HomeMy WebLinkAbout03/02/19991
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 2, 1999 - 7:00 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; Ann Slate, Human Resources Director; Gary Henderson,
Water Division Manager; Mike McCluskey, Public Works Director;
Glen Matteson, Associate Planner; John Mandeville, Long Range
Planning Manager; Terry Sanvilie, Principal Transportation Planner,
John Shoals, Associate Planner, Ron Whizenand, Development
Review Manager, Neil Havlik, Natural Resources Manager
CLOSED SESSION ANNOUNCEMENT
City Attorney Jorgensen reported that the Council met concerning labor negotiations, as
follows:
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code $ 54957.6
Agency Negotiator:
Employee Organization:
Ann Slate
Bill Avery
San Luis Obispo
Police Officers Association
1998 Downtown Beautification Awards: Deborah Holley introduced Marshall Ochvlski who
presented a slide show representative of new businesses, significant remodels and facade
improvements. Awards were presented to Bath & Body; EnVision; Cal Poly Downtown;
Cloud 9; Central Coast Wines; Habitat; Rustic Romance; Coverings; Thomas Kinkade;
Tails; Romanza; Beaus Russia Tea House; Pasta Tazzo; Bliss Body Spa; Puck and Ronnie
French.
City Council Meeting
Tuesday, March 2,1999 - 7:00 p.m.
Page 2
PUBLIC COMMENT
PC1. Rick Fabrick asked Council to put the Boy Scout lease agreement issue on the
agenda.
CONSENT AGENDA
ACTION: Moved by Marx/Romero to approve the consent agenda as recommended by
the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES
Consideration of the minutes of:
Tuesday, February 16, 1999
ACTION: Moved by Marx/Romero to waive oral reading and approve minutes as
submitted; motion carried 5:0.
C2. ANNUAL UTILITY TRENCH REPAIR, SPECIFICATION NO. 9203B. (File No. 704 -06)
ACTION:. Moved by Marx/Romero to 1) approve Specifications for "Annual Utility
Trench Repair" Specification No. 9203B. 2) Authorize staff to advertise for bids. 3)
Authorize CAO to award the contract to the lowest responsible bidder; motion
carried 5:0.
C3. ADOPTION OF AN ORDINANCE IMPLEMENTING THE INCLUSIONARY HOUSING
PROGRAM AND AN UPDATE OF HOUSING ELEMENT POLICIES AND PROGRAMS.
(File No. 208 -02)
ACTION: Moved by Marx/Romero to give final passage of Ordinance No. 1348,
implementing the Inclusionary Housing requirement of the Housing Element and
establishing an Affordable Housing Fund; motion carried 5:0.
C4. :CONFIRMATION OF THE APPOINTMENT OF THE DOWNTOWN ASSOCIATION BOARD
MEMBERS. (File No. 303 -04)
ACTION: Moved by Marx/Romero to appoint Lynn James, Landy Fike, Bill Walter,
Tom Swem, Jerry Whitaker and Dave Kastner to the San Luis Obispo Downtown
Association Board of Directors; motion carried 5:0.
C5. OFFICIAL NAMES FOR THE THREE CITY -OWNED ADOBES. (File No. 209 -06)
ACTION: Moved by Marx/Romero to adopt Resolution No. 8913 officially naming
three City-owned historic adobes as follows: La Loma de la Nopalera Adobe (1590
Lizzie Street); Rodriguez Adobe (end of Brookpine Drive); Rosa Butron de Canet de
Simmler Adobe (466 Dana Street); motion carried 5:0.
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City Council Meeting Page 3
Tuesday, March 2,1999 - 7:00 p.m.
COUNCIL LIAISON REPORTS
CLR1. Council Member Schwartz submitted a report regarding the activities of the
Economic Vitality Corporation. He noted that the loan fund to aid businesses seeking start
up assistance was in good standing; an interesting copy of the Economic Strategy Report
of the City of El Paso de Robles is now available to Council Members; and to date the EVC
has not achieved full sponsorship from all cities in the county.
CLR2. Vice Mayor Romero reported on the activities of the California Men's Colony
Citizen's Advisory Committee. He stated that the rate of increase of new prison inmates
has dropped and that this will affect the need to build new facilities; it is not certain how
this will impact CMC. The committee also discussed the hazards of early morning visitors
to CMC who park on Highway 1 prior to opening time, and reopening the snack bar that
accommodates visitors outside the prison fence.
CLR3. Council Member Marx reported that the Equal Opportunity Commission is holding a
national conference this week at the Embassy Suites. She praised the EOC as a foremost
nationwide community action agency dealing with issues of child care.
