HomeMy WebLinkAbout09/07/19991
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 7, 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; John Shoals, Associate Planner; Karen Jenny, Risk
Manager; Glen Matteson, Associate Planner; Jeff Hook, Associate
Planner; Peggy Mandeville, Associate Planner; Ron Munds, Solid
Waste Coordinator
CLOSED SESSION ANNOUNCEMENTS
CONFERENCE WITH LEGAL COUNSEL
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
Property Owner Representatives:
Herbert Filipponi
Negotiation: Whether to Proceed with Negotiations /Acquire
City Attorney Jorgensen reported that the Council authorized further negotiations.
CONFERENCE WITH LEGAL COUNSEL
REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Union Pacific Railroad Property on Stenner Creek Road
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
City Council Meeting Page 2
Tuesday, September 7,1999 - 7:00 p.m.
Property Owner Representatives:
Ted Stenstrom
Negotiation: Whether to Proceed with Negotiations /Acquire
City Attorney Jorgensen reported that the Council authorized further negotiations.
CONFERENCE WITH LEGAL COUNSEL
REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Cheda Trust Property at 1095 Marsh Street
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
Property Owner Representatives:
Chris Guenther
Negotiation: Whether to Proceed with Negotiations /Acquire
City Attorney Jorgensen reported that the Council authorized further negotiations.
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
Pursuant to Government Code § 54956.9
Name of Case: Steve Smith v. City of San Luis Obispo
City Attorney Jorgensen reported that the Council met in closed session on this item.
PUBLIC COMMENT
Josephine Malone. 1136 Buchon, read her statement entitled, "Chancery" regarding her fight
for equitable treatment toward women in advertising.
Hank Freeman referenced a letter he wrote to Mayor Settle dated August, 28,1999 regarding
an action by the San Luis Obispo Housing Authority and requested a response. City Attorney
Jorgensen advised that the City has no review or enforcement authority over Housing
Authority matters.
Laura Hutson cited recent hate crimes and requested that the Council place an anti -
harassment ordinance on a near future agenda.
Hank Alberts voiced his disapproval of recent Council action to extend the City's lease
agreement with the Boy Scouts of America.
Gary Fowler commented in support of the Boy Scouts of America, as an organization, and
asked Council to avoid letting isolated events in other cities affect the relationship between
the City and the local Boy Scouts of America.
Robert Lewin, 1336 Pismo Street, voiced concern that the new concrete island at
Johnson/Buchon is a traffic hazard.
City Council Meeting
Tuesday, September 7, 1999 - 7:00 p.m.
Page 3
CONSENT AGENDA
' ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. COUNCIL MINUTES
Tuesday, July 20, 1999
Tuesday, August 17, 1999
ACTION: Moved by Romero/ Ewan to waive oral reading and approve minutes as
revised; motion carried 5:0.
C2. CITY COUNCIL CHAMBER CABLECASTING SYSTEM.
ACTION: Moved by Romero/Ewan to 1) approve Request for Proposals for City
Council Chamber Cablecasting System. 2) Authorize soliciting of proposals. 3)
Authorize contract award by the City Administrative Officer if the lowest responsible
proposal is within the consultant's cost estimate of $95,000; motion carried 5:0.
C3. USE OF DOWNTOWN ASSOCIATION FUND BALANCE.
ACTION: Moved by Romero/ Ewan to appropriate $2,993 from the Downtown
Association fund balance to cover unanticipated expenditures for the 1998 -99 fiscal
year; motion carried 5:0.
C4, FINAL PASSAGE OF AN ORDINANCE APPROVING A NEW PRELIMINARY
DEVELOPMENT PLAN FOR THE PROPOSED REDEVELOPMENT OF THE CENTRAL
COAST MALL SITE (PD 87 -99): 321 MADONNA, MBK APPLICANTS.
ACTION: Moved by Romero/ Ewan to grant final passage to Ordinance No. 1355,
approving a negative declaration of environmental impact, and approving a
preliminary development plan for property located at 321 Madonna Road, based on
findings, and with conditions, mitigation measures, and code requirements; motion
carried 5:0.
C5. FINAL PASSAGE OF AN ORDINANCE AMENDING THE SITE'S C -CS ZONING AT 791
ORCUTT ROAD R 62-99).
ACTION: Moved by Romero/ Ewan to grant final passage of Ordinance No. 1354;
motion carried 5:0.
C6. TOURISM PROMOTION CONTRACTS.
