HomeMy WebLinkAbout05/18/1999MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 18, 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
PRESENTATIONS
NATIONAL MANAGEMENT ASSOCIATION "MANAGEMENT WEEK IN AMERICA." Presented
to Karen Jenny, President, SLO Chapter of NMA.
"PUBLIC WORKS WEEK" CELEBRATION Presented to Mike McCluskey, Public Works
Director.
CLOSED SESSION ANNOUNCEMENT
1. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (15 Minutes)
Pursuant to government Code § 54956.8
Property: 1016 Walnut Street
Negotiating Parties: City of San Luis Obispo:
Capt. Topham
Property Owner Representative: Phillip Craig
Negotiation: Whether to Negotiate /Acquire
City Attorney Jorgensen reported there was no action.
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City Council Meeting
Tuesday, May 18, 1999 - 7:00 p.m.
2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (20 Minutes)
Pursuant to govemment Code § 54956.8
Property: Ah Louis Store, 880 Palm Street
Negotiating Parties: City of San Luis Obispo:
John Dunn
Property Owner Representative:
Howard Louis
Negotiation: Whether to Negotiate /Acquire
City Attorney Jorgensen reported there was no action.
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3. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS (20 Minutes)
Pursuant to Govemment Code § 54956.8
Property: 3650 Sacramento Street
Negotiating Parties: City of San Luis Obispo
Mike McCluskey
Property Owner Representative:
Charles Senn
Negotiation: Whether to Negotiate /Acquire
City Attorney Jorgensen reported there was no action.
4. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS (20 Minutes)
Pursuant to Government Code § 54956.8
Property: Morganti Property on Los Osos Valley Road at Foothill
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
Property Owner Representative:
Keith George
Negotiation: Whether to proceed with negotiations
City Attorney Jorgensen reported there was no action.
City Council Meeting
Tuesday, May 18, 1999 - 7:00 p.m.
5. CONFERENCE REGARDING PROPERTY NEGOTIATIONS (15 Minutes)
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 reported no action taken.
6. CONFERENCE WITH LABOR NEGOTIATOR (15 Minutes)
Pursuant to Government Code § 54957.6
Page 3
Agency Negotiator: Wendy George /Bill Avery
Employee Organization: San Luis Obispo
International Association of Firefighters, Local 3523
City Attorney Jorgensen reported there was no action.
PUBLIC COMMENT
Mila Viyovich -La Barre. San Luis Obispo High School, Co- Director of the 24 -Hour Relay,
announced plans for this year's event and expressed appreciation to the Council for their
participation.
Rick Fabrick reminded the Council that the Human Relations Commission made two
recommendations to the City Council regarding the Boy Scouts of America lease agreements.
Brett Cross suggested that the Council rent for residential use the City -owned property
located at 610 Monterey.
Norman Haese, 955 Monterey Street, requested that the City Council improve overhead street
lighting.
CONSENT AGENDA
Council Member Marx pulled Items #C2, C3, and C7. Council Member Schwartz pulled Items
#C5 and C8. Mayor Settle pulled Item #C4 and noted that staff had requested that Item #9 be
continued to June V.
C1. COUNCIL MINUTES
Tuesday, April 20,1999
Tuesday, May 4, 1999
Council Member Marx requested a correction to the Minutes of 4120199.
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City Council Meeting
Tuesday, May 18, 1999 - 7:00 p.m.
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ACTION: Moved by Romero /Schwartz to waive oral reading and approve minutes as
amended; motion carried 5:0.
C2. APPROVAL OF PLANS AND SPECIFICATIONS FOR SANTA ROSA STREET BRIDGE
REPLACEMENT PROJECT, SPECIFICATION NO. 93 -44F. (File No. 704 -06)
This matter was pulled for discussion. Council Member Schwartz commented that he
considers this project a good one for utility under - grounding and asked what action can
Council take to get under - grounding in the block between Pacific and Marsh. Public Works
Director McCluskev reported that the Council has an adopted priority list for under -
grounding and suggested that the Council amend the list to include this project.
ACTION: Moved by Schwartz/Romero to direct staff to create a mini under -
grounding district from Pacific to Marsh to extend to SR under - grounding district
and to come back with a resolution; motion carried 5:0.
