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HomeMy WebLinkAbout09/21/1999MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 21, 1999 - 4:00 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 Capital Improvement Board Present: Members John Ewan, Jan Howell Marx, Ken Schwartz, Dave Romero, and 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; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; Tim Bochum, Deputy Public Works Director; Wayne Peterson, City Engineer; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAD; Ron Munds, Solid Waste Coordinator; Barbara Lynch, Supervising Civil Engineer P7. POLLUTION PREVENTION WEEK PROCLAMATION. Mayor Settle presented the proclamation to Bob Carr of the APCD and who serves as member of the Pollution Prevention Committee. CONSENT AGENDA C1. COUNCIL MINUTES. Tuesday, September 7, 1999 ACTION: Moved by Romero /Marx to approve as submitted; motion carried 5:0. C2. REQUEST FOR PROPOSALS FOR CITY ADVERTISING EFFECTIVENESS STUDY CONSULTANT. ACTION: Moved by Romero /Marx to 1) approve the Request for Proposals (RFP) prepared by the Promotional Coordinating Committee (PCC) for a tourism advertising conversion study and authorize soliciting of proposals. 2) Authorize contract award by the City Administrative Officer if selected proposal is within the available budget of $15,000; motion carried 5:0. City Council Meeting Tuesday, September 21, 1999 - 4:00 p.m. Page 2 C3. PARK NAMING REQUEST (DAMON- GARCIA SPORTS FIELD). This item was pulled by Council Member Schwartz, who suggested another name for the sports fields. ACTION: Moved by Romero/Marx to 1) name the Sports Fields Complex: City of San Luis Obispo Damon - Garcia Sports Fields; motion carried 5:0. C4. USE OF COUNCIL CHAMBER BY FIRST NIGHT SAN LUIS OBISPO. ACTION: Moved by Romero/Marx to 1) authorize the First Night San Luis Obispo organization to use the Council Chamber on December 31, 1999, with limitations on the type of entertainment, prohibition of food or beverages and appropriate level of event supervision. 2) Authorize the City Administrative Officer to approve future requests by First Night San Luis Obispo to use the Council Chamber for its New Year's Eve event; motion carried 5:0. C5. APPROVAL OF USES FOR THREE CITY -OWNED HISTORIC ADOBES. ACTION: Moved by Romero /Marx to approve the recommendation of the Cultural Heritage Committee that the City's three historic adobes be restored for use in the following manner: 1) La Loma de la Noaalera Adobe - museum and display space with exhibits emphasizing the Mexican and early American periods. 2) Rodriguez Adobe - museum and display space; neighborhood community building. 3) Rosa Butron de Canet de Simmler Adobe - museum and display space; meeting spaces; a caretaker residence; and gardens for weddings, barbecues, etc; motion carried 5:0. C6. TEMPORARY EMPLOYEE POLICY. ACTION: Moved by Romero /Marx to 1) adopt an expanded Temporary Employee Policy providing for hourly wage increases, limited benefits, and promotional opportunities. 2) Appropriate $6,900 to fund this expanded policy in 1999 -00 and $13,900 in 2000 -01; motion carried 5:0. BUSINESS ITEMS Mayor Settle adjourned the Regular City Council Meeting and called to order the meeting of the Capital Improvement Board at 4:10 p.m. 1. MEETING OF THE CAPITAL IMPROVEMENT BOARD APPROVING THE 1999 LEASE REVENUE BONDS. Finance Director Statler presented the staff report. Brief Council questions followed. ACTION: Moved by Marx/Romero to 1) approve the minutes of the meeting held on June 1, 1999. 2) Adopt Resolution No. 8966 approving the sale of the 1999 Lease Revenue Bonds; motion carried 5:0. At 4:20 p.m., the Capital Improvement Board President adjourned the meeting. Mayor Settle reconvened the Council meeting. , City Council Meeting Tuesday, September 21, 1999 - 4:00 p.m. Page 3 2. 1999 LEASE REVENUE BONDS. ACTION: Moved by Ewan/Schwartz to approve the 1999 Lease Revenue Bond Program by introducing Ordinance No. 1357 approving the sale and leaseback of property between the City and the San Luis Obispo Capital Improvement Board (Board). These agreements will serve as collateral for the bonds that will be issued by the Board; motion carried 5:0. 