, speaking as Chair of the Planning Commission, explained the need for
establishing this ad hoc committee.
George Movlan. Executive Director of the Housing Authority, supported the creation of an
ad hoc committee because of the magnitude of the issues to be considered.
Mayor Settle returned discussion to the dais.
After discussion, moved by SmithlWilliams to adopt Resolution No. 8833 establishing the
Inclusionary Housing Task Force comprised of the individuals recommended in the agenda '
report, to review the draft Inclusionary Housing Ordinance with the condition that the
Planning Commission return to Council with.a report by the end of September on the
progress of the task force, and that the Planning Commission deliver a draft ordinance to
Council by end of October; motion carried (5 -0).
PRESENTATION
Presentation made to Brad Schram for his contribution to the guide book Birds of San Luis
Obispo.
6:40 p.m., Mayor Settle adjourned the meeting to Closed Session in the Council Hearing
Room.
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 21,1998- 6:40 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
All Council Members present.
City Staff: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer, Wendy
George, Asst. to CAO; Karen Jenny, Risk Manager
City Council Meeting Page 8
Tuesday, July 21, 1998 - 7:00 p.m.
City Council held a closed session to discuss the following issues:
t CONFERENCE WITH LEGAL COUNSEL
Pending litigation, Steve Smith v. City of San Luis Obispo - Pursuant to Government
Code. 54956.9
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6
Fire Battalion Chiefs' Association
Agency Negotiators: Wendy George and Karen Jenny
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6
San Luis Obispo Fire Fighters' Association
Agency Negotiators: Wendy George and Karen Jenny
7:03 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.
7:05 p.m., Mayor Settle reconvened the Council in Open Session. All Council Members
present
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen, reported that Council had discussed three items in closed session.
Regarding the pending litigation, Steve Smith vs. City of San Luis Obispo, discussions are
ongoing. The second matter, Fire Battalion Chiefs' Association is also ongoing He said that
Council had given unanimous approval to the fact finders recommendations in the matter of
the labor negotiations regarding the San Luis Obispo Fire Fighters' Association, and action
would be taken later in the meeting under Item 11.
PUBLIC COMMENT
There was no public comment.
Presentation made to Dick Pottratz, President of the San Luis Obispo Monday Rotary Club,
for the Rotary Club's contribution to the Pavilion improvements at Laguna Lake Park.
BUSINESS ITEMS
S. SIDEWALK CONSTRUCTION PROJECTS (File No. 704-06)
Council considered approving plans and specifications to install sidewalks at various
locations throughout the City.
Mike McCluskey, Public Works Director, presented a list of sidewalk projects in a priority
order.
IMayor Settle opened the meeting for public comment.
City Council Meeting
Tuesday, July 21, 1998 - 7:00 p.m.
Page 9
Bob Rountree, 808 Murray, was concerned about several portions of sidewalk on Chorro
Street.
Mayor Settle returned discussion to Council.
After discussion, moved by Romero/Williams to approve the sidewalk construction
projects, omitting #27, 2958 -68 -78 Higuera, in favor of #31, the east side of Chorro between
West and Murray, authorize the CAD to approve plans and specifications to install
sidewalks at the locations and in the priority order noted in Exhibit A , as amended;
advertise for bids; and award the contract if the cost is less than $150,000; motion carried
(5 -0).
Council asked staff to present a sidewalk project list for their consideration by Council
yearly. (General consensus.)
7. SAN LUIS MARKETPLACE PREVIEW (File No. 202 -03)
Council considered a project known as "San Luis Marketplace," a commercial development
proposed on a portion of the Dalidio property adjacent to the Central Coast Mall.
John Dunn, City Administrative Officer, gave an overview on the project.
Ron Whisenand, Development Review Manager, described the physical design and potential
retail uses of the proposed development.
Mike McCluskey, Public Works Director, discussed the Prado Road Interchange component of
the proposal. 1
Bill Statler, Finance Director, talked about interchange financing which would involve no
General Fund financing, but be done through a benefit assessment district. He also
addressed a sales tax sharing agreement based upon 50% of the net increment.
Arnold Jonas, Community Development Director, explained the reasons for a downtown and
fiscal impact study, the cost to be bome by the applicant.
Ron Whisenand, Deveiopment Review Manager, outlined the review process and time line.
John Dunn. City Administrative Officer, summarized the staff presentation, reviewed the
recommendations as outlined in the staff report, and asked Council to give direction this
evening.
Andrew Merriam, representing the Dalidio Family, redefined the context and content of the
proposed San Luis Marketplace project.
Bill Bird, Developer, 510 Grand Avenue, Glendora, California, said he was prepared to go
forward on a full speed basis. He presented the revised site plan proposal.
Brian Wolfe, Perkowitz & Ruth, the architect on the project, reviewed the design concept for
the development.
Bill Bird reiterated his wish that this project move this along as quickly as possible.
Mayor Settle opened the meeting for public comment. I
City Council Meeting Page 10
Tuesday, July 21,1998 - 7:00 p.m. Vl -",:`
Geof Land, Director of Environment Center, of SLO.County, told council he had
participated in the design charettes and echoed someof staffs findings, supporting the
principal that open space protection in exchange for carefully planned development is
important to the City. He was concerned about the current project because of excessive
orientation to autos and said community and cultural impact on local businesses in the
downtown needs to be looked at very carefully.
Deborah Holley, Downtown Association Administrator, clarified the associations position
on the project, stating she is hopeful that this will be a win -win situation.
Allen Kotin, PCR Kotin, commented on the implications of this project; the need for the
interchange, the speed with which the project must proceed to open, and the public's
support.