Public Comment:
Jim Lopes, 2230 Exposition Drive #30, voiced concern about the proposed removal of a
Sycamore tree in the downstream side of the creek and urged the Council to consider an
alternative design that would allow the tree to remain, and to further enhance the creek by
adding a bench and additional street trees. He:submitted an optional design for the bridge
that would result in maintaining the tree (on file with the City Clerk).
Brett Cross suggested that the public be notified ahead of time about the tree removal in
order to educate the public about how much effort went into saving the tree.
—end of public testimony —
Civil Engineer Peterson reported that great effort by staff and the consultant went into
designing the project with the saving of the tree in mind. The bridge foundation will
significantly undercut the roots of the tree and the tree is not likely to survive due to the
construction, he said. City Administrator Dunn emphasized the impacts if the project is
delayed to re- design it.
Council Member Schwartz suggested that staff include street trees in the project Council
Member Manx commented that she will not support the recommendation because she
believes more could have been done to save the tree.
ACTION: Moved by Schwartz/Romero to 1) approve plans and specifications, for
"Santa Rosa Street Bridge Replacement Project, Specification No. 9344F." 2) Direct
staff to include street trees in the project. 3) Authorize staff to advertise for bids
and authorize the City Administrative Officer to award the contract if the lowest
responsible bid is within the Engineer's estimate. 4) Authorize the City
Administrative Officer to execute an amendment to the agreement with Quincy
Engineering to provide construction engineering. 5) Appropriate $93,300 from the
unappropriated balance of the General Fund and $170,800 in grant revenue and
move it to the Santa Rosa Street Bridge construction account; motion carried 4:1
(Marx).
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C3. CREEK WALK PLANS AND SPECIFICATIONS. (File No. 704 -06)
This matter was pulled for questions and Council discussion.
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ACTION: Moved by Romero /Ewan to 1) approve plans and specifications for the
"San Luis Obispo Creek Walk, Specification No. 9028." 2) Authorize staff to
advertise for bids. 3) Authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within the Engineer's estimate. 4)
Appropriate an additional $97,000 from the un- appropriated balance of the General
Fund to fully cover project construction costs; motion carried 5:0.
C4. SURPLUS CITY PROPERTY. (File No. 601 -03)
This matter was pulled for discussion. Mayor Settle encouraged staff to hold onto
specialized equipment, like the backhoe, for back -up. City Administrator Dunn suggested
approval and staff will re -look at the usefulness of the backhoe.
ACTION: Moved by Settle /Ewan to adopt Resolution No. 8931 declaring equipment
as surplus property; motion carried 5:0.
C5. CAL POLY ANNEXATION FISCAL IMPACT STUDY. (File No. 208 -03)
ACTION: Moved by Schwartz /Ewan to continue the matter for 90 days and direct
staff to seek participation by Cal Poly in the cost of the study; motion carried 5:0.
C6. PARKING GARAGE EQUIPMENT UPGRADE FOR Y2K COMPLIANCE. (File No. 704-
06)
ACTION: Moved by Romero /Schwartz to 1) approve a request for proposals (RFP)
for parking garage equipment upgrade. 2) Authorize soliciting of proposals. 3)
Authorize the City Administrative Officer to award the contract if the selected
proposal is within the Engineer's cost estimate of $200,000. 4) Appropriate
$200,000 from the unreserved parking fund working capital balance in order to fully
fund the Engineer's estimate; motion carried 5:0.
C7. PURCHASE OF MISSION MEDICAL PROPERTY. (File No. 601 -06)
Council Member Marx remarked that she had pulled this item to vote in opposition because
she feels the Marsh Street Expansion project is being rushed. She added that people in the
neighborhood are intimidated by the project and haven't received the promised detail of the
project as expected. She asserted that the Marsh Street Parking Structure should be
included in the Downtown Parking & Access Plan to allow for better planning. Public
Works Director McCluskev reported that the consultant's scope of work includes meeting
with the neighborhood, but that step is a few months down the road. He summarized the
many Council actions taken to -date.
Council Member Ewan stated that he, too, will vote no because of his continued concern
that there will be negative traffic impacts as a result of constructing the structure in this
location.