3. HIGUERA STREET AND OSOS STREET WIDENED SIDEWALKS. Civil Engineer Lynch provided the staff report. It was also reported that staff had recently met with members of the Downtown Association Parking Committee who had concerns about the staff recommendation. A compromise solution was discussed and, as a result, staff presented a modified recommendation. Public Comment Joe Delucia, property owner (Thai Classic restaurant, adjacent hair salon and artist workshop), argued that he had not been consulted on the compromise solution and the result would essentially cut his property out of the project. He emphasized that he wants to be involved and will contribute money to the project. He said he could endorse the loss of seven parking spaces, but only if it is an equitable arrangement. Mike Spangler urged the preservation of parking in the downtown and the protection of the Parking Enterprise Fund. He suggested a condition which would have property owners, ' including the City, contribute to the Parking Fund for any metered spaces lost (for any use: widening, red curbing, etc.). He said he supports the four bulb -outs, the widening at Firestone Grill (with a loss of 5 -7 spaces), and no widening on Higuera. Tom Swem, Downtown Association Parking Committee, provided background for the modifications proposed. He reported that the Association wants to be a part of the development of the policy about how to address loss of parking and have input any time parking is in jeopardy. End of public testimony. Council discussion followed. Vice Mayor Romero objected to closure of two driveways to Higuera Street serving the Court Street parking lot, since this would result in the loss of about fifteen parking spaces within the lot. ACTION: Moved by Schwartz/Ewan to direct staff to engineer the deck of the bridge to include a widened sidewalk along Higuera from Osos to the edge of Mo's allowing for a driveway access only at Court Street, the four comer bulbouts, partial street widening on Osos as recommended by staff, and further, to recommend to the Downtown Association that they come back to the Council with a draft policy regarding in -lieu payment by property owners for metered spaces lost and regulations for the use of the sidewalk within 60 days; motion carried 4:1 (Romero). Note: The Council deferred approval of widened sidewalks in front of any restaurants until after review of the draft policy. Engineering staff indicated that widened sidewalks could be incorporated into the project by change order. City Council Meeting Page 4 Tuesday, September 21, 1999 - 4:00 p.m. PUBLIC HEARING 4. EXPENDITURE OF STATE PUBLIC SAFETY GRANT FUNDS. Police Chief Gardner presented the staff report. There were no comments from Council or the public. ACTION: Moved by Romero /Marx to adopt Resolution No. 8967 approving an expenditure of $95,153 from the 1999 -00 State Budget Grant to fund the salary and benefits for a Field Services Technician position and to assist in funding the Mobile Data Computers project as recommended by the Chief of Police; motion carried 5:0. COUNCIL LIAISON REPORTS SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY ( SLORTA) Vice Mayor Romero reported that SLORTA agreed to abandon the Request for Proposal process for consolidated contracts of transit services providers. The Board gave direction to staff to prepare contracts with the current providers for continuation of service for an additional six months. COUNCIL OF GOVERNMENTS (COG Vice Mayor Romero reported that COG agreed to establish a steering committee to review local sales tax options for transportation improvements in anticipation of a statewide initiative measure due to the Assembly's failure to approve SCA -3. He also noted that Sen. O'Connell has requested State forgiveness of $400,000 advanced to COG for the call box program. If successful, funds will be available to complete the program on all state highway routes within the County. INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) Vice Mayor Romero reported that IWMA received a report indicating that it is probable that the County can reach the 50% diversion rate mandated by AB 939 by making 1998 (rather than 1990) the base year, despite the fact that Cal Poly, the California Men's Colony, Cuesta College and schools (which are exempt from the 50% diversion requirement) are included in the diversion figures. ECONOMIC OPPORTUNITY COMMISSION (EOC) Council Member Marx reported that she wrote a letter urging the Governor to reconsider his decision to veto appropriations of $15,000,000 for CalWORKS. She explained that this will have an adverse effect on EOC. COMMUNICATIONS Vice