HomeMy WebLinkAbout06/15/1999MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 15, 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; Associate Planner Peggy Mandeville; Ron Whisenand,
Development Review Manager; Deborah Holley, Downtown
Association Administrator
CLOSED SESSION ANNOUNCEMENTS
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property:
Negotiating Parties:
Negotiation:
This item canceled.
Morganti Property on
Los Osos Valley Road at Foothill
City of San Luis Obispo:
Neil Havlik
Property Owner Representative:
Keith George
Directions to Negotiator
CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Filiponi Property on South Higuera Street
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
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City Council Meeting Page 2
Tuesday, June 15, 1999 - 7:00 p.m.
Property Owner Representatives:
Herb Filiponi
Negotiation: Directions to Negotiator
City Attorney Jorgensen announced that Council gave further direction to the negotiator.
PRESENTATIONS
SAN LUIS HIGH SCHOOL STUDENTS - CERTIFICATES OF ACHIEVEMENT.
Mayor Settle presented certificates of appreciation for 80 hours or more of community service
to the following students: Daniel Keeling, CeCe Kramer, Deysi Perez, Katherine Peterson, Jon
Amerikaner, Allyson Bird, Heather EISayed, Kristin Guess, Jennifer Hannegan, Dominique
Kramer, Carrie McCallister, Robin Pille, Taylor Reynolds, Barbara Righetti, Nanor Sekayan,
Megan Steele, Alex Asper - Nelson, Jonathan Brown, Mike Dueck, Genevieve McLaughin,
Yvonne Siu, Victoria Wilson.
PUBLIC COMMENT
Stephen Marx requested reconsideration of a recent decision to remove a Sycamore tree in
the creek at the Santa Rosa Street bridge.
Kurt Kuooer commented in support.of,item C7 and thanked Council Member Marx and Fire
Chief Neumann for their participation in the Sari Luis Obispo County Year 2000 Action
Alliance.
Bill Storm urged the Council to provide a new senior center for the community.
CONSENT AGENDA
ACTION: Moved by Schwartz/Romero to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES
Tuesday, May 25, 1999
Tuesday, June 1, 1999
ACTION: Moved by Schwartz/Romero to waive oral reading and approve minutes as
amended; motion carried 5:0.
C2. CANCELLATION OF THE AUGUST 3RD REGULAR MEETING. (File No. 301 -03)
ACTION: Moved by Schwartz /Romero to cancel the August 3, 1999 Regular Meeting;
motion carried 5:0.
C3. WATER AND SEWER IMPROVEMENT PROJECT: JOHNSON AVENUE - ELLA TO
SOUTHWOOD, ELLA STREET - JOHNSON TO FIXILINI, SPECIFICATION NO. 99220.
(File No. 704 -06)
City Council Meeting
Tuesday, June 15,1999 - 7:00 p.m.
Page 3
ACTION: Moved by Schwartz/Romero to 1) approve plans and specifications for
"Water and Sewer Improvement Project: Johnson Avenue - Ella to Southwood, Ella
Street - Johnson to Fixilini, Specification No. 99220." 2) Authorize staff to advertise
for bids. 3) Authorize the CAO to award the construction contract if the accepted
bid plus contingencies is within the Engineer's Estimate; motion carried 5:0.
C4. APPROVAL OF AN INTER - AGENCY AGREEMENT FOR NARCOTICS TASK FORCE.
(File No. 704 -06)
ACTION: Moved by Schwartz/Romero to adopt Resolution No. 8939 to approve and
authorize the Mayor to execute an agreement for operation of the San Luis Obispo
County Narcotic Task Force from July 1, 1999 through June 30, 2002; motion carried
5:0.
C5. ADOPTION OF AN APPROPRIATIONS LIMIT FOR 1999 -00. (File No. 410 -05)
ACTION: Moved by Schwartz/Romero to adopt Resolution No. 8940 establishing the
City's appropriations limit for 1999 -00; motion carried 5:0.
