HomeMy WebLinkAbout11/10/1998ROLL CALL:
Council Members
Present:
City Staff:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 10, 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; Bill Statler, Finance Director; Mike McCluskey, Public
Works Director, Jeff Hook, Associate Planner
PRESENTATIONS
P1. A presentation scheduled by Ron Regier from the Performing Arts Center was
rescheduled for 12/8198.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jeff Joroensen reported that the Council authorized further negotiations in the
matter of property negotiations regarding property located on Southwood Drive (No Street
Address).
PUBLIC COMMENT
There were none.
CONSENT AGENDA
Vice Mayor Romero pulled Item C-3 for comment; Council Member Schwartz pulled Item C-4
for comment; Ira Winn requested that Item #C-11 be pulled for comment.
ACTION: Moved by Williams/Roalman to approve the consent agenda as
recommended by the City Administrative Officer, with the exception of C3, C4, and
C11; motion carried 5:0. Council Member Schwartz noted he would abstain from C10
due to potential conflict of interest
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City Council Meeting
Tuesday, November 10, 1998 - 7:00 p.m.
C1. COUNCIL MINUTES
Tuesday, October 20,1998 at 6:15 p.m.; and,
Tuesday, October 20, 1998 at 7:00 p.m.
ACTION: Approved as revised; 5:0.
C2. MEMORANDUM OF AGREEMENT —SAN LUIS OBISPO STAFF OFFICERS'
ASSOCIATION (SLOPSOA) (File No. 509 -04)
Page 2
ACTION: Moved by Williams/Roalman to adopt Resolution No. 8865 approving the
Memorandum of Agreement with the San Luis Obispo Staff Officers' Association;
motion carried 5:0.
C3. STREET RESTRUCTURINGIRESURFACING FOR FALL 1998 (File No. 704-06)
Street reconstruction/resurfacing during the Fall of 1998, Specification No. 9822.
Vice Mayor Romero pulled this item to express concern about the timing of the project He
stated that the seal coat project has begun too late in the season and that this would affect
the quality of the seal. He suggested that the resurfacing project be delayed until after the
rainy season and coordinated with Cal Poly's quarter break in late March to avoid traffic
congestion. Council Member Roalman also shared concerns regarding completing this and
other projects currently under construction. Cfi/ Engineer Wayne Peterson spoke in support
of staffs recommendation and responded to Council comments. He reported that there
would be no paving on rainy days, no trenches open during the winter and clarified that if rain
extends the contract and the contractor is unable to work, the City is protected by the
specifications. Vice Mayor Romero reiterated concerns for the quality of the work if it is done
during the rainy season, but noted that he would vote in favor to keep the projects moving
ahead.
ACTION: Moved by Roalman/Williams to 1) approve plans and specifications for
"Street Reconstruction / Resurfacing - Fall 1998" prepared by Nichols - Vallegra &
Associates; 2) authorize staff to advertise for bids for "Street Reconstruction/
Resurfacing - Fall 1998 "; and, 3) authorize the CAO to award the contract if the
lowest responsible bid is within budget; motion carried 5:0.
C4. LITTLE THEATRE AGREEMENT (File No. 704-06)
Council considered a new lease with San Luis Obispo Little Theater for the property at 888
Morro Street Council Member Schwartz pulled this item to read into the record his memo
to Council retracting his formal request to continue this item (both items on file with the City
Clerk).
ACTION: Moved by Williams /Romero to approve the new lease agreement with the
San Luis Obispo Little Theater for the property at 888 Morro Street; motion carried
5:0.
C5. SCHEDULE OF COUNCIL MEETINGS FOR BALANCE OF CALENDAR YEAR
(File No. 301 -01)
Council considered reviewing Council Meetings for the balance of the year.
1 ACTION: Moved by Williams/Roalman to receive and file; motion carried 5:0.
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Tuesday, November 10, 1998 - 7:00 p.m.
C6. FINAL PASSAGE OF PARADE AND SPECIAL EVENTS ORDINANCE (File No. 1104
01)
Council considered final passage of Ordinance No. 1345 establishing regulations for
parades and special events. (Continued from 10/20/98.)