ACTION: Moved by Romero/ Ewan to approve the following agreements related to
tourism promotion recommended by the Promotional Coordinating Committee and
authorize the Mayor to sign them: Advertising - Barnett Cox & Associates (99/00
$151,100 and 00/01 $154,600), Tourist Information Activities - SLO Chamber of
Commerce (99/00 $74,436 and 00101 $76,669), Promotional Services - SLO Chamber
of Commerce (99/00 $36,400 and 00/01 $37,500), and Visitors and Conference
Services - Visitors and Conference Bureau (99/00 $62,200 and 00101 $64,100);
motion carried 5:0.
C7. AMENDMENT TO THE URBAN COUNTY COOPERATION AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR FEDERAL GRANT PROGRAM YEARS 2000
THROUGH 2002.
City Council Meeting
Tuesday, September 7, 1999 - 7:00 p.m.
Page 4
ACTION: Moved by Romero/ Ewan to adopt Resolution No. 8960 approving the
amendment and authorizing the Mayor to sign the amendment to the City; motion
carried 5:0.
C8. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS.
ACTION: Moved by Romero/ Ewan to adopt Resolution No. 8961 authorizing staff to
complete and submit an application for grant monies in the amount of $100,000
from the State Habitat Conservation Fund (HCF), which would be used in support of
the acquisition of the Foster property in the Irish Hills at the end of Royal Way;
motion carried 5:0.
APPOINTMENT
Al. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE VOTING
DELEGATEIALTERNATE.
ACTION: Moved by Schwartz /Ewan to designate Mayor Settle as voting delegate
and Vice Mayor Romero as alternate to the League of California Cities Annual
Conference; motion carried 5:0.
L�
COUNCIL LIAISON REPORTS
CHANNEL COUNTIES DIVISION
Vice Mayor Romero reminded Council Members of the September 10, 1999 Channel '
Counties Division meeting in Ventura.
PUBLIC HEARINGS
APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S DECISION (ARC 11 -99) TO
APPROVE AN AFFORDABLE HOUSING PROJECT AT THE EASTERLY END OF
PISMO AND BUCHON STREETS, ADJACENT TO THE UNION PACIFIC RAILROAD
RIGHT -OF -WAY. 1330 AND 1363 PISMO STREET, HOUSING AUTHORITY -
APPLICANT & APPELLANT: EVELYN_TALMADGE. PETER STERIOS. AND RICK
HAMLIN -APPELLANTS.
Associate Planner Shoals presented the staff report.
Mayor Settle opened the public hearing.
Rick Hamlin, appellant, presented points in support of his appeal. He expressed concern
about the impact of the proposed project to his privacy and pointed out that there are two
windows that will provide a direct view into his home. He presented an alternative plan for
consideration (on file with the City Clerk).
Peter Sterios, appellant (representing the Pismo /Johnson Neighborhood Association),
summarized comments submitted in his letter to the Council dated 8131199 (on file with the
City Clerk). He reported that the Association, who is concerned for the health of an existing
oak tree, hired an arborist to access the situation. The arborist believes, he continued, that
the proposed building will severely impact the life of the tree. The appellant raised other
issues of concern to the neighbors that include parking, noise, traffic, and pedestrian and
vehicular circulation. In addition, he displayed a copy of letter by Tom Martin, Controller for
City Council Meeting
Tuesday, September 7,1999 - 7:00 p.m.
Page 5
San Luis Garbage, who expresses concern about access for collection. In closing, Mr.
Stenos presented a list of seven (7) recommended design changes (on file with the City
Clerk) and noted that the Association is in agreement with Rick Hamlin's alternative design.
The following neighbors spoke in favor of the alternative design presented:
Rob Lewin. 1336 Pismo Street
Owen Betts, 1352 Pismo Street
Marlie Schmidt. 1336 Pismo Street
Ginny Griffin. 1436 Johnson
Linda Shotwell. 1418 Johnson
Nathan Strong, 1353 Pismo Street, suggested the addition of a traffic light at the
intersection of Buchon and Johnson.
Jim Aiken, Chairman of the Architectural Review Commission, responded to Council
questions regarding the Commission's review of the proposed project and the alternative
design suggested by Rick Hamlin.
Brian Starr representing the applicant/appellant (San Luis Obispo Housing Authority),
addressed individual concerns expressed by the neighbors. He emphasized that to make
the project feasible, 11 units are needed and commented that the alternative plan presented
eliminates porches, a critical design feature. He argued that the neighborhood is
appropriately zoned for the density proposed, that issues of privacy and separation should
not be placed on one property, and that the applicant will meet all noise mitigation
requirements. In response to inquiry from Council Member Schwartz. Mr. Starr reported
that plans to exit traffic on Pismo were based upon discussions with Engineering staff.
Council Member Schwartz suggested that traffic exit onto Buchon Street. Public Works
1 Director McCluskev demonstrated traffic accident history for the neighborhood to support
staffs recommendation.
