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HomeMy WebLinkAbout12/15/1998MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 15, 1998 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, and Mayor Allen K. Settle City Staff: 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; Jim Gardiner; Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks & Recreation Director, Wendy George, Assistant to the City Administrative Officer and Peggy Mandeville, Associate Planner CONSENT AGENDA Council Member Schwartz commented in support of Item C2. Council Member Marx asked what the implications are to the viewers relevant to Item C4. Assistant to the City Administrative Officer George reported that there is no change in management, no rate increase at this time and no changes in operations. Council Member Ewan reported he will refrain on Item C3 due to a potential conflict of interest. ACTION: Moved by Romero /Schwartz to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES Tuesday, November 10, 1998: . Tuesday, November 17, 1998 Tuesday, December 1, 1998 ACTION: Moved by Romero /Schwartz to waive oral reading and approve minutes as submitted; motion carried 5:0. C2. APPROVE MILLS ACT CONTRACTS (File No. 209 -05) ACTION: Moved by Romero /Schwartz to adopt Resolution Nos. 8878.8879.8880. and 8881 approving Mills Act contracts for historic properties located at 1725 Santa Barbara Street, 1426 Broad Street, 1117/1119 Marsh Street and 559 Pismo Street; motion carried 5:0. City Council Meeting Page 2 Tuesday, December 15, 1998 - 4:00 p.m. C3. JOHNSON AVE. ABANDONMENT - BUCHON AND RAILROAD TRACKS ' (Abandonment of excess portion of the westerly 26 feet of the Johnson Avenue right -of -way, located between Buchon Street and the Union Pacific Railroad right -of- way.) (ABAN 152 -98) (File No. 812 -07) ACTION: Moved by Romero/Schwartz to adopt a Resolution No. 8882 to consider abandonment, and set a public hearing for January 19,1999; motion carried 4:0:1 (Ewan). ICJ C4. CABLE FRANCHISE CHANGE OF CONTROL AGREEMENT (File No. 704 -06) ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8883 approving the change of control of the City of San Luis Obispo's cable television franchise from Charter Communications Properties LLC to Paul G. Allen and authorize the Mayor to sign the Change of Control Agreement; motion carried 5:0. C5. REIMBURSEMENT FOR CREEK MANAGEMENT WORK (File No. 810 -06) ACTION: Moved by Romero/Schwartz to adopt Resolution No. 8884 approving an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9, and authorize the Mayor to sign the agreement; motion carried 5:0. C6. MID - HIGUERA ENHANCEMENT PLAN SUBCOMMITTEE (File No. 704 -06) ACTION: Moved by Romero /Schwartz to establish a subcommittee consisting of Council members Romero and Schwartz; motion carried 5:0. APPOINTMENTS Al. COUNCIL SUBCOMMITTEE APPOINTMENTS (File No. 301 -05) ACTION: Moved by Romero /Schwartz to appoint Council Liaisons to subcommittees as listed on the Attachment A; motion carried 5:0. Council Member Schwartz suggested some modifications to the chart prepared by staff. The City Clerk was asked to make the changes. COUNCIL LIAISON REPORTS San Luis Obispo Council of Governments ( SLOCOG): Vice Mayor Romero reported that SLOCOG took several actions at their last meeting. First they did not change the criteria for unmet transit needs. Second they approved $3 million for a Transportation Demand Management (TDM) services program for the Cuesta Grade project scheduled to start this Summer. Finally they approved the retention of a city managers committee. California Men's Colony (CMC): Vice Mayor Romero noted that CIVIC received a high rating of 92% in the most recent institution audit. Also recent problems with processing visitors has improved. Additionally he reported that 23% of the prison population consists of illegal aliens. City Council Meeting Page 3 Tuesday, December 15, 1998 - 4:00 p.m. Downtown Association: Council Member Schwartz reported the Downtown Association members expressed concern to Police Chief Gardiner about recent lack of police presence in the downtown area. Chief Gardiner responded that the police force has been working on the coed disappearance. Council Member Schwartz also noted that a decision regarding changing the name of the association was postponed. Bicycle Committee: Council Member Ewan reported that the committee discussed the effect of stop signs for traffic calming as it relates to cyclists and expressed concerns regarding interim road conditions on Orcutt Road. The committee is also working on goal setting. Youth Task Force: Mayor Settle