ACTION: Moved by Williams /Roalman to grant final passage to Ordinance No. 1345,
motion carried 5:0.
C7. AMENDMENTS TO BY -LAWS FOR THE SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS (SLOCOG) AND THE SAN LUIS OBISPO REGIONAL TRANSIT
AUTHORITY ( SLORTA) (File No. 204-06)
Council considered ratification of proposed changes to San Luis Obispo Council of
Governments (SLOCOG) and San Luis Obispo Regional Transit Agency ( SLORTA) Joint
Powers Agreements.
ACTION: Moved by Williams/Roalman to adopt Resolution Nos. 8866 and 8867
approving the proposed modifications to the SLOCOG and SLORTA Joint Powers
Agreements with one change, retaining the Administrative Committee of SLOCOG;
motion carried 5:0.
C8. DOWNTOWN ASSOCIATION ADMINISTRATOR SALARY ADJUSTMENT (File No. 210-
07)
Council considered of a salary increase for the Downtown Association Administrator,
Deborah Holley. 1
ACTION: Moved by Williams /Roalman to adopt Resolution No. 8868 approving an
amendment to the contract for the Downtown Association Administrator for a salary
increase; motion carried 5:0.
C9. USE OF 610 MONTEREY STREET (File No. 809 -01)
Council considered various meeting and office uses for the City property at 610 Monterey
Street and budgeting $24,000 from the unappropriated balance of the general fund for
needed improvements to allow the recommended property uses.
ACTION: Moved by Wiliiams/Roalman to 1) authorize various meeting and office
uses for the City property at 610 Monterey Street; and, 2) budget $24,000 from the
unappropriated balance of the general fund for needed improvements to allow the
recommended property uses; motion carried 5:0.
C10. CREEK WALK SCULPTURE GIFT FROM THE MARY JANE DUVALL TRUST FUND
(File No. 201 -13)
Council considered Creek walk sculpture gift from the Mary Jane Duvall trust fund. Council
Member Schwartz abstained due to a conflict of interest due to existing relationship with
the Trust.
ACTION: Moved by Williams/Roalman to approve the offer of a gift of up to $25,000 I
from the Mary Jane Duvall Trust Fund for the creation of a sculpture to be placed
along the San Luis Creek Walk; motion carried 4:0:1 (Schwartz)
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Tuesday, November 10, 1998 - 7:00 p.m.
' C11. LAND ACQUISITION AT 893 MARSH STREET- (File No. 70406)
Council considered purchasing the Post Office parking lot property at 893 Marsh Street.
Ira Winn spoke in opposition to the proposed parking lot because he believes it will result in
an increase in traffic in the downtown.
Bill Storm spoke in support of the acquisition of the property and commented that there is a
need for additional parking in the downtown due to the fact that the existing garage is always
full.
Brian Christensen asked if there was a contingency provision in the contract He expressed
concern that this is not a prudent use of City funds because the impact has not been fully
studied.
Mike Span-gler, Chair of the Downtown Association Parking Committee, spoke in support of
the acquisition. He complimented the staff in their success with negotiating a deal with the
federal government and further stated that it is important to move on for the survival of the
pedestrian -oriented downtown.
Gary Fowler stated that he is opposed to the sale because of a concern that the post office
will eventually move out of the downtown. He recommended that the matter be held over until
the new Council takes office.
Deborah Holley. Downtown Association Administrator, stated that she knows the value of the
' post office downtown and that many downtown merchants are looking forward with great
anticipation to the project. She stated that it would be a travesty to drop it or back down, that
parking is at a premium and vital to the downtown. On behalf of the 650 businesses in the
downtown, she urged approval.
Joe Delucia. San Luis Obispo, concurred with others in support. As a downtown business
owner, he strongly supports the acquisition to keep downtown viable.
–end of public testimony—
Staff responded to additional questions from the Council.
ACTION: Moved by Romero/Schwartz to 1) authorize the purchase of property
located at the rear of 893 Marsh Street for $350,000; 2) authorize an agreement for
services between the City and United States Postal Service; and, 3) authorize the
CAD to sign purchase documents and the deed; motion carried 4:1 (Roalman).