Mayor Romero asked Council to direct staff to fill the City Transit Manager position quickly as possible in order to overcome political differences occurring on the San Luis Obispo Regional Transit Authority. Council requested that staff return to Council with a report. L.J 1 City Council Meeting Page 5 Tuesday, September 21, 1999 - 4:00 p.m. Council Member Ewan wants to seek funding on the State and Federal level to improve traffic circulation on the west side of the City by building a grade separation on Orcutt Road. Council requested an informational report, but not as part of the Prado Road Extension Study. Mayor Settle encouraged staff to keep Council informed of any anticipated requirements needed to move the Chinatown /Court Street project forward. City Administrative Officer Dunn noted that it may be necessary to request funding for consultants, and if so, staff will return to Council for approval. Mayor Settle expressed his hope that a member of staff would be attending the North County water issues meeting this evening. City Administrative Officer Dunn reported that a Utilities Department representative would try to be present. Called a dinner break at 6:04 p.m. Reconvened at 7:00 p.m. CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS Pursuant to Government Code 3 54956.8 Property: Negotiating Parties Negotiation: Lathrop Property, Broad Street City of San Luis Obispo: Paul LeSage Property Owner Representative: John Rosetti Whether to Negotiate/Acquire City Attorney Jorgensen reported that the Council authorized further negotiations. PUBLIC COMMENT There were no public comments. BUSINESS ITEM 5. SAN LUIS MARKETPLACE MEMORANDUM OF UNDERSTANDING (MOU). Mayor Settle clarified for the public the agenda item and emphasized that the Council would not be taking any action tonight on the project, which has not yet gone through the design and development review process. CAD Dunn provided the introduction to the staff report. ACAO Hampian provided background and an overview of the current land use, proposed Prado Road interchange, the proposed site plan and the open space component Finance Director Statler presented the key deal points of the MOU. Consultant Kotin (PCR Kotin) provided the strategic overview, the implications to SLO, comparisons to transactions in other communities, and developer financial capacity. Council questions followed. City Council Meeting Tuesday, September 21, 1999 - 4:00 p.m. Page 6 Mayor Settle opened the meeting for public comment. Andrew Merriam, (Canon Associates) applicant's representative, summarized the benefits to the City of the proposed interchange and the conceptual proposal for development and open space dedication. Kevin Bird, developer, provided an overview of the financial capacity of the San Luis Marketplace and SLO Marketplace Associates, the financial backers of the project. He introduced team members, including representatives from perspective tenants (Lowe's Home Improvement and Target). Tom Jirovsky provided an overview of the Mello -Roos District bond financing and provided projections. Speaking in support of approving the MOU, the proposed overpass and/or the proposed San Luis Marketplace project: Matt Maffev, Paso Robles Target Store Daryll Jord, Lowe's Home Improvement Scott Dabney, financial investor Ernie Dalidio, property owner Bob Hather, 3575 Sequoia Drive Chuck Haley of SLO Julie Tetrault Paso Robles Target employee, North County resident Bob Franklin, SLO business owner, Templeton resident Steve Souza, Santa Maria resident and property owner in airport area of SLO Mel Lininger of SLO Jacqueline Piper, Mervyns' manager and SLO property owner Carol Hathaway of SLO Dan Hathaway of SLO Jack Dewar of SLO Dale Kinny Florence Street resident Steve Victor, Morro Bay resident Monica Ohlausen, Morro Bay resident Cavetano Moreno Los Osos resident, Elks Lane property owner Jeanette Etchebehere , SLO Chris Moreno, Cuesta College student and support of the Green Belt Project Penny Rappa, Fuller Street resident Kristie Dalidio turned in a petition signed by supports and postcard representing a 9% response to a direct mailer. Steve Gran of SLO Tom Murrell, Pismo Beach resident Joe DeLucia,139 Longview Lane in SLO Gale Gascho, Edna Valley resident Jacqueline Whiteside, SLO resident Diane Behn, SLO resident Wendy Scalice, Atascadero resident, SLO business owner Ron Pusconi, SLO resident Jack Cashen, SLO resident Mike Ehbear, Paso