HomeMy WebLinkAbout09/15/19981
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 15, 1998- 6:30 P.M.
COUNCIL HEARING ROOM, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Ken Schwartz, Bill Roalman, Dodie Williams, Vice Mayor
Dave Romero, and Mayor Allen Settle
City Staff
Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer; Ken
Hampian, Assistant City Administrative Officer; and Wendy George, Asst to
CAO
City Council held a closed session to discuss the following issues:
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6
San Luis Obispo Police Staff Officers Association
Fire Battalion Chiefs
Agency Negotiators: Ann Slate, Ken Hampian
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code § 54957.6
San Luis Obispo Firefighters Association
Agency Negotiators: Ken Hampian, Wendy George
At 7:00 p.m., Mayor Settle declared a recess to convene in open session in the Council Chambers,
where a public report of the action taken in closed session was to be given.
APPROVED BY COUNCIL:
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City Clerk
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ROLL CALL:
Council Members
Present:
City Staff:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 15,1998 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members Ken Schwartz, Bill Roalman, Dodie Williams, Vice
Mayor Dave Romero, and Mayor Allen K. Settle
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bob Neumann, Fire Chief; John Moss, Director of Utilities;
John Shoals, Associate Planner; Ron Munds, Utilities Conservation
Coordinator and Sue Baasch, Management Analyst
The proclamation to Phi Beta Sigma for "Sexual Assault Awareness Day" was postponed
until the next meeting.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen reported that the Council had met in closed session for the purpose
of discussing two items relating to labor negotiations. No action was taken.
PUBLIC COMMENT
Mayor Settle welcomed new Council Member Ken Schwartz and City Clerk Lee Price.
CONSENT AGENDA
Council Member Roalman pulled items 5 and 9. Council Member Schwartz pulled items 12
and 13.
ACTION: Moved by Williams /Romero. the Council unanimously approved Consent
Calendar Items #1, 2, 3, 4, 6, 7, 8, and 10, as recommended by the City Administrative
Officer.
C1. COUNCIL MINUTES
Consideration of the minutes of. Tuesday, September 1, 1998 @ 7:00 p.m.
ACTION: Moved by Williams/Romero to waive oral reading and approve minutes;
motion carried (").
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Tuesday, September 15,1998 - 7:00 p.m.
' C2. PAVING FOR BIOSOLIDS STORAGE AREA. (File No. 705-06)
Council considered plans and specifications for "Water Reclamation Facility Biosolids
Storage Area Paving," Paving, Specification No. 9212; Engineer's estimate, including
contingencies: $400,000.
ACTION: Moved by Williams/Romero to approve plans and specification, authorize
staff to advertise for bids and CAO to award the contract if the lowest responsible
bid is within the budget; motion carried (5 -0).
C3. ENVIRONMENTAL GRANT PROGRAM FUNDS (File No. 211 -06)
Council considered authorizing applications for environmental grant program funds from the
State of California.
ACTION: Moved by Williams/Romero to adopt 1) Resolution No. 8845 authorizing
application for grant funds from the Environmental Enhancement and Mitigation
Program (EEMP) in the amount of $250,000 in support of the acquisition of the
Hastings /Sheffer properties in Reservoir Canyon; 2) Resolution No. 8846 authorizing
application for grant funds from Habitat Conservation Fund (HCF) in the amount of
$100,000 in support of the acquisition of the Morganti property at Los Osos Valley
Road; and, 3) Resolution No. 8847 authorizing application for grant funds from
Salmon and Steelhead Trout Restoration Account (SSTRA) in the amount of $60,000
which would be used to construct aids to fish passage over existing barriers in
Prefumo Creek at the Laguna Lake Golf Course; motion carried
C4. FINAL MAP - TRACT 1750 (UNIT 5) (File No. 202 -04)
Council considered approving the final map for Tract 1750 (Unit 5), a 604ot residential
subdivision on Spanish Oaks Drive near Wavertree; Islay Hill Investments (Hertel) subdivider.
ACTION: Moved by Williams /Romero to adopt Resolution No. 8848 approving the
final map and accepting Lot 58 for creekway, bikeway, pedestrian way and sanitary
sewer purposes and an open space easement; motion carried (54).