C12. PARTICIPATION IN COUNTY -WIDE DUI REDUCTION PROGRAM (File No. 1301 -02)
Council considered participation in a county-wide law enforcement grant to reduce DUI
accidents during the 1998 holiday season.
ACTION: Moved by Williams /Roalman to adopt Resolution No. 8870 agreeing to
participate in the (San Luis Obispo County Plays It Safe) SLOCOPS grant; motion
1 carried 5:0.
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C13. VALVE REPLACEMENTS AND FIRE HYDRANT INSTALLATION (File No. 704-06) '
Council considered plans and specifications for valve replacements and fire hydrant
installation, authorizing staff to advertise for bids, and awarding contract if the lowest
responsible bid is within budget.
ACTION: Moved by Williams /Roalman to 1) approve plans and specifications for
"Valve Replacements and Fire Hydrant Installation, Specification No. 9222 "; 2)
authorize staff to advertise for bids; and, 3) authorize the CAO to award the contract
if the lowest responsible bid is within budget; motion carried 5:0.
COUNCIL LIAISON REPORTS
CLR1. Vice Mayor Romero reported on the October 14'" Integrated Waste Management
Authority (IVIIMA) meeting. The Buy Back Center is now in place and the recent law suit
was decided for Cold Canyon Land Fill. Construction of a Materials Recovery Facility will
soon begin. The Board received a report regarding the deconstruction project proposed at
Camp Roberts and authorized hiring a consultant to review the process. IWMA has
received a grant from the Air Pollution Control District to lease an electric passenger
vehicle.
CLR2. Vice Mayor Romero reported on the San Luis Obispo Regional Transit Authority
(SLORTA) meeting of November Wh. Actions included direction to staff to hire a consultant
to prepare a RFP for contract transit services operators, receiving a report regarding
additional funding for Highway 46 improvement, and State Transportation Improvement '
Program (STIP) funding that includes an additional $500,000 for construction of a sound
wall in San Luis Obispo along Highway 101.
CLR3. Vice Mayor Romero presented a report on the Performing Arts Center Commission
for their November 5"' meeting. The Cal Poly parking structure contract has been awarded
with work to begin in November. It will take approximately one year, and will increase
parking on campus by 700 spaces.
CLR4. Council Member Williams stated that the Economic Vitality Commission has
selected David Spower for the position of executive director to begin later this month.
CLR5. Council Member Schwartz reported that he had attended the Downtown Association
meeting where they discussed the strong need to do something about restrooms and parking
in the downtown.
Mayor Settle called a recess at 8:30 p.m. The meeting reconvened at 8:45 p.m.
Al. JACK HOUSE COMMITTEE APPOINTMENT (File No. 305 -02)
Council considered one appointment to the Jack House Committee.
ACTION: Moved by Roalman /Romero to appoint Ron Batterson to a four -year term
to begin immediately and expire 11112102; motion carried 5:0.
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A2. PLANNING COMMISSION APPOINTMENTS (File No. 305-02)
Council considered three appointments to the Planning Commission. (Continued from
10120198.)
Mayor Settle took comments from the public.
Jan Howell Marx. Council Member - Elect, requested that Council defer this appointment until
after 12/1198 when the new Council takes office. She recommended that the position be re-
advertised to create a wider pool of candidates and commented that the election results
show that the majority choice should appoint those they are comfortable with.
Mary Whittlesev, Planning Commissioner, expressed similar concerns. She stated that Mr.
Ashbaugh has been gone a couple of months, but would agree that the new Council should
make the selections.
Torre Houlaate -West stated that it is important to remember the voice of the voters and also
proposed that the Council appointments should be made by the new Council.
John Ewan, Council Member - Elect, stated that he would like a voice in the appointment
process but noted that he would like to see the current Council move forward with one
appointment at this time. He noted that he agrees that there are others who will apply now
that there are additional vacancies on the Commission.
Pete Evans agreed that the Council should defer the appointments until the new Council is
' seated.
–end of public testimony—
The Council reviewed a memo from the City Clerk summarizing past appointment practices
as they relate to appointments to the Commission following Council elections. Lengthy
Council discussion ensued.