reported that the Youth Task Force has developed a video for the prevention program called RE(DUI)CE which is now available. BUSINESS ITEMS 2A. FIRST NIGHT SAN LUIS OBISPO NOISE ORDINANCE EXCEPTION (File No.1104-01) Council considered an exception to the Noise Ordinance for First Night in the downtown area from 8:00 p.m. to 12:00 midnight on New Year's Eve. Parks and Recreation Director LeSage provided the staff report. There were no questions from the Council or the public. ACTION: Moved by Romero /Marx to approve the exception for the First Night Celebration from the City Noise Ordinance (exception approved until 12:15 a.m.) and confirm approval of future exception for this event at the staff level; motion carried 5:0. SOUND WALL ALONG ROUTE 101, ADJOINING BRIZZOLARA STREET (File No. 812 -01) Council considered support for the design and construction of a sound wall along Route 101 adjoining Brizzolara Street. Public Works Director McCluskev provided the staff report and responded to questions from the Council. Public Comment: Brett Cross voiced concern about the lack of notice to the public about this item and spoke in opposition to the concept. He said that the project will benefit only a small portion of community and urged the Council to consider other projects that will benefit the community as a whole. Steve Devencenzi. San Luis Obispo Council of Governments, explained that the project must be constructed to standards established by the California Dept. of Transportation (CalTrans) and indicated that the could respond to questions from the Council or public regarding the nature of the funding. George Moylan. representing SLO Nonprofit Housing Corporation, reported that bids were opened today for a housing project in the neighborhood. He predicted that increased traffic expected on 101 will cause problems for the neighborhood, but explained that steps were taken in the design of his project to mitigate the impact of traffic noise. –end of public testimony- City Council Meeting Page 4 Tuesday, December 15, 1998 - 4:00 p.m. Lengthy Council discussion and questions to staff followed. Council Members Marx and Ewan expressed a desire to examine other alternatives to reduce noise. Vice Mayor Romero commented that with direction to staff to develop performance criteria (including limiting the height to 6-8 feet, setting the wall six feet back away from the road, and sufficient landscaping), he believes the project can be done for less than $500,000. He urged the Council to approve this one time opportunity to solve the noise problem. Council Member Schwartz spoke in opposition to the proposal because it is likely to become a graffiti problem. He suggested that the funds be used for the installation of noise buffers and /or installation. Council Member Marx asked staff what it would cost to prepare a study of design and alternatives. She also proposed that there be a public hearing to give residents and the community an opportunity for input. Steve Devencenzi cautioned that the funding cannot be used for a study, only the actual construction. He reported that the SLOCOG Board may want a decision from the City within six months and noted that the funds must be spent within two years. If the funds are not expended, SLOCOG can re- allocate, he added. Public Works Director McCluskev reported that an actual sound attenuation study prepared by a consultant would cost $20- 25,000. He suggested that the Council authorize, through the Capital Improvement Plan budget process, funds from the General Fund to pay for the consultant study. ACTION: Moved by Settle /Romero to 1) direct staff to perform design and cost analyses for the design and construction of a sound wall along the south side of Route.101 adjoining Brizzolara Street, including consideration of other alternatives for sound reduction; 2) approve the performance objectives presented in Section ILE of the staff report to help guide the sound wall's design; and, 3) reserve $500,000 of the State Transportation Improvement Program (STIP) dollars allocated to the City to pay for any costs that exceed the $500,000 programmed by San Luis Council of Governments (SLOCOG) for this project; motion carried 3:2 (Marx, Schwartz). 2. INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES (File No. 704 -06) Council considered an interior advertising policy for SLO Transit vehicles. Public Works Director McCluskev provided the staff report and responded to questions from the council. Council Members Marx and Schwartz proposed some amendments to the policy. Brief discussion ensued. There were no comments from the public. ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 8885 approving the interior advertising policy for SLO Transit vehicles, as amended (Add "or events" regarding Non - profits and "or activities" regarding City - sponsored events under "B; Permitted Advertising "; delete bulleted item relating to "single occupancy vehicles" under "A. Types of Advertising Prohibited "; and revise for greater clarity language relating to appeals under "A. Administration "); motion carried 5:0. Mayor Settle adjourned the meeting at 5:45 p.m. to Closed Session in the Council Hearing Room. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9 (a) City Council Meeting Tuesday, December 15, 1998 - 4:00 p.m. San Luis Obispo Firefighters Association v. City of San Luis Obispo CONFERENCE WITH PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8 Property: Damon - Garcia Property Negotiating Parties: City of San Luis Obispo Paul LeSage Property Owner Representatives: John French Negotiation: Whether to Acquire CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code § 54956.9 (c) Number of Cases: 1 Page 5 L CLOSED SESSION ANNOUNCEMENT Mayor Settle reconvened the meeting at 7:08 p.m. in the Council Chamber. City Attorney Jorgensen announced that the Council had conducted a Closed Session to consider pending litigation entitled San Luis Obispo Firefighters Association v. City of San ' Luis Obispo; authorized further property negotiations relative to the Damon - Garcia Property; and discussed one matter of potential litigation. The latter item was continued to the end of the Open Session for on -going discussion. P1. NATURAL RESOURCES POSTER Presentation was made of the "Natural Resources Poster" by the Natural Resources Inventory Advisory Group, including Natural Resources Manager Havlik, Pierre Rademaker and Jeff Land. The artist, Ben Lovejoy, was present and recognized for his work. PUBLIC COMMENT None. PUBLIC HEARINGS 3. DEVAUL RANCH ANNEXATION /PREZONING /EIR 11855 LOS OSOS VALLEY ROAD (File No. 208 -03) Council held a public hearing to consider to certify the Environmental Impact Report, the annexation and the prezoning of the 222 acre DeVaul Ranch site at 11855 Los Osos Valley Road. (ANNX/R/ER 102 -96). Associate Planner Mandeville provided the staff report and distributed a correction sheet relative to the mitigation monitoring program. In addition, she corrected an error in the staff report regarding the tax sharing agreement with the County and clarified the split would be 113 (City) 2/3 (County). City Council Meeting Page 6 Tuesday, December 15, 1998 - 4:00 p.m. Mayor Settle opened the public hearing. Charlie Eckert and Hamish Marshall representing the applicant, spoke in support of the project and summarized key components of the conceptual design. Dodie Williams spoke in favor of the project noting that the City would gain a significant amount of open space, a good mix of housing and direction toward the City's goal of job /housing balance. Jim Webb read his letter in opposition to certification of the EIR (previously received and on file with the City Clerk). Jean Webb spoke in opposition to the project because of concerns regarding traffic, water, sewer, and anticipated crime relating to additional low -cost housing. Penny Sullivan voiced opposition because of concerns relating to traffic, water and drainage. Ruth Drandell expressed opposition because of traffic, impact to schools, pedestrian safety and the emergency exit proposed. Louis Verdugo also opposed the project because there isn't adequate water. Brett Cross commented that the proposed zoning is appropriate for the site but noted that he is concerned about the adequacy of the EIR and mitigation measures suggested in the document. He indicated that he sees potential neighborhood impacts which include increased traffic and pedestrian safety. He concluded by saying that the project is poorly designed and the hillside lots too large. Christine Mullholland expressed similar concerns and opposes the project primarily because of the amount of affordable housing in the plan. She remarked that the impact will add to that resulting from other nearby project approvals. Matthew Kennedy, legal counsel for Bank of America (Trustee for DeVaul Family Trust), testified that approval is essential to assure that the Trustee can meet their fiduciary responsibility to Mrs. DeVaul. The developer has a good track record, he added, and spoke to the merits of the proposed project. Ken Bruce commented that he objects to the proposed Quail Drive "punch- through" for emergency access and questioned who will maintain