C6. APPROVAL OF A REQUEST FOR PROPOSAL (RFP) FOR CONTRACT FOR COPY
SERVICES. (File No. 704 -06)
ACTION: Moved by Schwartz/Romero to approve the Request for Proposal (RFP) for
contract copy services and authorize the City Administrative Officer to award the
contract to the most responsive proposal; motion carried 5:0.
C7. Y21K PUBLIC AWARENESS CAMPAIGN. (File No. 1502 -01)
ACTION: Moved by Schwartz/Romero to approve participation in a county-wide
Y21K/disaster preparedness public education campaign in the amount of $9,300;
motion carried 5:0.
C8. THURSDAY NIGHT ACTIVITIES RULES UPDATE. (File No. 201 -03)
ACTION: Moved by Schwartz/Romero to accept the recommendations of the
Thursday Night Activity (TNA) Committee to revise the rules; motion carried 5:0.
N BUSINESS ITEMS
SPORTS FIELDS SITE ACQUISITION. (File No. 601 -06)
Parks and Recreation Director LeSaae presented the staff report.
Mayor Settle opened the meeting for public comment.
Mark Buckman and Jim Gall spoke in favor of the acquisition and extended appreciation on
behalf of the SLO Youth Sports Association.
Mayor Settle returned discussion to the dais.
ACTION: Moved by Romero /Ewan to 1) adopt Resolution No. 8941 approving a
Purchase and Sales Agreement to acquire a 23.5 acre portion of the Damon - Garcia
Ranch at a cost of $2,000,000 for the purpose of constructing sports fields. 2)
Authorize the Mayor to sign the Purchase and Sales Agreement; motion carried 5:0.
City Council Meeting Page 4
Tuesday, June 15, 1999 - 7:00 p.m.
COUNCIL LIAISON REPORTS
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG)
Vice Mayor Romero reported that the County of San Luis Obispo received a "Tranny" award
for its welfare mobility study. He also noted that the call box installation on Route 166 has
been completed. Reflective markers and temporary concrete barriers will be installed on a
section of Highway 46 between Shandon and Cholame. SLOCOG reviewed a draft route
concept report from CalTrans regarding Route 227 and discussed state highway operations.
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY ( SLORTA)
Vice Mayor Romero reported that SLORTA approved six additional morning and evening
round trips for transit from north county in connection with the Cuesta Grade widening. In
addition one reverse commute trip to Santa Maria was added.
PUBLIC HEARINGS
2. PLANNING FEE COST RECOVERY. (File No. 410 -02)
Finance Director Statler presented the staff report.
Mayor Settle opened the public hearing.
Steve Barasch, representing the San Luis Obispo Property Owners Assn., noted that
several proposed increases involve residents (i.e.: sign review, variances) and new
projects. He suggest that Council consider removing some of the new fees that impact
residents, take a look at the perception and make a public statement that this is part of
budget not simply a fee increase.
Mayor Settle closed the public hearing.
Council discussion ensued. Moved by Schwartz/Settle to adopt a resolution amending
planning fees and generally setting cost recovery at 45 %; motion failed 2:3 (Ewan, Marx,
Romero).
Moved by Marx/Ewan to raise fees to 40% cost recovery and that $135,000 be returned to
the general fund as all parking related expenses in the Parking and Downtown Access Plan
will be taken out of the parking fund. Council discussion ensued. Council Member
Schwartz noted he will oppose and clarified that the money does not come from the general
fund but from the parking fund due to parking fees. Vice Mayor Romero reported that the
City has spent $135,000 over the past two years for parking demand reduction. Council
Member Ewan spoke in favor of the motion. Council Member Marx spoke in support and
provided suggestions for parking demand reduction strategies. The motion failed 2:3
(Settle, Schwartz, Romero).
