HomeMy WebLinkAbout05/04/1999MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 4, 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; Bill Statler, Finance Director; Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John
Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul
LeSage, Parks and Recreation Director; Wendy George, Assistant to
the CAO; Jeff Hook, Associate Planner; Terry Sanville,
Transportation Planner; Keith Opalesky, Parking Manager
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Cheda Survivors Family Trust Property
1095 Marsh Street
Negotiating Parties: City of San Luis Obispo:
John Dunn
Property Owner Representatives:
Chris Guenther, Esq.
Negotiation: Whether to Proceed with Negotiations
City Attorney Jorgensen announced that there was no action taken.
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Ayers' Property on
South Higuera Street at Highway 101
Negotiating Parties: City of San Luis Obispo: 1
Neil Havlik
1
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City Council Meeting
Tuesday, May 4, 1999 - 7:00 p.m.
Property Owner Representative:
Jan Ayers
Negotiation: Whether to Proceed with Negotiations
City Attorney Jorgensen announced Council authorized further negotiations.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Damon - Garcia Property
(Broad Street)
Negotiating Parties: City of San Luis Obispo:
Paul LeSage
Property Owner Representative:
John French
Negotiation: Whether to Negotiate /Acquire
City Attorney Jorgensen announced Council authorized further negotiations.
CONFERENCE REGARDING LABOR NEGOTIATIONS
Pursuant to Government Code § 54957.6
Agency Negotiator:
Employee Organization:
Ann Slate
(All Bargaining Units)
City Attorney Jorgensen announced Council authorized further negotiations.
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8 .
Property: 1023 Chorro Street
Negotiating Parties: City of San Luis Obispo:
John Dunn
Property Owner Representative:
Stan Clinton
Negotiation: Whether to Proceed with Negotiations
City Attorney Jorgensen announced Council declined further negotiations.
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City Council Meeting Page 3
Tuesday, May 4, 1999 - 7:00 p.m.
PROCLAMATION FOR WATER AWARENESS MONTH AND BRIEF STAFF PRESENTATION
REGARDING NEWLY DEVELOPED SCHOOL WATER EDUCATION PROGRAM.
Utilities Director Moss introduced Consultant Mike de Milo and students from Marley
Schmidt's 4'" grade class from Pacheco School, who demonstrated the water cycle "puzzle"
representing water use, treatment, conservation and reclamation. Mayor Settle read and
presented the proclamation for "Water Awareness Month" to Utilities Director Moss.
PUBLIC COMMENT
There were no public comments regarding items not on the agenda.
Received later in the evening: Evelyn Talmage submitted a conceptual plan for the Johnson
Avenue "death corridor"and shared concern regarding pending plans for affordable housing.
City Administrator Dunn reported that staff will check on the status of the Housing Authority
project and on safety concerns on Johnson Ave.
CONSENT AGENDA
Brett Cross, 1217 Mariners Cove, spoke in opposition to Item #C8. He commented that he has
never observed any steelhead trout in Laguna Lake and voiced concerns that staff may be
attempting to get "free" grant funds. Natural Resources Manager Havlik reported that he
himself and others have observed the fish in the waters and assured the Council that the staff
recommendation is part of a comprehensive effort.
ACTION: Moved by Ewan /Romero to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES
April 6, 1999 (continued from April 20, 1999)
April 19, 1999
ACTION: Moved by Ewan /Romero to waive oral reading and approve minutes as
amended; motion carried 5:0.
C2. FINAL PASSAGE OF ORDINANCE NO. 1352 FOR THE GEARHART PLANNED
DEVELOPMENT: 915 EL CAPITAN. (File No. 203 -05)
ACTION: Moved by Ewan /Romero to grant final passage to Ordinance No. 1352;
motion carried 5:0.
C3. CONDUIT SHARING AGREEMENT WITH ZIATECH. (File No. 704 -06)
ACTION: Moved by Ewan /Romero to approve an agreement with Ziatech
Corporation for the use of City conduit in exchange for their installing fiber between
the Headquarters Fire Station and Fire Station 3; motion carried 5:0.