Al. CULTURAL HERITAGE COMMITTEE APPOINTMENT. (File No. 302 -02)
1 ACTION: Moved by Settle /Ewan to reappoint Steven McMasters to a two -year term
to expire 3131/01, and reappoint Margot McDonald to a four -year term to expire on
3/31103; motion carried 5:0.
A2. ARCHITECTURAL REVIEW COMMISSION APPOINTMENT. (File No. 306 -02)
ACTION: Moved by SchwartrJRomero to appoint Jim Lopes to a three -year term to
begin 411199 and end on 3131103, and thank Curtis Illingworth for his many years of
service to the City; motion carried 5:0.
A3. PROMOTIONAL COORDINATING COMMITTEE APPOINTMENT. (File No. 302 -07)
ACTION: Moved by Romero/Schwartz to reappoint Wilda Rosene to a four -year term
to begin 4/1199 and end on 3131103, and reappoint George Newland to a two -year
term to begin in 4/1199 and end on 3131/01; motion carried 5:0.
PUBLIC HEARINGS
1. MARGARITA AREA (PORTION) ANNEXATION AND PREZONING. (File No. 208 -03)
(Continued from February 16, 1999)
Glenn Matteson presented the staff report and recommendations to approve the annexation
and prezoning.
Mayor Settle opened the public hearing.
' John French, owner /applicant, notes that he was present to answer any questions but
hopes that any action Council takes will result in no waiver of rights under Prop 1A.
City Council Meeting
Tuesday, March 2, 1999 - 7:00 p.m.
Page 4
Mayor Settle closed the public hearing.
ACTION: Moved by Romero /Ewan to adopt Resolution No. 8914 approving a
negative declaration of environmental impact; adopt Resolution No. 8915
recommending that the Local Agency Formation Commission approve annexation
of about 14 acres in the west part of the Margarita Area; introduce to print
Ordinance No. 1349 to prezone the annexation area Conservation /Open Space with
minimum parcel sizes that would prevent subdivision; approve and authorize the
Mayor to sign a pre- annexation agreement with the land owner; direct staff to work
with the County to prepare an agreement for exchange of property taxes that
recognizes the eventual residential use of the properly; motion carried 5:0.
The Mayor moved on to Item #3 as the applicant's representative was not yet present (see
page 6).
3. AMENDMENT TO THE BICYCLE TRANSPORTATION PLAN. (File No. 208 -02)
Principal Transportation Planner Sanville provided background on this item and the
recommendation to deny a request to amend the Bicycle Transportation Plan.
Mayor Settle opened the public hearing.
Bruce Collier, Bicycle Advisory Committee member, asked the Council to consider either
eliminating the bike lanes or defer a decision until alternatives for extending the bike lanes
can be reviewed.
Ed Jaster. Chair of the Bicycle Advisory Committee, commented in favor of the staff
recommendation to deny the request to amend the Plan and spoke in opposition to the
removal of the bicycle lanes.
Keith Miller, bicycle enthusiast, spoke against the removal of the bike lanes.
Stephen Peterson, citizen and member of the Planning Commission, opposed the removal
of bike lanes because he believes it conflicts with the goals of the General Plan. He urged
the Council to not rip out bike lanes to put in parking places.
Craig•Anderson, former member of the Bicycle Advisory Committee, also opposed the
removal of the bike lanes, which he added are critical to the future development of bike
lanes as outlined in the Plan.
--end of public testimony—
Vice Mayor Romero submitted an alternative for consideration which calls for narrower
sidewalks and the widening of the roadway by 2'A feet. He noted that although the City
would incur some expense, it would result in the retention of a bike lane and the addition of
7 -10 parking spaces. Public Works Director McCluskev reported that staff anticipates that
this solution would cost approximately $108,200, with a 20% contingency. Council Member
Ewan opposed the removal of the bike lanes and. commented in favor of looking at options
for linking all the various bike paths in town together. Council Member Marx suggested that
consideration be given to increasing the number of regular meetings of the Bicycle
Advisory Committee.
City Council Meeting Page 5
Tuesday, March 2, 1999 - 7:00 p.m. .
ACTION: Moved by Ewan /Marx to adopt Resolution No. 8916 denying a request to
' amend the City's Bicycle Transportation Plan to change the designation of the 1300
block of Santa Rosa Street (between Pacific and Pismo Streets) from Class l/ Bicycle
Lanes to a Class 111 Bicycle Route and remove existing bicycle lanes along both
sides of the 1300 block of Santa Rosa Street and install curb parking along its east
side (about eight spaces); motion carried 4:1 (Romero).