Moved by Romero /Schwartz to raise fees to 40% cost recovery. Regarding the motion CW
Administrator Dunn reported that this motion, if passed, will leave the budget un- balanced
or delay the adoption. Council Member Schwartz withdrew his second.
ACTION: Moved by MarxlSettle to adopt Resolution No. 13942 amending planning
fees and generally setting cost recovery at 45 %; motion carried 4:1 (Romero).
City Council Meeting
Tuesday, June 15, 1999 - 7:00 p.m.
Page 5
3. 1999 -01 FINANCIAL PLAN. (File No. 410 -02)
City Administrator Dunn presented an overview of the budget process.
Mayor Settle opened the public hearing. No comments. Mayor Settle closed the public
hearing.
Council comments followed. Council Member Schwartz and Vice Mayor Romero voiced
support. Council Member Manx reiterated for the record that in her opinion it is a mis -use of
general fund money for parking reduction, that funds should come from the parking
enterprise funds. Council Member Ewan agreed.
ACTION: Moved by Schwartz/Ewan to adopt Resolution. No. 8943 approving the
1999 -01 Financial Plan and 1999 -00 Budget; motion carried 5:0.
4. SUBDIVISION OF A 14.66 ACRE SITE INTO 48 SINGLE FAMILY RESIDENTIAL LOTS
AND REQUEST FOR SUBDIVISION AND STREET YARD SETBACK EXCEPTIONS AT
THE SOUTHEAST CORNER OF FULLER ROAD AND BROAD STREET, R.W. HERTEL
& SONS. APPLICANT: 166 -98 (CONTINUED FROM JUNE 1. 1999). (File No. 203 -03)
Associate Planner Peggy Mandeville presented the staff report and noted revisions to
Conditions #21 and 36. Council questions followed. Tim Walters, RRM Design Group,
responded to Vice Mayor Romero's questions regarding the detention holding pond.
Council Member Marx and Mayor Settle voiced concerns regarding traffic impacts,
particularly at the intersection of Fuller Road and Broad Street (Hwy. 227). Development
Review Manager Whisenand reported that the design of Fuller Road was reviewed by
CalTrans, who determined that there would be an acceptable level of service at that
intersection. Mayor Settle recommended prohibiting left turns onto Broad Street.
Development Review Manager Whisenand noted that staff would take the suggestion to
CalTrans.
Mayor Settle opened the public hearing.
Bob Fowler. Vice President of R.W. Hertel, addressed some of the issues raised by the
Council. He reported that he had spoken with adjacent property owners, Mr. and Mrs. Blair,
regarding alternatives for resolving the issue of the building which encroaches upon the
road easement. He noted that the Circulation Element, and the Edna/Islay Specific Plan both
show Fuller Road through to Broad Street, but indicated that he would not have any
objection to the solution suggested by the Mayor regarding the intersection of Fuller and
Broad. In addition, he indicated that he was in agreement with revisions proposed by staff
for Conditions #21 and 36.
David Wilson, 979 Goldenrod, voiced concerns regarding the quality of the construction of
homes in Willows subdivision (adjacent to proposed subdivision and built by the same
developer). In addition, he explained that he has been dissatisfied with the customer
service attitude of the developer. He urged the Council not to approve the subdivision. Cb
Attorney Jorgensen advised the Council that it cannot use construction disputes as a basis
for denial.
Joseph DePanfilis. 1000 Goldenrod Lane, also expressed concerns about the quality of
construction in the Willows subdivision. He added that he was opposed to the number of
exceptions the applicant is requesting and has additional concerns about traffic impacts at
Fuller and Broad. He urged Council to approve a project with fewer homes.
City Council Meeting Page 6
Tuesday, June 15, 1999 - 7:00 p.m.
Michael Rocchio. 984 Goldenrod, reported that during construction, crews left debris in the
creek (i.e.: paint cans, nails, fast food containers). He acknowledged that the developer has
been making a valiant attempt to resolve construction issues. He questioned the
orientation of some of the homes as proposed, noting that those similar in the Willows
subdivision look awkward.