C4. APPLICATION TO STATE DEPARTMENT OF EDUCATION FOR ENVIRONMENTAL
EDUCATION GRANT. (File No. 1108 -02)
ACTION: Moved by Ewan /Romero to adopt Resolution No. 8926 granting approval 1
for the City of San Luis Obispo to submit an environmental education grant
City Council Meeting Page 4
Tuesday, May 4, 1999 - 7:00 p.m.
application to the State Department of Education, Office of Environmental
' Education; motion carried 5:0.
C5. ABOVE - GROUND FUEL STORAGE TANKS. (File No. 704 -06)
ACTION: Moved by Ewan /Romero to 1) approve Specification No. 90018 to solicit
bids for two 12,000 gallon above -ground fuel storage tanks for the Corporation
Yard: one for the storage /dispensing of gasoline and the other tank a (7/5K Split)
for the storage /dispensing of gasoline and diesel fuels. 2) Authorize the City
Administrative Officer to award the contract if it is within the project's budget of
$80,000; motion carried 5:0.
C6. STREET RECONSTRUCTION /RESURFACING - SPRING 1999. (File No. 704 -06)
ACTION: Moved by Ewan /Romero to 1) approve plans and specifications for "Street
Resurfacing - Spring 1999." 2) Authorize staff to advertise for bids for Street
Reconstruction /Resurfacing - Spring 1999" and authorize the City Administrative
Officer to award the contract if the lowest responsible bid is within budget; motion
carried 5:0.
C7. FIRST NIGHT COSPONSORSHIP. (File No 1104 -01)
Moved by Ewan/Romero to 1) approve City co- sponsorship of the 1999 First Night
Celebration with the understanding that the planning, funding, and management of
the event is the responsibility of the First Night of San Luis Obispo organization. 2)
Authorize the First Night San Luis Obispo organization to use the Council Chamber
on December 31,1999; motion carried 5:0.
C8. APPLICATION FOR ENVIRONMENTAL GRANT PROGRAM FUNDS FROM THE
STATE OF CALIFORNIA'S SALMON AND STEELHEAD TROUT RESTORATION
ACCOUNT. (File No. 704 -06)
ACTION: Moved by Ewan /Romero to adopt Resolution No. 8927 authorizing staff to
complete and submit an application for grant funds from the State of California's
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 5:0.
C9. ACQUISITION OF TEMPORARY EASEMENTS AND PROPOSAL FOR
ENVIRONMENTAL MONITORING FOR THE SANTA ROSA STREET BRIDGE
RECONSTRUCTION PROJECT. (File No. 704 -06)
ACTION: Moved by Ewan /Romero to 1) adopt Resolution No. 8928 accepting right -
of -way agreements for temporary construction easements needed for the bridge
replacement at Santa Rosa Street. 2) Authorize the Director of Public Works to sign
the right -of -way agreements on behalf of the City. 3) Direct the Finance Department
to issue checks to the individuals in accordance with the right -of -way agreements.
4) Approve the Request for Proposals for Environmental Monitoring and authorize
the staff to distribute the request. 5) Authorize the City Administrative Officer to
award the contract for Environmental Monitoring not to exceed $40,000. 6)
Appropriate $8,000 from the unappropriated balance of the General Fund and
$32,000 in grant revenue and move it to the Santa Rosa Street Bridge construction
account for environmental monitoring; motion carried 5:0.
' C10. ANDREWS - CONEJO STORM DRAINAGE IMPROVEMENTS. (File No. 704 -06)
City Council Meeting
Tuesday, May 4,1999 - 7:00 p.m.
Page 5
ACTION: Moved by Ewan /Romero to 1) approve plans and specifications for
"Andrews /Conejo Storm Drainage Improvements." 2) Authorize staff to advertise
for bids for "Andrews /Conejo Storm Drainage Improvements." 3) Authorize the City
Administrative Officer to award the contract if the lowest responsible bid is within
budget. 4) Appropriate $77,200 from the unappropriated balance of the General
Fund to the project account; motion carried 5:0.
C11. SEWER MAIN IMPROVEMENT PROJECT -RAILROAD CROSSING NORTH OF
MCMILLIAN. (File No. 704 -06)
ACTION: Moved by Ewan/Romero to approve the award to RMR and execute a
contract with RMR in the amount of $73,220 for the completion of the Sewer Main
Improvement Project: Railroad Crossing north of McMillan, Specification No.