C5. COMMUNITY INFORMATION & OUTREACH SERVICES REQUEST FOR
PROPOSALS (File No. 704-06)
Council considered a Request for Proposals (RFP) for Utilities Department Community
Information and Outreach Public Information Services to encourage water conservation and
resource recovery at a cost not to exceed $79,000. This item was pulled by Council Member
Roalman for additional questions to staff.
ACTION: Moved by Roalman/Williams to approve the RFP and authorize contract
award by CAO, if the selected proposal is within the approved budget for the
project; motion carried (5 -0).
C6. SEWERMAIN IMPROVEMENT PROJECT (File No. 704-06)
Council considered plans and specifications for "Sewermain Improvement Project: Railroad
Crossing north of McMillan, Specification No. 9880; Engineer's estimate: $79,200, total project
cost: $97,000.
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Tuesday, September 15, 1998 - 7:00 p.m.
Page 3
ACTION: Moved by Williams/Romero to approve plans and specifications, authorize
staff to advertise for bids and CAO to award the contract if the lowest responsible
bid is within the Engineer's estimate, and authorize the Director of Utilities to
execute the agreement with Union Pacific Railroad; motion carried (5 -0).
C7. NAMING OF BIKE TRAIL (File No. 211 -01)
Consideration of naming the bike trail leading from San Luis Obispo to Avila Beach the "Bob
Jones City -to -Sea Bike Trail."
ACTION: Moved by Williams/Romero to support the naming of the "Bob Jones City-
to -Sea Bike Trail "; motion carried (5-0).
C8. LEAGUE CONFERENCE RESOLUTIONS (File No. 708 -03)
Council considered the Annual League Conference resolutions.
ACTION: Moved by Williams/Romero to authorize the voting delegate to support the
resolutions as submitted, unless Council provides alternate direction; motion
carried (5 -0).
C9. STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (File No. 1302-04)
Council considered establishing the Student Neighborhood Assistance Program (SNAP) as a
City -operated program. This item was pulled by Council Member Roalman for clarification.
ACTION: Moved by Roalman /Romero to authorize the establishment of SNAP as a
City- funded and operated program and appropriate a $2,400 increase to the Police
Department budget for FY 98 -99 from Police Department general carry-over funds;
motion carried (5 -0).
C70. PROPERTY TAX SHARING AGREEMENT (File No. 208 -03)
Council considered accepting an agreement with the County for sharing the property tax
revenues and annual tax increment for the Bolduan Annexation (County Annexation No. 51,
2246 Flora Street).
ACTION: Moved by Williams /Romero to adopt Resolution No. 8849 accepting the
negotiated exchange of property tax revenues and annual tax increment; motion
carried (5 -0).
C11. PVEA WORK STATEMENT FOR USE OF ELECTRIC BUS (File No. 803-
10)
Council considered a Petroleum Violation Escrow Account (PVEA) work statement for the
use of the electric bus.
ACTION: Moved by Williams/Romero to adopt Resolution No. 8850 approving a work
statement to operate an electric shuttle bus linking the downtown with the Madonna
Road shopping area and the Monterey Street motel area; motion carved (5-0).
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Tuesday, September 15, 1998 - 7:00 p.m.
C12. SAN LUIS MARKETPLACE ECONOMIC ANALYSIS (File No. 203 -05)
Council considered an agreement with PCR Kotin to evaluate the fiscal and economic impacts
of the San Luis Marketplace project, prepare a downtown marketing strategy, and assist the
City with possible follow -0n negotiations with the project applicant This item was pulled by
Council Member Schwartz for clarification as to the scope of the analysis.
ACTION: Moved by Romero/Williams, to authorize the Mayor to execute the
agreement with PCR Kotin; motion carried (5 -0).
C13. SAN LUIS MARKETPLACE EIR SCOPE OF WORK (File No. 203 -05)
Council considered the workscope for consultant services for an Environmental Impact
Report (EIR) for the Dalidio /San Luis Marketplace annexation, prezoning and development
plan. This item was pulled by Council Member Schwartz for comment and questions. He
noted that he was not in favor of the proposed project, as presented, and expressed concerns
about water, wind and the design. He noted that the project is too spread out suggested that
a more compact development be considered and proposed an additional "bullet" under
"Altematives" on page 14 of the staff report, which would read as follows: "A commercial
project of approximately the same building area, but of a more compact overall development
pattern and improved pedestrian orientation."