it. He asserted that the neighborhood needs a full street connection and voiced concern that without full street access there will be a negative effect in the event of emergency. The applicant's representatives were offered an opportunity to respond to comments from the public. Charlie Eckert noted the EIR outlines measures to mitigate the impacts which are of concern to the public, and answered questions from the Council. Mayor Settle closed the public hearing. Fire Chief Neumann and traffic consultant Jim Dasa addressed comments voiced by the public about traffic impacts and responded to questions from the Council. Council discussion followed regarding specific mitigation measures outlined in the EIR. There was City Council Meeting Tuesday, December 15, 1998 - 4:00 p.m. Page 7 concurrence to strike J -6 in its entirety, eliminate last sentence in J -1(g) and strike "a through" in the corrected version of J -11. Water Division Manager Henderson and Utilities Director Moss responded to questions regarding water issues. Supervising Engineer Kenny answered questions regarding drainage. Natural Resources Manager Havlik and Professor V. L. Holland Poly (Chair of the Biological Sciences Department and consultant to the DeVaul property developers) addressed questions relating to the Condon Spikewood ( Tarplant). Individual Council comments followed. Vice Mayor Romero supports the findings for approval, and although expressed a preference for a full street connection at Quail Drive commented that he is agreeable to the emergency access option. Council Member Schwartz expressed a desire to see the Cypress grove spared, less parking, more open space, an innovative planned unit development and the selection of Spanish street names. Community Development Director Jonas reported that the Cypress trees will be saved. Council Member Ewan commented that he supports the mitigation measures outlined, including steps taken to -date to protect the Tarplant. He did, however, express some concern regarding potential traffic impact to residents on Oceanaire. Council Member Marx noted that she hopes to see the Ranch Home preserved for public, cultural use. She commented that the EIR does not adequately address the preservation and protection of the Tarplant, but noted that she would agree to certify it if the developer makes a commitment to mitigate the loss. Mayor Settle noted that he does not agree with the EIR consultants' assessment of the traffic impacts and voiced strong disapproval because of anticipated traffic impacts and congestion on Los Osos Valley Road. He also argued that a second exit is needed. Modifications to the mitigation plan were proposed and approved, as follows: ' • D -10: Add to first paragraph: "The details of acquisition and design of the Quail Drive lot shall be finalized as part of the development review process." F-3: Amend last sentence to read as follows: The mitigation plan shall include the provision for replacement of habitat to the satisfaction of the Natural Resources "and the City Council" should initial mitigation program be unsuccessful "within five years". ACTION: Moved by Romero /Ewan to adopt Resolution No. 8886 certifying the Environmental Impact report), as corrected and further modified; 4:1 (Settle). ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8887 recommending that the Local Agency Formation Commission approve annexation of about 222 acres at the southeast corner of Madonna Road and Los Osos Valley Road (Attachment #2, with map); motion carried 5:0. 3) Introduce Ordinance No. 1344 to print prezoning the 222 -acre annexation area R -1, R -2, R -3, PF and C /OS -160 (Attachment #3, with map and Mitigation Monitoring Program); motion carried 5:0. 4) Direct staff to complete, and bring to Council for approval, tax - sharing agreements with the County for all land to be annexed; motion carried 4:1 (Settle). Mayor Settle called a ten minute recess at 10:02 p.m. 4. APPEAL OF A DECISION APPROVING A TENTATIVE MAP AT 2903 BROAD ST. (File No. 203 -03) City Council Meeting Page 8 Tuesday, December 15, 1998 - 4:00 p.m. Council held a public hearing to consider an appeal of the hearing officer's action ' approving a minor subdivision creating two lots from one at 2903 Broad Street. (David Bolduan, applicant and Joe DeLucia, appellant.) (MS 61 -98) Council Member Ewan stepped down due to a potential conflict of interest. Associate Planner Mandeville provided the staff report and recommendation to deny the appeal. Mayor Settle opened the public hearing. Joe Delucia spoke in support of the appeal and in opposition to the lot split. He urged the Council to deny the project or continue it with direction to staff to more fully access the impacts. Mayor Settle closed the public hearing. Staff responded to brief questions from Council. ACTION: Moved by Schwartz/Settle to deny the appeal with direction to the applicant to modify the lot line adjustment to conform with the width /depth ratio for Parcel 2;,4:0:1 (Ewan).. David Bolduan, applicant, commented that he would not object as long as it doesn't affect the location of the buildings. 