9880A; motion carried 5:0.
C12. CONTRACT TO DELIVER ASPHALT (File No. 704 -06)
ACTION: Moved by Ewan/Romero to 1) authorize the City Administrative Officer to
approve a bid package for a contract to deliver asphalt. 2) Authorize the City
Administrative Officer to award a contract if the contract amount is within the
budget available of $98,700; motion carried 5:0.
COUNCIL LIAISON REPORTS
Because of pending agenda items, this matter was deferred. Written reports were submitted
and are part of the record as follows:
AIR RESOURCES BOARD
Council Member Ewan submitted a written report on the Air Resources Board describing a
proposal for revising the existing regulations governing agricultural burning. (Report on file
with the City Clerk).
AIR POLLUTION CONTROL DISTRICT
Council Member Ewan submitted a written report on the Air Pollution Control District
providing an update on the following issues: 1) Budget; 2) Avila Beach Remediation
Project; 3) Guadalupe Oil Field Remediation Project; 4) Enforcement and Compliance; 5)
Rules Under Consideration; 6) East County Monitoring/Transport; 7) Public Events; 8)
Office Information System (OIS); and 9) Personnel. (Report on file with the City Clerk).
C]
City Council Meeting
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Page 6
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PUBLIC HEARINGS
1. LOT LINE ADJUSTMENT WITH EXCEPTION - 2353 BUSHNELL. (File No. 203 -03)
Community Development Director Jonas presented the staff report.
Mayor Settle opened the public hearing.
Applicant Scott Lathrop was present but stated he had no further comments to add.
Mayor Settle closed the public hearing.
ACTION: Moved by Schwartz/Marx to adopt Resolution No. 8929 approving the lot
line adjustment map including minor exceptions to the Subdivision Regulations,
based on required findings and subject to conditions; motion carried 5:0.
2. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE
CONTRIBUTING LIST OF HISTORIC RESOURCES. (File No. 209 -04)
Associate Planner Hook presented the staff report.
Mayor Settle opened the public hearing.
There were no speakers.
Mayor Settle closed the public hearing.
ACTION: Moved by Romero /Ewan to adopt Resolution No. 8930 adding 24
properties to the Contributing Properties List of Historic Resources; motion carried
5:0.
This matter was deferred.
COMMUNICATIONS
BUSINESS ITEMS
3. FEE WAIVER REQUEST - CHILD DEVELOPMENT CENTER. (File No. 407 -03)
Community Development Director Jonas presented the staff report and recommendation to
deny the request.
Mayor Settle opened the meeting for public comment.
Andrea Schacht, Director of the SLO Child Development Center, provided background and
spoke in support of the request. When asked by Council Member Marx why the urgency, Ms.
Schacht reported that the center is losing their lease.
Others speaking in support of the fee waiver request included, Board President Michael
Passanell, Jai Alcon, Janice Day, and Beverly Johnson.
Mayor Settle returned discussion to the dais.
City Council Meeting
Tuesday, May 4, 1999 - 7:00 p.m.
Page 7
Council discussion followed.
ACTION: Moved by Romero /Marx to grant the request for waiver of fees based on
the points outlined in the Child Development Center letter dated 5/3/99 (on file with
the City Clerk) which includes the following eight unique circumstances (verbatim):
"1) Our program is a state funded and regulated (California State
Department of Education) non - profit program. The buildings will be
owned by the State Department of Education until we pay back our
no- interest loan. The buildings will be on county property (leased for
$1 per year). This is a quasi - governmental project.
2) We are borrowing the funds to purchase DSA approved modular
buildings from the State Department of Education. No other program
or non - profit can obtain these funds. We do not have funds to pay
fees. All of our other funds must go to services for the children and
families. We can pay a mortgage to the state, but not fees.
3) We serve City residents! Eighty -five percent of the children and
families we are currently serving are low income City residents. Our
waiting list has 145 children and their families and 98% are City
residents.
4) We bring over $450,000 annually in services to the City of San
Luis Obispo's most vulnerable children and families which will be
lost if we cannot get our building done in time.
5) We need to request your assistance to grant us an early grading
permit. The ARC is backed up until 6/21/99 and our grading must be
completed by 6/21199 in order to get our facility done in time. Please
help us with this. We must expedite the permit process as we
cannot have any days of non - operation.