Council Member Roalman proposed that the scope of the EIR be expanded to include
discussions about the impacts to remaining prime agricultural land and biological impacts in
the wetland/creek area. In addition, he asked consideration be given to pedestrian circulation.
ACTION: Moved by RomeroWilliams to 1) approve workscope for preparation of an
EIR, as amended to include additional analyses relative to wind, impacts to prime
agricultural land and the creek, and pedestrian circulation; and authorize staff to
proceed with sending out Request for Proposal (RFP) documents; and, 2) authorize
the CAO to award the contract to a qualified consulting firm, contingent upon the
developer depositing with the City the amount of the contract plus 30 %; motion
carried (5 -0).
APPOINTMENTS
Al. HOUSING AUTHORITY (File No. 302 -03)
Council considered an appointment to the Housing Authority to fill an unexpired term to
end on 3131100.
ACTION: Moved by Roalman/Wiliiams to appoint Janet Kourakis to an unexpired
term to end on 3131100; motion carried (5 -0).
A2. PLANNING COMMISSION (File No. 305 -02)
Council considered an appointment to the Planning Commission to fill an unexpired term to
end on 3131/00. This item was continued to the next meeting.
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A3. LEAGUE VOTING DELEGATE (File No. 708 -03)
Council considered designating a voting delegate and alternate to the League of California
Cities Annual Conference Business Session.
ACTION: Moved by Roalman/Schwartz to designate Mayor Settle as voting delegate
and Vice Mayor Romero as alternate; motion carried (5 -0).
A4. PERFORMING ARTS CENTER COMMISSION (File No. 1105-03)
Council considered appointing Vice Mayor Dave Romero as the alternate to Mayor Allen K.
Settle to serve on the Performing Arts Center Commission.
A5.
ACTION: Moved by Roalman /Schwartz to appoint Vice Mayor Dave Romero as
alternate to PAC Committee; motion carried (5-0).
(File No. 301 -05)
Council considered appointing newly- appointed Council Member Ken Schwartz to various
standing Council Subcommittees.
ACTION: Moved by Romero/Roalman to ratify the appointment of Council Member
Ken Schwartz to Council Subcommittee, previously assigned to Kathy Smith;
motion carried (5-0).
COUNCIL LIAISON REPORTS 1
CL7. Vice Mayor Romero reported on the September 8,1998 meeting of the Downtown
Association at which the Association voted to support: 1) an ordinance change relative to
commercial loading zones in the downtown (see this agenda, Item #3), and 2) the economic
study proposed by the developer of the Market Place (see Item #C -12). In addition, he
commented that the Association also discussed concerns regarding downtown cleanliness
and Farmer's Market parking issues.
CI-2. Vice Mayor Romero reported that on September 9`", the Integrated Waste
Management Authority Board met to receive a report regarding waste diversion numbers
for each city and the County. He noted that although most cities and the County are
approaching the 50% diversion goal per AB 939, the City is somewhat behind. This, he
explained, was determined by staff to be due to a flaw in the basic criteria adopted in 1990
relative to green waste. The IWMA has asked for a State Board adjustment, he added. Vice
Mayor Romero also reported that the Cold Canyon Landfill has recently received funding
for an expansion of the material recovery facility, which will allow more cost- effective
recycling.
CI-3. Vice Mayor Romero said he had attended the PAC Facilities Committee meeting on
September 8'" where he learned bids for the new parking structure near the PAC will be
received by the end of September with construction scheduled to start in November. In
addition, he reported that the Committee also received a report regarding installation of a
Spanish style ceiling in the entrance ways and speakers above the stage.
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Tuesday, September 15, 1998 - 7:00 p.m.
PUBLIC HEARINGS
1. APPEAL - PRIVATE INDUSTRY COUNCIL (File No. 201 -11)
Council held a public hearing to consider an appeal by CL II Intervest of the Planning
Commission's action denying an appeal and upholding the Hearing Officer's approval of an
administrative use permit allowing the Private Industry Council (PIC) to establish a one-stop
canter center in conjunction with the State Employment Development Department (EDD) and
other local agencies within the existing PIC offices at 3566 South Higuera, C-S zone.; PIC,
applicant.
Community Development Director Jonas provided the staff report and recommendations.
Questions from the Council followed regarding off -site parking and parking standards.
Mayor Settle opened the public hearing.