ACTION: Moved by Romero /Schwartz to 1) authorize the purchase of property
located at the rear of 870 Pacific Street for $243,000. 2) Authorize the City
Administrative Officer to sign purchase documents and the deed. 3) Appropriate
$217,000 from the unreserved parking fund balance for the land purchase; motion 1
carried 3:2 (Marx, Ewan).
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City Council Meeting Page 6
Tuesday, May 18,1999 - 7:00 p.m.
C8. OPERATIONAL IMPROVEMENTS TO ROUTE 227 (SOUTH STREET) BETWEEN
HIGUERA AND BEEBEE STREETS. (File No. 704 -06)
In response to inquiry by Council Member Schwartz. Public Works Director McCluskev
reported that CalTrans does not plan on planting the median.
ACTION: Moved by Settle /Romero to authorize the City Administrative Officer to
execute a cooperative agreement with CalTrans to provide funding assistance to
widen a segment of South Street (State Route 227) with the amount not to exceed
$50,000; motion carried 5:0.
C9. SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION MEMORANDUM OF
AGREEMENT. (File No. 509 -04)
ACTION: Continued at the request of staff to June 1, 1999.
COUNCIL LIAISON REPORTS
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG)
Vice Mayor Romero reported on the Census and the importance of an accurate count. He also
indicated that the Cuesta Grade Project is scheduled to begin in August of 1999. Additionally,
he noted that plans to improve Highway 46 are being accelerated due to the recent number of
deaths. (Written report on file with the City Clerk).
PERFORMING ARTS CENTER FACILITY COMMITTEE
Vice Mayor Romero summarized his report on the Performing Arts Center Facility Committee.
He reported that the committee is recommending hiring a consultant to study all aspects of
the sound conditions. The parking structure earthwork is largely complete. The committee
has also received a report on two alternative improvements to the Spanish ceiling in the
entries of the main hall. (Written report on file with the City Clerk).
INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA)
Vice Mayor Romero informed Council that worm bins are available at Farm Supply on Tank
Farm Road. He gave an update on the Material Recovery Facility at Cold Canyon Landfill. It is
expected that this facility will be operational by late fall 1999. (Written report on file with the
City Clerk).
PUBLIC HEARINGS
APPEAL OF SIDEWALK IMPROVEMENTS AT 1480 ELLA STREET: JUDY PHILBIN.
APPLICANUAPPELLANT. (File No. 201 -11)
Council Member Ewan stepped down due to a potential conflict of interest (serves as the
consultant to the applicantlappellant on the remodel project subject to this appeal).
Public Works Director McCluskev provided the staff report and recommendation to deny the
appeal.
Mayor Settle opened the public hearing.
City Council Meeting Page 7
Tuesday, May 18, 1999 - 7:00 p.m.
Judy Phibin, appellant, spoke in support of the appeal and argued that installation of the
sidewalks is unnecessary. She requested an exemption on both frontages and, further, that
the sidewalks be deferred until such time as they would be an asset.
Richard Mason, 1973 Fixlini, spoke in support of the appeal and agrees that sidewalks are
unnecessary.
Robert Seeley, 2001 Fixlini, agrees no sidewalks are necessary.
Mayor Settle closed the public hearing.
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 8932, as modified, by
granting a deferral on Fixlini only, subject to the future determination by the Public
Works Department when there is a need; motion carried 3:1:0 (Settle no, Ewan
refrained due to potential conflict of interest as stated).
Council also directed staff to: 1) participate in the cost of a handicap ramp at Fixlini
and Ella, and 2) complete sidewalk improvements on Ella in the next fiscal year.
2. APPEAL OF PLANNING COMMISSION DECISION OF A SETBACK EXCEPTION AT
1734 ALTA: MATT WALL, APPLICANT /DIERDRE STULL AND ARASH PADIDAR,
APPELLANTS. (File No. 201 -11)
Community Development Director Jonas presented the staff report.
Mayor Settle opened the public hearing.
Edwin Rambuski, attorney representing the appellant, submitted a packet in support of the
appeal and outlining seven alternatives (on file with the City Clerk). He reported that the
parties have participated in mediation and have not been able to reach an agreement about
how to resolve the issues. He provided points in support of the appeal and, in response to
inquiry from the City Attorney, indicated that he would support Draft Resolution #B
included in the staff report.