6) We have had contract through City Grants -In -Aid for over 18
years and are one of the highest funded programs. We were notified
of the loss of our rented facility too late to apply for Community
Development Block Grant funds.
7) This is an opportunity for the City to make a positive statement of
commitment for children so that a Littleton, Colorado will never
happen here. That's what our prevention and intervention program
is all about. The fees you waive will return to the City many times
over as we prevent crime, violence, and victimization by helping our
children and families to lead more positive and productive lives.
8) We hope you will consider our request on its own merit and not
based on the possibility of future requests by other agencies."
Motion to grant the request based on all eight unique circumstances carried 5:0.
The applicant's were encouraged to file their application as soon as possible.
Carol Florence, Project Manager, reported that the center is working on the grading and utility
plan and is hoping to submit it next week. She commented that because the plan must go the
Architectural Review Commission, she is concerned about the timing. She requested that the
Council provide the center with an exception and approve an early grading permit.
City Council Meeting
Tuesday, May 4, 1999 - 7:00 p.m.
Page 8
Community Development Director Jonas summarized the time -line associated with the permit
processing. Council Member Marx asked if staff could outline in a memo the options available
to expedite the process. City Administrator Dunn reported that staff has no choice but to
follow the standards set forth in the ordinance.
4. CREEK WALK PUBLIC ART FUNDED BY MARY JANE DUVALL TRUST. (File No. 704-
06)
Council Member Schwartz stepped down due to a potential conflict of interest (serves as the
Trustee).
Assistant to CAO George presented the staff report and introduced Artist Sandra Johnson.
Mayor Settle opened the meeting for public comment.
Ann Ream. President of SLO Arts Council, spoke in support of the project and the process by
which it was chosen.
Mayor Settle returned discussion to the dais.
ACTION: Moved by Marx /Romero to 1) approve the design of the proposed Creek
Walk sculpture. 2) Authorize the City Administrative Officer to sign the agreement
with the sculptor in the amount of $20,000 as provided by the terms of the gift;
motion carried 4:0:1 (Schwartz refrained).
5. DRAFT PARKING AND DOWNTOWN ACCESS PLAN (PDAP) AND DRAFT
ENVIRONMENTAL IMPACT REPORT (EIR). (File No. 804 -02)
Public Works Director McCluskey provided the introduction. Principal Transportation Planner
Sanville presented a summary of the process used to develop the draft plan. Plan Consultant
Larry Patterson provided a summary of the Plan components, the rationale for the key plan
features and requisite monitoring effort. EIR Consultants Frank Sherkow and Frank Wein
summarized the process used to develop the draft and final EIR and reviewed the findings of
the impact analysis.
Break called at 9:37 p.m. The meeting reconvened at 9:53 p.m.
Mayor Settle opened the meeting for public comment.
Jack Penrod, Chair of the Chamber Economic Development Committee, encouraged the
Council to provide incentives for downtown employees to park elsewhere to allow shoppers
to park in the downtown. He asked the Council to move forward quickly with the construction
of the Marsh Street Expansion and the Palm II parking structures.
Eugene Jud. 665 Leif Street, questioned when it was that the Council gave direction to include
as a given the Marsh Street Expansion project in the EIR and shared some concerns regarding
the EIR. He urged the Council to reject the EIR and to hold public workshops regarding the
future of the downtown.
Terrence Dozier, student at Cal Poly, asked what information is available to the public and
what reassurances are there that there won't be added traffic. He encouraged the Council to
maintain the pedestrian friendly atmosphere of the downtown.
Mark Shaffer, Director of Ride -On, commented that he is disappointed that alternative
transportation is pifted against parking structures. He urged the Council to drop the "black
and white" approach and instead develop a balanced approach.
City Council Meeting Page 9
Tuesday, May 4, 1999 - 7:00 p.m.
Stephen Peterson, 2159 Beebee Street (speaking as a citizen and not a member of the
Planning Commission), opposes the plan because he believes it only pays lip service to
alternative transportation and parking reduction. He voiced concern because the Plan sets a
path for constructing four new parking structures in the downtown over a period of time. He
encouraged the Council to put the money into alternative transportation and not structures.