Appellant and Ten Wise Park Trustee, Carolyn Larson, read a prepared statement appealing
the project for reasons including expansion and parking. She urged the Council to not make
an exception for PIC.
Doug Davidson, representing the applicant, spoke in support of the project and the conditions
of approval. He urged the Council to deny the appeal and to approve the permit
Lee Ferrarro . applicant, responded to questions from the Council and spoke to the merits of
project
Shelly Stanwyck, Chamber of Commerce, expressed support for the project and encouraged
the Council to retain local business whenever possible.
Dave Cox. Chairman of PIC, spoke in support of granting the use permit.-
Carolyn Larson, appellant, provided rebuttal comments reiterating her opposition to the use
permit
Mayor Settle closed the public hearing.
Council Member Roalman placed on the overhead a transparency depicting Municipal Code
Section 17.16.060(D) regarding off -site parking and commented that the parking solution for
this project exceeds the City's standard of no more than 300 feet. He emphasized that the
provision does not give the Planning Commission discretion to waive the standard.
Lengthy Council discussion ensued. Council Member Schwartz commented that while he
does not believe the site is designed for the use proposed, he could support it if it can meet
the parking needs. Council Member Williams suggested that the Council take action to
deny the appeal and uphold the Planning Commission's recommendation, but give the
applicant an opportunity to find a way to comply with the ordinance.
ACTION: Moved by Williams/Romero to adopt Resolution No. 8851 denying the
appeal and upholding the Planning Commission action, as modified by including
the conditions approved by the Planning Commission as outlined in their
resolution, and to include a provision securing a written agreement from PIC that
off -site parking shall be consistent with the city's off -site parking provisions;
motion carried (41, Roalman voting in opposition.)
City Council Meeting
Tuesday, September 15, 1998 - 7:00 p.m.
Page 7
2. APPEAL - USE PERMIT -175 HATHWAY (File No. 201 -11)
Council held a public hearing to consider an appeal by Pat Tighe of the Planning
Commission's action to revoke a High Occupancy Residential Use Permit for repeated
violations of the noise ordinance for the property located at 175 Hathway; (A 75 -07).
Mayor Settle opened the public hearing.
Pat Tighe, appellant, requested that the Council repeal the high occupancy residential use
ordinance because it is unconstitutional In her opinion.
Dan Fulmer, neighbor, encouraged the Council to enforce and protect the neighborhood
against violations of the noise ordinance.
Doreen Case, neighbor, requested that the next time the Housing Element is reviewed,
Hathaway be removed as a potential area for student/fratemity housing. She added that she
supports the remedies proposed.
Mayor Settle closed the public hearing.
City Attorney Jorgensen clarified the Intent of the agenda item and addressed the
constitutionality issue raised by the appellant. He noted that the City's ordinance is valid, and
clarified that even if the City concedes that the provisions regarding occupancy are invalid, it
would not change the issue before the Council this evening. The Council option is to revoke
the permit if the Council deems it is appropriate to do so given the number of violations of the
City's noise ordinance, he stated.
ACTION: Moved by RoalmanWilliams to adopt Resolution No. 8852 denying the
appeal and upholding the Planning Commission action; motion carried (5 -0).
Council Member Williams asked the City Attorney if consideration should be given by the
Council to amend the Noise Ordinance to add penalties for repeated violations. _Cit y
Attorney Jorgensen advised that his office has the discretion to prosecute on first offense
as a misdemeanor (rather than an infraction), if appropriate.
—The Mayor called a recess at 9:04 p.m. At 9:14 p.m., the meeting resumed.—
3. COMMERCIAL LOADING ZONES (File No. 804-01)
Council held a public hearing to consider amending Municipal Code Sections 10.44.20 (Curb
Markings - Meanings - Authority to Place) and 10.".030 (Yellow Loading Zone -Time Restriction
for Loading and Unloading), and establishing requirements for issuing commercial loading
zone permits to authorized passenger vehicles and setting the fee of $25.00 for an annual
penniL Keith Opalewski, Parking Manager, provided background and recommendations. He
noted that the Downtown Association endorses the proposed ordinance.
Mayor Settle opened the public hearing.
John Troutner, proponent, commented that he was present to support the ordinance and to
answer any questions.
Sharon Lininger, Parking Attendant, responded to Council questions relevant to downtown
loading zones and enforcement issues.