George Moylan, applicant/appellant (San Luis Obispo Housing Authority), summarized the
background and spoke to the merits of the project. He commented that the concerns of the
neighborhood were taken into consideration as part of the design process. In response to
inquiry from Council Member Ewan. Mr. Moylan reported that access for trash collection will
not be a problem as each unit will have an individual waste hauler to place at the curb. He
emphasized that the Housing Authority is not asking for anything unique in density and
argued that the occupancy and number of cars per unit will not be what others have
implied.
Mayor Settle closed the public hearing.
Lengthy Council discussion followed. By mutual agreement, the Council identified the
following issues of concern:
• Explore moving the three unit building southerly out of the dripline of the Oak tree on
the adjoining property to minimize impact on the Oak tree.
• Consider the privacy issue raised by one neighbor (Rick Hamlin).
• Consider other alternatives for improved parking (ideas included "double loading" and
replacing the parking spaces, if possible, that were removed during the ARC process)
• Show a vehicular turnaround on the property at the end of Buchon Street.
• Show the connection for the bicycle path through the property from the end of Buchon
Street onto the railroad property.
• Maintain all 11 units, as proposed.
There was a motion made by Ewan, seconded by Marx to send the matter back to the
Architectural Review Commission (ARC) for further refinement based upon the comments
City Council Meeting Page 6
Tuesday, September 7,1999 - 7:00 p.m.
made by the Council. Community Development Director Jonas advised that a delay of two to
three months would be expected if the Council were to refer the matter back to the ARC
given the present work load of the commission and staff. He commented that the Council's
concerns were clear and proposed that the Council give direction to the applicant to work
with staff on revising the plan accordingly. The motion was withdrawn.
Vice Mayor Romero pointed out that Condition #11 in the resolution is redundant. There
was agreement to remove that condition from the resolution.
ACTION: Moved by Ewan /Marx to continue the matter to a date uncertain with
direction to staff to work with the applicant to address design issues raised by the
Council; motion carried 5:0.
2. CONSIDERATION OF LEASE VIOLATIONS AT 45 PRADO ROAD, THE RALCCO
BUYBACK CENTER.
Utilities Director Moss and Solid Waste Coordinator Munds presented the staff report and
recommendations. It was reported by staff that since the preparation of the staff report, there
have been additional violations of the lease agreement. Those additional violations include
late rent payments, company ownership and insurance implications, the issuance of a
stipulated order and the company's environmental record. Staff does not feel that the
response by Ralcco is responsive. Utilities Director Moss demonstrated the other existing
buyback locations for consideration should the Council decide to terminate the lease.
Mayor Settle opened the public hearing.
Sarah Gainor representing Laguna School Middle School ASB, urged the Council to keep
the buyback center at this location as recycling is an important fundraiser for the school.
Greg Shipley. Ralcco, addressed individual issues raised in the City's notice as well as new
issues raised by staff. He reported that a recent fire caused damage to the accounting
system, which resulted in a late rent payment. In response to inquiry from Council Member
Marx, he noted that Ralcco's fictitious business name has been abandoned. It was not clear
by his response whether the company is now owned by Aslanidis Corporation or Market
Target Research.
Mayor Settle closed the public hearing.
Vice Mayor Romero commented that the recycling center operations has been a problem for
a number of years. He said he was not in favor of the staff recommendation and would
support the alternative recommendation to terminate the contract. He suggested that the
City revise the specifications and get a "first class" operator for the recycling center.
Council Member Marx suggested that the Council change "Ralcco" to 'lessee" given the
fact that the fictitious business name for Ralcco has been abandoned and ownership still
remains unclear.
ACTION: Moved by Ewan /Marx to 1) direct "Lessee" to correct all currently noticed
violations of the lease agreement as outlined by staff and report status of all
corrective actions to the Utilities Director. 2) Require "Lessee" to remove all
equipment and debris not being utilized by or related to the buyback operation
immediately. 3) Require "Lessee" to submit a plan, for Council approval, to
improve the site's overall condition, including a timeline for completion. 4)
Authorize the Utilities Director to terminate the lease if any future violation of the
terns and conditions of the lease occurs, in accordance with the Termination for
City Council Meeting
Tuesday, September 7, 1999 - 7:00 p.m.
Page 7
Cause and Enforcement sections of the lease, or if "Lessee" fails to meet the site
1 improvement timeline established by Council; motion carried 4:1 (Romero).
Utilities Director Moss noted that staff will articulate to Mr. Shipley just how he can correct
the violations.