The Mayor called a recess at 9:32 p.m. The meeting reconvened at 9:45 p.m.
COMMUNICATIONS
Comml. Vice Mayor Romero raised a concern regarding the safety of the pedestrian
crosswalk on Higuera Street between Morro and Chorro Streets and requested that staff be
directed to investigate the reinstallation of a traffic signal at that location (see Memo to
Council, on file with the City Clerk). Other members of the Council mentioned other
crosswalk locations, including Grand Avenue and Hays Street. Brief discussion ensued.
ACTION: Council directed staff to prepare and bring back a report on alternatives to
improve pedestrian safety in heavily used crosswalks, without addressing specific
crosswalks. Alternatives should not only include traffic signals, but other strategies
and technologies being effectively used elsewhere. Following Council review of
these options, the Council may then direct staff to proceed to a second step report
recommending the application of certain strategies to specific crosswalk locations.
Comm2. Vice Mayor Romero summarized his memo on file with the City Clerk) regarding
inappropriate trees planted in parkways, and the liability and damage due to roots. He
asked Council to direct staff to initiate a program to remove inappropriate trees in the
Laguna Lake area and plant the proper species.
ACTION: Council directed staff and the Tree Committee to investigate the tree root
problem.
Comma. Council Member Marx reported that the San Luis Obispo Council of Governments
recently agreed to sponsor action to designate that portion of Route 1 through San Luis
Obispo County between the City of San Luis Obispo and the Monterey County line as a
National Scenic Byway or All American Roadway. Receiving the Federal designation allows
the highway to be eligible for Federal Scenic Byway funding, she noted. .
Comm4. Council Member Manx requested that the City Attorney provide legal opinions on
1) City subsidies to various groups for the rental of City-owned property, and 2) the effects
of Proposition 1A (schools exempt from CEQA provisions).
Regarding the first request for a legal opinion: City Attorney Jorgensen reported that,
at Council Member Marx's request, staff is looking at all City rental properties and
information will be available to the Council in the very near future. He added that the
City Charter gives the City broad authority to allow subsidized rent for various
community groups provided they offer a public purpose. In reviewing current lease
agreements, he noted that there are no issues with respect to gift of public funds, and
added that the only issue germane is the question raised over the lease with the Boy
Scouts of America. His legal opinion is that the City has discretion to terminate
1 without cause with 120 days written notice, but clarified that the City is not legally
compelled to terminate the lease. He asked the Council to not order him to provide an
opinion unless they wish to hear this issue as a Council agenda item. A majority of
City Council Meeting
Tuesday, March 2, 1999 - 7:00 p.m.
Page 6
the Council preferred that the matter be referred to the Human Relations Commission
for review.
Regarding the second request for a legal opinion: City Attorney Jorgensen reported
that the provisions included in Proposition 1A have been implemented and explained
that staff is already actively reviewing the impact on local planning issues. He noted
that a synopsis of legislature is available through his office for review by the Council,
and advised that he will continue to keep the Council informed on the issue.
CommS. City Clerk Price submitted a tentative schedule for upcoming Council issues. The
Council agreed to meet in several special meetings and /or workshops over the next three
months.
Comm6. CAO Dunn reported that the Bishop Peak Trail Dedication is Friday, March 5, at 2
P.M.
Comm7. Council Member Ewan summarized his memo to the Mayor (on file with the City
Clerk):encouraging input at the California Offshore Oil & Gas ER public hearing March 8,
1999 at the South County Regional Center, 800 W. Branch Street, Arroyo Grande.
The Mayor then went back to Item #2 on the agenda.
2. GEARHART PLANNED DEVELOPMENT AND SUBDIVISION: 915 EL CAPITAN. (File
No. 203 -05) (Continued from February 16, 1999)
Associate Planner Shoals provided the staff report and recommendations to approve.
Council questions and comments followed regarding fencing in the rear yard areas adjacent
to the creek. Natural Resources Manager Havlik responded to questions regarding creek
flows and protection.
Mayor Settle opened the public hearing.
Doug Davidson, of Canon & Associates and representing the applicant, provided
background on the project, spoke in support of the findings of approval and responded to
questions from Council regarding parking, driveway setbacks and creek/open space
considerations.
Steve Delmartini asked how this project is any different than many others in the community
where creeks run through properties. Council Member Schwartz replied that this project is
different because it is requesting special consideration as a planned development.
Mayor Settle closed the public hearing.