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Tuesday, September 15, 1998 - 7:00 p.m. :.
Mayor Settle closed the public hearing.
Vice Mayor Romero recommended that the time period be reduced from a maximum of ten
minutes to eight minutes. This suggestion was acceptable to all members of the Council.
ACTION: Moved by Romero/Williams to: 1) introduce Ordinance No. 1343 to print,
amending Sections 10.44.20 and 10.44.030, as amended (change 10 minutes to 8
minutes); 2) adopt Resolution No. 8853 establishing requirements for issuing
commercial loading zone permits and setting a fee of $25.00; and, 3) direct staff to
return after one year of operation with a status report regarding the impact of the
proposed ordinance change; motion carried (5 -0).
4. 1998 BASE-YEAR SOLID WASTE RATE REVIEW (File No. 1204-05)
Council held a public hearing to consider increasing solid waste rates by 4.7% and
establishing commercial recycling charges as follows: base fee charge of $3.00 for
commercial recycling services; volume -based charge for collection of cardboard to be set at
25% of the commercial refuse rates for a comparable volume; and a per bag charge for office
paper and polystyrene collection. Director of Utilities Moss and Sue Baasch, Management
Analyst, provided an in -depth staff report and summarized the recommendations.
Mayor Settle opened the public hearing.
No public comments.
Mayor Settle closed the public hearing.
' Tom Martin, San Luis Garbage, responded to questions regarding pick -up and windy day
trash fly -out. He noted that a reminder can be sent out to customers when information
goes out soon regarding new programs.and rates. ,
Additional Council discussion and questions followed.
ACTION: Moved by Williams /Romero to adopt Resolution No. 8854: 1) incorporating
rate structure for new and revised residential and commercial solid waste services
approved by Council on June 2, 1998; 2) incorporating the rate structure for
commercial recycling services approved by Council on June 2,1998; 3) increasing
solid waste rates by 4.7 %; and, 4) setting an effective date of December 1, 1998 for
revised services and rates; motion carried (4 -1; Settle voting in opposition).
COMMUNICATIONS
Council Member Roalman reported that the State has proposed a residential and commercial
development project at Camp San Luis Obispo and has requested consideration of providing
water to the development through the Nacimiento Water Project. He suggested the Council
send a letter to Sacramento in opposition to the development proposal. There was Council
consensus to send the letter, as proposed.
City Council Meeting
Tuesday, September 15,1998 - 7:00 p.m.
Page 9
Vice Mayor Romero asked for staff to report on the County Board of Supervisors action today
relative to the Nacimiento Water Project. Director of Utilities Moss indicated that the Board
had voted unanimously to pay all costs for the revised EIR portion of the Project out of the
County's Nacimiento Project Reserve Fund.
S. ELECTRIC DEREGULATION STRATEGY (File No. 1201 -02)
Council considered authorizing staff to begin negotiations for electric service for City facilities
with a qualified energy service provider. John Moss, Ron Munds and Bob Hamilton provided
the staff report and recommendations.
Mayor Settle opened the floor for public comment; there was none.
Mayor Settle returned discussion to the dais.
ACTION: Moved by Settle/Williams to approve: 1) receive the "Electric
Deregulation: A Regional Strategy" report by a subcommittee formed by the SLO
County Joint City Councils; 2) endorse the short and long term planning strategy
portion of the report; and, 3) authorized the CAD to negotiate and execute an
agreement for electric service for City facilities with a qualified provider; and 4)
further directed staff to get the best deal possible for the City; motion carved (5 -0).
6. SIDEWALK CONSTRUCTION PROJECT (File No. 704 -06)
Council considered plans and specifications for "1998 Sidewalk Improvement Project: '
Various Locations," Specification No. 9820; Engineer's estimate: $111,311.00, including
contingencies. Wayne Peterson provided the staff report and recommendation.
Mayor Settle opened the meeting for public comment. There were no comments
Mayor Settle returned discussion to the dais.
ACTION: Moved by Romero/Settle to approve plans and specifications, authorize
staff to advertise for bids, and CAO to award the contract if the lowest responsible
bid is within the Engineer's estimate; motion carried (5 -0).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:43 p.m. to Tuesday, October 6, 1998 at 7:00 p.m. in the Council Chamber, 990
Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 10/6/98
Lee Price . G.M.C.
City Clerk
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