MOTION: Moved by Romero/Williams to appoint Penny Rappa to fill the current
vacancy; motion failed 2:3 (Settle, Schwartz and Roalman).
ACTION: Moved by Roalman/Schwartz to appoint Allan Cooper to fill an unexpired
term to begin immediately; motion passed 5:0.
ACTION: Appointments to the remaining two vacancies were deferred and the City
Cleric was directed to open a new recruitment seeking additional applications.
A3. PROMOTIONAL COORDINATING COMMITTEE (File No. 305 -02)
Council considered an appointment to the Promotional Coordinating Committee.
ACTION: Moved by Roalman /Schwartz to appoint Diane Roberts to fill a vacancy to
expire on 3/31/2000, and thank Carol Ann Lockary for her service; motion carried
5:0.
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Tuesday, November 10, 1998 - 7:00 p.m.
PUBLIC HEARING 1
1. INCLUSIONARY HOUSING COMMITTEE REPORT (File No. 208 -02)
Council held a public hearing to consider an ordinance implementing the inclusionary
Housing Program of the City's General Plan Housing Element Associate Planner Hook
provided the background and staff recommendation. Council questions and comments
followed. Vice Mayor Romero voiced concerns regarding the potential for fraud.
Mayor Settle opened the public hearing.
Mary Whittlesev, ad hoc inclusionary housing committee member, provided some
background from the committee perspective and noted that not all the details were
completely worked.
Jan Howell Marx. Council Member - Elect, commended staff for their analysis and pointed
out the importance of providing affordable housing. She remarked that some of the
aspects of the program proposed may drive up costs for construction, especially for
smaller projects, and voiced concern that guidelines have not been adequately established.
She urged the Council to direct staff to do more work on the ordinance before it is enacted.
Steve Devencenzi. SLOCOG, spoke in support of the program. He noted that in 1991 the
regional fair share housing allocation plan was adopted and reported that the state has now
started providing funding.
Steve Nelson. Chairperson of the ad hoc inclusionary housing committee, spoke in support '
of the draft ordinance and addressed points relating to the proposed shared equity
program.
John French ad hoc committee member, also spoke in support of the program and
remarked that the ordinance is only one tool to meet the obligation of creating homes for
people who live and work in San Luis Obispo. He commented that he would not limit the
percentage, but rather limit the ratio of the equity. He suggested that a solution might be
to allow 20, 25 or 50 percent to participate in the equity sharing program, which would not
leave the City's equity share constant, but create a buffer of growth that would allow the
City's share to grow at a faster rate. He urged adoption or direction to staff to bring back
refinements.
Betty Woolslaver voiced support for the program and noted that the ad hoc committee
always intended that it would be the Housing Authority or Peoples Self -Help Housing to
deal with some of the issues regarding eligibility, etc. The intent of shared equity is to
focus on homes to be occupied by owner she added.
Charlie Senn. Planning Commission Chair, urged the Council to not get hung up on the
details of the program but to continue to move it along. He said that if modifications are
needed, staff or the Housing Authority can bring back a request to change the ordinance.
He also encouraged the Council not to put a cap on how long the home must be owned
before it can be sold.
George Moylan, Housing Authority, spoke in support of the ordinance and pointed out that
the specifics of the program will be In the negotiated agreement with the developer and the
purchase agreement with the buyer. He added that the ordinance is a good start for the
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Tuesday, November 10, 1998 - 7:00 p.m.
City, since it has not yet produced any affordable units to date. In response to inquiry from
the Council, Mr. Moylan remarked that the Housing Authority is interested in discussing
with staff the possibility of contracting with the City to implement the program and reported
that payment for that service would be negotiated as either a flat or half -point fee to cover
costs of processing.
Mayor Settle closed the public hearing.
Council discussion followed. Council Member Roalman expressed concern that with such
a small down and the potential for a huge windfall, the program might not be in the City's
best interest. He added that he foresees this program to be staff- intensive to monitor and
prevent fraud.