Ray Blair. 4300 Fuller, spoke to traffic issues and expressed concerns regarding the wells
that serve him and other homes in that immediate area. He explained that the existing
building in the right -of -way belongs to him and noted that it is important to him that any
promised solutions be taken care of in a professional manner. In response to inquiry from
Vice Mayor Romero, he indicated that he is satisfied with a solution recommended by Public
Works.
Mr. Fowler provided a rebuttal and responded to additional questions from the Council.
Mayor Settle closed the public hearing and called a break at 9:46 p.m. The meeting was
reconvened at 10:00 p.m.
Lengthy Council discussion ensued regarding proposed conditions. Council Member
Schwartz suggested that the project be sent back for re -design; Council Members Marx and
Ewan concurred. City Attorney Jorgensen advised that if the Council wants to consider an
alternative design, it should continue the matter in light of application deadlines. Mr.
Fowler agreed to a continuance, but asked Council for specific direction. Individual Council
comments relative to the design followed:
• Council Member Schwartz suggested that three lots (#46, 47, 48) be eliminated, that
Goldenrod be re- aligned to minimize the need for lot depth exceptions, that the bikepath
' be moved, study given to the possibility of shifting lot lines, and that building
placement be noted on the map.
• Council Member Ewan proposed a variable front yard set -back with the garage moved
back to encourage a new urbanism design. He also suggested that the ARC look at the
design and aesthetics of the bicycle paths.
Council Member Marx requested that language be added to the conditions that would
require creek protection during construction.
• Vice Mayor Romero requested revisions to Conditions #1 and #6 to more adequately
clarify issues relating to Fuller Road construction standards and utility and street tree
easements.
ACTION: Moved by Schwartz /Settle to continue the public hearing until August 17,
1999 with direction staff to amend conditions of approval as recommended. Further
direction given to the developer and staff to refine the design of the subdivision
based on Council comments; motion carried 5:0.
5. APPEAL OF THE USE PERMIT REQUEST FOR CONVERSION OF A RESIDENCE TO
INTERMITTENT GOVERMENTAL OFFICES AND MEETING SPACE USE: 610
MONTEREY STREET (A 46 -99). (File No. 201 -11)
Associate Planner Peggy Mandeville presented the staff report.
Mayor Settle opened the public hearing.
Public Works Director McCluskev appellant, provided the history of the property and prior
Council actions.
City Council Meeting
Tuesday, June 15, 1999 - 7:00 p.m.
Page 7
David Jeffries, representing the Planning Commission, summarized the concerns
expressed by the Commission resulting in their recommendation to deny the use permit.
Mary Mitchell Leitcher objected to the use permit because of the impact it will have on
conceptual plans to build a parking garage at that location. She stated that the community
will be better served if the City will move forward with the plan for the property as included
in the Downtown Physical Conceptual Plan.
Nancy Howard Scott . Operations Manager for County Museum, stated that she was
promised the space for temporary storage during the Museum rehabilitation project and
hopeful that Council would allow her to move ahead.
Brett Cross. 1217 Mariner's Cove, commented that the General Plan designates the property
as Office, while the Downtown Concept Plan implies a cultural and /or historical use. He
observed that a General Plan amendment changing the zoning from Office to Public may be
necessary in order to accommodate the multiple uses anticipated by the Downtown
Concept Plan and argued that the proposed use of the property should be considered a
project under CEQA guidelines because it may have a significant effect on the environment.
Mayor Settle closed the public hearing.
Council Member Marx passed out copies of the Land Use Element (page 57) and voiced
concern that the Downtown Concept Plan has not been adopted and yet it is superseding
the General Plan.
Council Member Ewan expressed opposition to the use permit because he believes the
house should remain residential.
Council Member Schwartz noted that no family had been displaced and commented, for the
record, that 28-30 homes are currently being built on Brizzolara Street, which will replace
housing lost in the downtown. He added that the Palm li Garage calls for thirty -four condo
units, as well.