3. RESOLUTION OF INTENTION AND INTRODUCTION OF AN ORDINANCE TO
IMPLEMENT LEVEL 41959 SURVIVOR BENEFIT AND MILITARY SERVICE AS
PUBLIC SERVICE FOR POLICE MEMBERS OF CALPERS.
Risk Manager Jenny presented the staff report and recommendations.
Mayor Settle opened the public hearing. There were no public comments.
Mayor Settle closed the public hearing.
ACTION: Moved by Marx/Romero to 1) adopt Resolution No. 8962 and introduce
Ordinance No. 1356 approving an amendment to the contract between the Board of
Administration of PERS and the City of San Luis Obispo to provide the fourth level
of the 1959 survivor Benefits and military service credit as public service for Police
safety members. 2) Approve an agreement between the Board of Administration of
PERS and the City of San Luis Obispo to pool 1959 Survivor Benefits assets and
liabilities; motion carried 5:0.
4. CULTURAL HERITAGE COMMITTEE NOMINATION OF PROPERTIES TO THE
CONTRIBUTING LIST OF HISTORIC RESOURCES.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Schwart7JRomero to adopt Resolution No. 8963 adding 28
properties to the Contributing Properties List; motion carried 5:0.
BUSINESS ITEMS
5. CONSIDERATION OF A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TRACT MAP NO. 2134 AT 953 ORCUTT ROAD (TR 220 -92).
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Romero /Ewan to adopt Resolution No. 8964 approving the
requested one -year time extension for filing the final map for Vesting Tract map No.
2134 (TR 220 -92), subject to all of the findings and conditions of tentative map
approval; motion carried 5:0.
6. RECONSIDERATION OF PRE - ANNEXATION AGREEMENTS CONCERNING
MARGARITA AREA SCHOOL SITE REQUIREMENTS (ANNX 175 -98 AND ANNX 208-
98 SCHOOL SITE REQUIREMENTS.
City Attorney Jorgensen clarified the legal issue behind the staffs recommendation to
approve revised pre- annexation agreements with the landowners, reducing their obligations
to provide a school site, in light of recent changes in State law. He explained that the
school site will be designated pending the School District's decision of whether to buy it
and how to pay for it. He referenced a letter received today from School District (on file
City Council Meeting
Tuesday, September 7, 1999 - 7:00 p.m.
Page 8
with the City Clerk) and advised against the recommendation made by the District to
reconsider the annexation. 1
Mayor Settle opened the meeting for public comment.
John French representing the CowanTrust/Martinelli property owners, remarked that the goal
is to see a school in the area. He supports the staff recommendation.
Dave Watson, representing property owners King and DeBlauw, commented that the school
site is a valuable component. He also supports the recommendation and urged the Council to
not delay the annexation as requested by the School District.
Mayor Settle returned discussion to the dais.
Council Member Schwartz voiced frustration about the school fee issue and questioned the
necessity for amending the pre- annexations agreements.
ACTION: Moved by Romero /Settle to 1) approve and authorize the Mayor to sign
revised pre- annexation agreements with the landowners, reducing their obligations
to provide a school site, in line with recent changes to State law. 2) Direct staff to
revise the draft Margarita Area Specific Plan to reflect Recommendation #1,
including revised credit for neighborhood park land dedication; motion carried 4:1
(Schwartz).
7. CITY DONATION ACCEPTANCE POLICY.
Parks and Recreation Director LeSaae presented the staff report and recommendation to
approve. There were no public comments.
Council Member Marx suggested that the City produce and make available a list of the types
of donations that are desired.
ACTION: Moved by Marx/Ewan to adopt Resolution No. 8965 establishing a City
Donation Acceptance Policy; motion carried 5:0.
COMMUNICATIONS
Mayor Settle reported that RRM Design sent the City Council a letter requesting a study
session regarding the Vineyard Community Church. Council directed staff to meet with the
applicant's representative regarding technical issues before proceeding with the
development review process.
Council Member Marx requested that the Council Compensation Committee review the
issue of medical payback for Council Members when they meet again next year.
Council Member Marx reported on her efforts to locate historical gas lights for the
downtown.
Council Member Schwartz commented on preliminary work to -date on the creek walk
sculpture.
Vice Mayor Romero requested that the Council review the police report on a recent accident
that occurred at the Marsh Street crosswalk.
City Council Meeting
Tuesday, September 7, 1999 - 7:00 p.m.
Page 9
There being no further business to come before the City Council, Ma or S le adjourned the
meeting at 11:30 p.m. to Monday, September 20, 1999 at 7�� • p. theCou cil Chamber, 990
Palm Street, San Luis Obispo. ^
/ I
APPROVED BY COUNCIL: 9121199
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Lee Price, C.M.C.
City Clerk