5. APPEAL OF FRONTAGE IMPROVEMENTS AT 1480 ELLA STREET (File No. 201 -12) ' Council held a public hearing to consider deferring the installation of sidewalk improvements to a later date. Council Member Ewan stepped down due to a potential conflict of interest. Public Works Director McCluskey provided the staff report and recommendation to deny the appeal. Mayor Settle opened the public hearing. Judy Philbin, appellant, distributed copies of pictures of the neighborhood and written comments in support of the appeal. She argued that constructing a sidewalk would be incongruent with the neighborhood and would result in the removal of several mature trees. She submitted for the record a survey of the neighborhood relative to sidewalks which reflects the fact that the majority prefer things the way they are. Mrs. Philbin requested approval of Option #2 of the staff report. Mayor Settle closed the public hearing. Vice Mayor Romero stated that the City is dedicated to public access rights on the streets and argued that this provides a chance to get a continuous sidewalk from Fixlini to Johnson. Council Member Schwartz agreed. Mayor Settle commented in favor of approving Option #3 as outlined by staff. Council Member Marx concurred. Realizing the potential for a split vote on this item, additional discussion ensued. Council Member Schwartz suggested the matter be continued and direction given to staff to prepare a simple drawing illustrating some design options. Council Member Marx proposed Option #2 be approved with a provisional review in one year. The appellant indicated that she would agree to a continuance. 1. City Council Meeting Tuesday, December 15, 1998 - 4:00 p.m. Page 9 ACTION: Moved by Schwartz/Romero to continue the appeal to the second meeting in January; motion passed 3:1 (Marx). 6. STATE AND FEDERAL TRANSIT GRANTS FOR 98 -99 (File No. 803 -08) Council held a public hearing to consider the Federal Transit Administration Program projects for the 1998 -99 fiscal year. Public Works Director McCluskev provided the staff report. There were no questions or comments from Council or staff. ACTION: Moved by Romero /Ewan to 1) approve the 1998 -99 Annual Claim for Transportation Development Act grants in the amount of $1,122,486; 2) adopt Resolution No. 8888, authorize the Public Works Director to apply for a grant from the Federal Transit Administration in the amount of $386,000; 3) approve additional CIP expenditure appropriations in the amount of $186,300 for the Bus Maintenance and Expansion project and $6,000 for the Bus Stop Improvements project; 4) approve splitting off the Downtown Transfer Center ($625,000) and the Railroad Recreation Trail - Phase 2 project ($400,000) from the Multimodal Transportation Center project budget; 5) approve additional operating expenditure appropriations in the amount of $30,900 for the Connector electric shuttle service and $14,900 for extra tandem service; 6) approve amendments which will bring the 1998 -99 budget into conformance with the anticipated revenues and expenses; motion carried 5:0. COMMUNICATIONS Mayor Settle asked staff to work with him and Council Member Ewan to discuss concerns of downtown auto dealers regarding expansion options. Council Member Marx suggested consideration include an off - street transit site that will not be a temporary measure. Council Member Marx requested staff provide to the Council a list of City-owned properties currently being leased, including terms and rates. CONTINUED CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code § 54956.9 (c) Number of Cases At 11:20 p.m., the Council adjourned to a Continued Closed Session regarding this item. CLOSED SESSION ANNOUNCEMENT The Closed Session was adjourned at 12:30 a.m. City Attorney Jorgensen reported that the item was continued until January 5, 1999 for further discussion. City Council Meeting Page 10 Tuesday, December 15, 1998 - 4:00 p.m. The next regular meeting will be Tuesday, January 5, 1999 at 7:00 p.m. in the Cou Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 115199 n `) LP:dr Lee Price,' City Clerk J 1