Mayor Settle returned discussion to Council.
After discussion, moved by RomerolWilliams 1) to adopt the CAO recommendation to
conceptually approve the development, direct staff on the specific issues and
recommendations set forth in this report, including matters related to project concept,
tenants, timing, phasing, design and financing; and, 4) concur with the project timing
scenario and sequence of next steps outlined in the summary of recommendations at the
conclusion of the report; motion carried (4 -1; Roalman voting no).
9:15 p.m., Mayor Settle called for a brief recess.
9:21 p.m., Mayor Settle reconvened the meeting. All Council Members present.
' 8. AIRPORT AREA SPECIFIC PLAN EIR ALTERNATIVES (File No. 201 -04)
Council considered the status report on the Airport Area Specific Plan and review of the
Environmental Impact Report
Arnold Jonas. Community Development Director, explained that we had reached an important
point in the process and determination must be made on the second phase focus of further
work on the speck plan.
Glen Matteson, Associate Planner, explained that the four alternatives presented tonight need
to be explored in the environmental review process before preparing a specific plan.
Steve Hammond, consultant, outlined the content of all four alternatives.
Mayor Settle opened the meeting for public comment.
Jerry Dagna, 1845 Vicente Drive, said he was in favor of the annexation with some changes
and did not support Alternative 1.
Diane Hull, speaking as a SLO resident, did not support the annexation of the airport to the
City. She also questioned the placement of the urban reserve line.
Mr. Wallace, representing the Martinelli family, said the straight alignment of Prado Road
should be an alternative.
John French. 3942 Hollyhock, appreciated the Martinelli problems, said he thought the EIR
covered the bases for all three Prado Road alignments.
City Council Meeting Page 11
Tuesday, July 21, 1998 - 7:00 p.m.
Pascal Grimaud, Arroyo Grande, said more direct arterials from Highway 101 to the airport
should be considered and mall traffic and airport traffic should be separated.
Mayor Settle returned discussion to the Council.
After discussion, moved by Smith /Roalman accept the status report and confirm the four
specific plan alternatives proposed by staff and the specific plan consultants; motion carried
(4-1; Romero voting no).
9. NACIMIENTO WATER SUPPLY PROJECT AMENDMENT (File No. 1202-09)
Council considered the conceptual approval of Amendment No. 1 to the Nacimiento Water
Supply Project Agreement
John Moss, summarized the staff report.
Mayor Settle opened the meeting for public comment.
There were no comments from the public.
Mayor Settle returned discussion to the Council.
After discussion, moved by Romero/Williams to conceptually approved the amendment to the
Nacimiento Project engineering feasibility report and environmental impact report
participation agreement, reaffirming the City's commitment to completion of the EIR Phase of
the Nacimiento Water Supply Project; motion carved (5 -0).
10. HIGUERA STREET BRIDGE REPLACEMENT PROJECT (File No. 704 -06)
Council considered the Higuera Street Bridge Replacement Project.
Mayor Settle opened the meeting for public comment.
Barbara Lynch, Civil Engineer, summarized the engineering options before the Council this
evening.
Mayor Settle asked for public comment.
Dave Schultz, owner of Keep In Contact, expressed his fear that this project will put him out
of business and asked Council to look at a more realistic time frame, predicting that the
project will last longer than three months. He asked Council to delay the project
Robert Weatherford, a downtown attorney, asked Council to look at the alternative of
opening up the creek.
John Stewart, representing First Bank, expressed the bank's concern that two lanes of
traffic be open at all times during the day.
Richard Dunn, Cayucos, said the bridge tour would make a wonderful tourist attraction.
Mayor Settle returned discussion to the dais.
After discussion, moved by Romero/Williams to: authorize staff to proceed with final
construction plans for the rehabilitation of the Higuera Street Bridge, Alternative 1; 2)
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Tuesday, July 21, 1998 - 7:00 p.m. =s;
approve flexible work hours as recommended; 3) approve and authorize the Mayor to
execute an amendment to the design contract with Martin& Kane, Inc. in the amount of
$71,600 for additional work to complete an investigative trial project and eliminate further
work on opening the creek; 4) appropriate $14,320 from the unappropriated balance of the
General Fund and $57,280 in grant revenue and move it to 400.9504.520.552 for the Higuera
Street Bridge environmental and design services; 5) approve the inclusion of bonus
payments of $4,000 per day up to a maximum of $60,000, to be included in the construction
contract documents; and, 6) approve the inclusion of $20,000 in the project budget for
advertising and promotion to be administered through the Downtown Association; motion
carried (5-0).
11. FIREFIGHTER SALARY STEPS (File No. 508 -01)
Council considered implementing new lower entry level salary steps and new employment
standards for firefighters, and the addition of one regular firefighter position.
Mayor Settle opened the meeting for public comment.
There was no public comment.
Mayor Settle returned discussion to the Council.
After discussion, moved by Roalman /Smith to A) adopt Resolution No 8834: 1) adding four
new lower steps on the firefighter salary range ($29,874; $31,434; $33,098; and, $34,840
annually); 2) requiring the State Fire Marshal's Firefighter I certification for all newly hired
firefighters except paramedics; and, 3) requiring a minimum of Firefighter I Academy
graduation for all newly hired firefighter /paramedics; and, B) authorize the addition of one
firefighter position in the Fire Department; motion carried (5 -0).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 11:20 p.m. to Tuesday, August 18,1998 at 7:00 p.m. in the Council Chamber, 990
Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: WWII
KC:dr
Kim and
Acting City Clerk
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