Keith Miller, Dana Street resident, asked the Council to fund alternative modes of
transportation and voiced concerns regarding the proposed Palm Street II parking structure.
Martha Neder, Dana Street resident, supports alternative transportation and urged the Council
to reduce vehicle traffic in the downtown.
Deborah Nicklas, Chairman of the Board SLO Chamber of the Commerce, voiced strong
support for moving forward with providing adequate parking in the downtown to maintain the
vitality of the downtown.
Shelly Stanwyck. Director of Governmental Affairs for the SLO Chamber of the Commerce,
summarized concerns regarding the triggers and suggested that they be refined. She
objected to Palm II and Court Street being subject to the implementation triggers and
suggested that the proposed Palm Street II parking structure be pursued.
Ira Winn, San Luis Obispo resident, said he opposes the Plan because it will increase traffic in
the downtown. The report is poorly written and fails to address the cultural aspect of the
downtown and the character of the adjacent neighborhoods, he added.
Drew Lepis, student at Cal Poly, remarked that increased parking will increase traffic in the
downtown. He encouraged the use of alternative modes of transportation and urged the
Council to increase the number of bicycle lanes, bicycle parking and Park & Ride
opportunities. He added that he hopes the Council will not vote to take down historic
buildings and build structures.
Mike Spangler, past president of the Downtown Parking & Access Committee, reminded the
Council that the City has spent 22 million dollars for alternative transportation to -date. He
commented that the Plan doesn't address the issue of economic viability well and urged the
Council to direct staff to include more economic information in the Plan. The new plan has
major pitfalls, he continued, including the funding mechanism. He recommended a modified
Plan that includes a plan to ensure parking funds are used only for creating additional parking
spaces. In closing, he asserted that the implementation triggers should either be eliminated
or modified to take into account the goal of keeping the downtown viable.
Deborah Holley. Administrator of the Downtown Association, stated that the number one goal
of the Association is to provide adequate parking for employees and customers in the
downtown. She urged the Council to pay attention to what people are requesting.
Doug Shaw, downtown merchant, remarked that the number one complaint of shoppers is
parking. He emphasized that parking is a problem and it needs to be addressed.
Brett Cross commented that adding more cars in the downtown core will not create a
pedestrian friendly climate and stated that he believes the Marsh Street parking garage
expansion project will negatively impact the downtown.
Mike Stanton. President of Downtown Association, proclaimed that there is room for
alternative transportation and more parking. He urged the Council to provide for both.
City Council Meeting
Tuesday, May 4, 1999 - 7:00 p.m.
Page 10
Tom Swem, current Chairman of the Downtown Parking Committee, shared frustration by the
' merchants in the downtown over whether the Marsh Street parking garage expansion project
will be built. He said they all want a fair and balanced approach.
Mayor Settle returned discussion to the dais.
Council questions to the consultants followed and lengthy Council discussion ensued.
ACTION: Moved by Schwartz/Romero to amend the Parking and Downtown Access
Plan, Section 2.3.3, to read as follows: "Structures built to consolidate existing
surface parking lots "and /or to provide required parking for specific downtown
development oroiects that. because of their scale would be likelv to cause the demand
trig-gers to be exceeded, shall be exempt from the need to meet trigger mechanism. ";
motion carried (5:0).
ACTION: Moved by Romero /Marx to direct staff to bring back suggestions for
alternative language to provide more flexibility in the trigger mechanisms; motion
carried 5:0.
ACTION: Moved by Schwartz/Romero that the City provide funding support for the
Parking Demand Reduction (PDR) program during its introductory years (3 years) and
then consider using the Parking Fund for PDR activities that demonstrate success;
motion passed 3:2 (Ewan, Marx)
ACTION: Moved by Ewan /Marx to direct staff and the consultants to organize
information that clarifies the impacts of parking garages on neighborhood and arterial
streets; motion carried 5:0.
Staff noted that the matter will come back to Council late June or early July.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 12:43 a.m. to Monday, May 17, 1999 at 7:00 p.m. for the purpose of, ducting a
budget study session in the Council Chamber, 990 Pal St et, San Luis Obisp .
Lee Price; .M. .
City Clerk
APPROVED BY COUNCIL: 5/18/99
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