Robles resident David Nord, SLO resident and business owner at 56 Prado Road Roy Garcia City Council Meeting Tuesday, September 21, 1999 - 4:00 p.m. Page 7 Speaking in opposition to approving the MOU, the proposed overpass and/or the proposed ' San Luis Marketplace project: Pat Veesart, Executive Director of ECOSLO Kurt Mammen, SLO resident Michael Sullivan 1127 Seaward Street Marie Dickson, Oceanaire Drive in SLO Peggy Koten, SLO resident Professor David Brody Jim Bailey, SLO resident Evie Hill, SLO resident Orval Osborne, SLO resident Ella Honeycutt resident of AG and Director of the Coastal San Luis Conservation District, read into the record a prepared statement seeking permanent preservation of seventy acres of the property (letter on file with the City Clerk). Applicant representatives, Andrew Merriam, and Kevin Bird addressed some of the comments made by the public and provided closing comments. End of public testimony. At the request of Mayor Settle, City Attorney Jorgensen provided clarification about the MOU and addressed comments made by the public regarding CEGA and environmental review. He explained that there will be a full environmental impact review completed before the project is approved and noted that the MOU is non - binding. He commented that the City wants to be ' sure that if the project is approved, there is a means to build the interchange. The developer wants some assurances before they make further financial investment. City Attorney Jorgensen suggested that Paragraph 9 of the MOU (page 5-27 of the staff report) be modified, to include the language: "which includes the Prado Road interchange." Michael Morris, Dalidio family attorney, indicated approval of the additional language. Lengthy Council discussion followed. Vice Mayor Romero spoke in favor of the MOU. Council Member Ewan spoke in opposition to the MOU because it provides the developer with a subsidy but requires that others kick in their share for the interchange. He argued that he cannot support giving away sales tax money to support one developer over another. Council Member Marx used overhead transparencies to illustrate the number of concerns she has regarding the MOU (points on file with the City Clerk). She argued that the open space dedication is not adequate per the General Plan. She spoke in opposition to the project and the interchange and in favor of maintaining the land as agriculture. City Attorney Jorgensen advised that frame work for working out open space agreements is contained in the General Plan and noted that the Council will have more opportunity to review and refine the proposal during land usetenvironmental review and the development of the Development Agreement. Council Member Schwartz spoke in support of the marketplace concept and the interchange. He indicated he was in favor of moving to the next stage by approving the staff recommendation. Mayor Settle commented that the project is in the County and that it must first be annexed to the City. He emphasized that the Dalidio family is not being forced to annex and argued that the MOU provides that they build the interchange, consistent with the Circulation's Element City Council Meeting Tuesday, September 21, 1999 - 4:00 p.m. Page 8 goal to provide a link. The development of the property, he concluded, should occur within the City where it can better managed. ACTION: Moved by Romero /Schwartz to 1) approve a Memorandum of Understanding (MOU) with San Luis Obispo Marketplace Associates, LLC, and the Dalidio Family Laguna Ranch as amended to include the following language on page 15, paragraph 9, sentence 3: ... between the parties, "which include the Prado Road interchange," it shall...; motion carried 3:2 (Ewan, Marx). 2) Adopt Resolution No. 8968, a resolution of intention to issue Mello -Ross District bonds in order to finance the interchange; motion carried 3:2 (Marx, Ewan). PUBLIC HEARING 6. ABANDONMENT OF A TEN - FOOT -WIDE PUBLIC WAY AT 1890 AND 1900 SAN LUIS DRIVE. Public Works Director McCluskev and Supervising Civil Engineer Kenny reviewed the staff report. ACTION: By mutual consent, this item was continued to October 5, 1999, at the request of staff. There being no further business to come before the City Council, meeting at 11:05 p.m. to Tuesday, October 5,1999 at 7:00 p.m.jla: Palm Street, San Luis Obispo. n r Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/19/99 LP:dr adjourned the hamber, 990 1 C