Vice Mayor Romero reiterated concerns regarding potential fraud and argued that the City
and developers will pay a portion of the subsidy. He noted that City policies to -date have
discouraged success of the existing program and though he is not convinced that this
ordinance will solve the problems, he believes it is a good start. He recommended that
mechanics of the program be worked out in detail and spoke in support of contracting with
the Housing Authority to administer and enforce the program.
Council Member Williams spoke in favor of the program and stated that there is a need to
establish incentives to make the program successful. She agreed with entering into a
contractual arrangement with the Housing Authority to administer the program.
Community Development Director Jonas asked for input on key issues raised by the
Council:
1) Does the Council want all for -sale housing to participate in a shared equity
program? Yes. Community Development Director Jonas suggested that the word
"shall" be changed to "may" in SLOMC Section 17.91.130 as it relates to eligibility
screening. Council supported flexibility; staff will review the Code and come back
with recommendations for modifications.
2) How does Council wish to address issues of "early" sale? Concurrence for no
absolute prohibition, but address with a sliding scale of equity share in the first
several years, with the City share larger early on. Staff directed to come up with
appropriate language.
3) Over time, does the Council wish to maintain an affordable housing stock in the
community? Yes. It was agreed that the amount of affordable housing should not
diminish over time, and that some device such as a "multiplier" (as proposed by
committee member John French) be considered to achieve that goal.
Council Member Roalman stated that he would be comfortable with 100% equity share and
proposed that this be the goal.
Mayor Settle recommended that the ordinance be continued for 30-60 days so that staff can
address Council concerns and bring back further refinements. Vice Mayor Romero
concurred. Steve Nelson suggested that the ad hoc inclusionary housing committee be
reconvened for one meeting to make suggestions. There was no objection by the Council.
City Administrative Officer Dunn summarized the Council concerns, as follows: equity
share, depletion of affordable housing stock, sliding scale for equity share, potential for
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Tuesday, November 10, 1998 - 7:00 p.m.
fraud, greater requirement on developers of smaller projects, affordability standard for
rental housing, and windfall profit after 30 years. Staff will consider these issues as
additional refinements to the ordinance are developed, he said. Community Development
Director Jonas clarified that some issues raised tonight will not be addressed by this
ordinance but will be included in the housing agreements.
ACTION: Moved by Romero /Schwartz to continue the matter and direct staff to
make the refinements and bring the matter back; motion carried 5:0.
COMMUNICATIONS
Council Member Schwartz reported that he visited nine shopping centers including the
Tustin Market Place, in Tustin, CA. He encouraged other Council Members to make similar
visitations to get a feel for the type of center that may resemble the proposed SLO
Marketplace.
BUSINESS ITEM
2. RAILROAD TRANSPORTATION CENTER CONCEPT PLAN APPROVAL (File No. 209-
07)
Council considered approving a revised concept plan to reflect direction provided by Council
regarding interim use and the old freight house. Public Works Director McCluskev provided
the staff report and recommendation. He stated that the next step will be for Council to
approve an RFP for plans and specifications.
Mayor Settle stated that he is eager to see a future rail component for historical steam
locomotives and suggested that an option of extending the track be considered, if it will not
impact the parking.
Mayor Settle opened the meeting for public comment
Brad La Rose commented that he and other railroad enthusiasts hope to work with staff to
facilitate a small sliver of right of way to extend the track. He stated that while he supports the
concept, he fears that the landscape medians are in excess of what is really needed.
Steve Devencenzi , SLOCOG, noted that parking is the primary reason for the improvements
and explained that making changes at this stage could jeopardize the funding source.
Mayor Settle returned discussion to the dais. Additional comments and questions to staff
followed.
ACTION: Moved by Romero/Williams to approve the Revised Concept Plan
increasing Amtrack parking, decreasing bus parking and retaining the Freight
House in its present location; motion carried 5:0.
There being no further business to come before the City, ounc' , Mgyor ad' umed the
meeting at 11:47 p.m. to Friday, November 13,1998 at 1 3 p. . i e Council tuber, 990
Palm Street, San Luis Obispo. I / , 9
APPROVED BY COUNCIL: 12/15/98 Lee Price,
LP:dr City Clerk