Lengthy Council discussion followed. Vice Mayor Romero suggested fences in the rear
yards where practical to screen and provide safety. In addition, he proposed a modification
to the condition specifying paving material include asphalt or concrete. Council Member
Schwartz voiced concerns regarding the potential for a fire hazard and the safety of
residents because of the lack of plans by the developer for accessing the creek for
maintenance. He added that there is inadequate parking and asserted that he could not
support the project.
A discussion about a homeowners association ensued. City Attorney Jorgensen reported 1
the goal is to make the homes affordable and instead of imposing the conditions of a
homeowners association, there was support for leaving the maintenance of the individual
City Council Meeting Page 7
Tuesday, March 2,1999 - 7:00 p.m.
property to the individual property owner. Council Member Marx suggested that the concept
be reconsidered to ensure the joint use and management of the triangular lot across the
creek.
A discussion regarding parking followed. Vice Mayor Romero voiced concern regarding the
inability to park in front of the garage and suggested modifications to the design of the
garage and uncovered parking areas. Council Member Ewan suggested that the uncovered
parking area be extended to create two tandem spaces. Council Member Marx cautioned
against encroaching any closer to the creek. She also proposed that the project size be
reduced to six houses, if need be.
Natural Resource Manager Havlik addressed concerns regarding creek preservation. He
observed that one lot is City -owned and reported that there is a trail that will eventually link
to other trails. He noted that he believes it is possible to craft an enforceable open space
easement in such a way to accomplish many things, including getting material from one lot
across another, weed abatement and creekway maintenance.
Council Member Schwartz proposed that the Council continue this item to allow the
applicant to address issues raised by the Council. He also recommended that
consideration be given to designing a suitable bridge crossing the creek to allow for what
will happen naturally.
ACTION: Moved by Schwartz/Ewan to continue the matter and ask staff to meet
with the developer to see if there are modifications that can be made to address the
concerns expressed by the Council; motion carried 5:0. There was mutual
agreement that there be no homeowners association as long as all the goals can be
addressed through an open space easement.
BUSINESS ITEMS
The Mayor took the business items in the following order. Item 6, Item 5, Item 4.
6. PUBLIC ART APPROVALS. (File No. 704 -06)
Engineering Asst Jones and Artist Jim Jacobson responded to questions regarding the
models on display representing the conceptual designs for artwork on the Broad Street
bridge, as part of the San Luis Obispo Creek Walk project, and the Santa Rosa bridge.
There were no comments from the public.
ACTION: Moved by Settle/Ewan to approve the San Luis Obispo Creek Walk public
art proposal; and authorize the City Administrative Officer to execute an agreement
with the artist, Jim Jacobson; motion carried 5:0.
ACTION: Moved by Settle /Ewan to approve the public art proposal for the Santa
Rosa Bridge; and authorize the Public Works Director to execute the agreement with
the artist, Jim Jacobson; motion carried 5:0.
5. REVIEW 1998 GENERAL PLAN ANNUAL REPORT. (File No. 208 -02)
Associate Planner Matteson provided the staff report and responded to questions from the
' Council. He explained that the report was for the previous calendar year and noted that the
information had been previously provided to the Council as part of the goal setting packet.
City Council Meeting
Tuesday, March 2,1999 - 7:00 p.m.
Page 8
Council Member Ewan noted it would be helpful to the Council to know before goal setting
what has not been accomplished.
ACTION: Moved by Schwartz/Marx to receive the Annual Report on the General
Plan; motion carried 5:0.
4. STANDARDS FOR THE DESIGN AND INSTALLATION OF STREET NAME SIGNS. (File
No. 812 -05)
Public Works Director McCluskev provided the staff report and summarized staff
recommendations relating to street signs. Council Member Schwartz, using overhead slides,
demonstrated inconsistent, poorly designed and duplicate signs throughout the City. He
urged the Council to consider the image the current sign program in the City projects. He
recommended that the Council direct staff to cease and desist erecting signs, seek input from
a graphic expert, and establish a sub - committee to develop standards and a request for
proposals. Council discussion followed.
ACTION: There was consensus to establish a Council subcommittee as
recommended. Vice Mayor Romero, Council Member Schwartz, the Public Works
Director and the CAO agreed to serve on the committee. A graphic consultant may be
used at the end for professional input, and the subcommittee is expected to bring the
matter back to the Council for review and consideration.
There being no further business to come before the City Council, Ma
meeting at 11:30 p.m. to Thursday, March 11, 1999 at 1:30 p.m. in the
990 Palm Street, San Luis Obispo. i
APPROVED BY COUNCIL: 3/16/99
LP:dr
City Clerk
3 adjourned the
Hearing Room,
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