Dierdre Stull, appellant, voiced concerns regarding privacy issues in support of her appeal.
Mike Wilson. 1730 Alisal Street, spoke in opposition to the appeal and in support the
application.
Joseph Schwartz, 1750 Alta, spoke in favor of the project as proposed and voiced distress
over the conflict between his neighbors.
Matt Wall, applicant, presented overhead transparencies demonstrating a screen /fence
alternative. He reported that during mediation the two property owners agreed to share the
costs for the design, construction and maintenance of a screen. The appellant now wants a
solid fence, he added, and noted that he objects to that alternative. He concluded by
emphasizing that he is willing to make any reasonable accommodation and urged the
Council to approve the alternative he has presented. Mr. Wall submitted a letter from Jack
and Peggy Knobloch, 1715 Alta Street, in support of the project as proposed (on file with
the City Clerk).
Mayor Settle closed the public hearing.
ACTION: Moved by Ewan /Settle to adopt Resolution No. 8933 upholding the appeal 1
thereby denying the use permit for a proposed project located a 1734 Alta Street;
motion carried 4:1 (Romero).
City Council Meeting Page 8
Tuesday, May 18, 1999 - 7:00 p.m.
3. INTRODUCTION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE BUILDING
AND FIRE CODES. (File No. 1503 -06 and 205-05)
Chief Building Official Baasch and Fire Marshall Drake presented the staff report and
summarized the key changes to the codes.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
Council Member Ewan asked questions relevant to the elimination of certain language in the
code regarding solar heating. Council Member Ewan voiced objection to losing the ability
to install solar systems in condominiums. Chief Building Official Baasch noted that the
installation of a solar system are not prohibited, can be installed and are subject to other
development application requirements. Council Member Ewan wants to see the installation
of piping in all condominiums so that it is there for the use if the owner wants to put one in.
Chief Building Official Baasch observed that there might be a better place to put the
language rather than in the zoning ordinance and suggested that staff can come back with
an ordinance revision in the very near future. He recommended that, in order to avoid delay
and to stay in step with State Codes, that the Council proceed with the introduction of the
ordinance as proposed.
ACTION: Moved by Romero /Settle to introduce Ordinance -No. 1353 to print
repealing Chapters 15.04, 15.08, 15.20 and 15.24 creating new Chapters 15.02, 15.04,
and 15.08 adopting the 1998 editions of the California Building, Mechanical,
Plumbing, Electrical, and Fire Codes, the 1997 edition of the Uniform Administrative,
Housing, Dangerous Building, Building (Volume 3), and Fire (Volume 2) Codes, and
the 1997 edition of the Uniform Code for Building Conservation, with amendments;
motion carried 5:0.
ACTION: Moved by Ewan /Schwartz to direct staff to bring back an ordinance
revision relating to solar system installation in condominium projects within sixty
days; motion carried 5:0.
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PRESENTATION
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) PRESENTATION OF CUESTA
GRADEIMPROVEMENTS.
Steve Devencenzi. SLOCOG, and Kathy DiGrazie, Project Manager from CalTrans presented
an overview of the Cuesta Grade improvement project and responded to questions from
Council.
COMMUNICATIONS
None.
BUSINESS ITEM
4. REDEVELOPMENT AGENCY FEASIBILITY STUDY (CONTINUED FROM APRIL 6.
1999. (File No. 704 -06)
Finance Director Statler and ACAO Hamoian presented the staff report.
Mayor Settle opened the meeting for public comment. There were no public comments.
Mayor Settle returned discussion to the dais.
Council discussion ensued. Mayor Settle, Vice Mayor Romero, Council Member Schwartz and
Council Member Ewan expressed no interest in pursuing redevelopment. Council Member
Marx commented that she finds the 20% set aside for affordable housing component
attractive and was hopeful Council would be more interested in discussing the concept.
ACTION: Moved by Romero /Ewan to not proceed with forming a redevelopment
agency; motion carried 5:0.
There being no further business to come before the City Council, Ma
meeting at 11:50 p.m. to Wednesday, May 19, 1999 at 7:00 p.m. in the
Palm Street, San Luis Obispo. /% /-
Lee Price,
City Clerk
APPROVED BY COUNCIL: 6/1/99
LP:dr
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