Vice Mayor Romero explained that Council had previously agreed to a temporary use by the
County Historical Museum and suggested that they be allowed to move forward. He
proposed the house be used for housing and office.
ACTION: Moved by Ewan /Marx to adopt Resolution No. 8944 denying the appeal.
Direction given to staff to return with a plan for mixed use of housing and office.
Affirmed previous Council approval for use of the building by the County Historical
Museum as temporary storage; motion carried 4:1 (Schwartz).
COMMUNICATIONS
Mayor Settle announced that three appeals have been filed with the Community Development
Department regarding the Child Development Center application. ACAO Hamoian noted that
representatives from the Child Development Center are planning to work with the appellants
to try to alleviate concerns.
ACAO Hamoian reported that the County Board of Supervisors will hear the appeal of the
decision by the Subdivision Review Board regarding Froom Ranch on July 6th. Also on July
8th the County Planning Commission will consider the Eagle Hardware plan. '
City Council Meeting Page 8
Tuesday, June 15, 1999 - 7:00 p.m.
Council Member Schwartz expressed concern regarding the impact of electronic commerce
' on San Luis Obispo's economy.
BUSINESS ITEMS (continued)
6. TILE MOSAIC MURALS ON SAN LUIS CREEK RETAINING WALLS IN MISSION
PLAZA. (File No. 704 -06)
Assistant to CAO George and Downtown Association Administrator Holley provided the
staff report.
Mayor Settle opened the meeting for public comment.
Ann Ream. President of the SLO County Arts Council and Chair of the Art in Public Places
Committee, voiced concern about the cloudiness of issues surrounding public and private
funding. She spoke in support of the concept and expressed a hope that the process will go
smoothly.
Mayor Settle returned discussion to the dais.
Individual Council comments followed. Council Member Marx stated she would prefer to see
something more traditional, in keeping with the design of the Mission, to scale and in a tone
that fits with the natural environment. She added that she would also like to see a Request
for Proposal process for selection of the artists. Vice Mayor Romero concurred and noted
that while he supports the concept, he wants Council to have some firm control.
Council Member Schwartz showed some slides taken in other locations to demonstrate the
concept of applied mosaic murals. He expressed concerns regarding the mechanics of the
project and suggested that a committee be formed to examine the concept. He proposed
that the make -up of the committee include two members of the art community and others
as outlined in his memo (on file with the City Clerk). Council Member Ewan agreed and
noted that he believes that the positive advantage of having just the two artists will be
continuity in the project.
Council Member Marx stated she would be more comfortable looking at the whole
downtown to determine the best location for murals. She stated she is uncomfortable with
the narrow scope and would support the project in concept looking at it for the whole
downtown.
Mayor Settle supports providing conceptual approval of the project and bringing it back for
further discussion.
ACTION: Moved by Marx /Schwartz to defer conceptual approval and refer the
concept to an ad hoc committee to be organized by Assistant to CAO George as
suggested by Council Member Schwartz in his memo, to develop guidelines for the
project and bring back a more comprehensive recommendation for Council
consideration; motion carried 3:2 (Ewan, Settle).
Discussion ensued regarding the intent of the motion. It was clarified that the committee's
charge is to determine if this concept is suitable for art in the creek, and if so, to determine
scale, placement, etc. Downtown Association Administrator Holley emphasized that the
Downtown Association will not continue to be the conduit for the funding mechanism for this
project, given Council's action.
City Council Meeting
Tuesday, June 15, 1999 - 7:00 p.m.
Page 9
There being no further business to come before the City Co ncil, Ma or S le a journed the
meeting at 11:52 p.m. to Tuesday, July 6,1999.a 4 00 p.m.. th. ou c' Cham er, 990 Palm
Street, San Luis Obispo.
Lee Prig,
City Clerk
APPROVED BY COUNCIL: 7120199
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