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HomeMy WebLinkAbout10/05/19991 'J ROLL CALL: Council Members Present: City Staff: MINUTES' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 5, 1999 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, and Mayor Allen K. Settle 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; Glen Matteson, Associate Planner; Jerry Kenny, Supervising Civil Engineer; Ron Whisenand, Development Review Manager CLOSED SESSION ANNOUNCEMENT CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code 5 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 Negotiate/Acquire City Attorney Jorgensen reported that the Council authorized further negotiations. PUBLIC COMMENT Susie Winkle complained that restricted hours for parking in the downtown during the early morning hours has resulted in her receiving numerous parking tickets. She asked Council to consider modifications to the hours and/or allow her to pay a special parking permit fee. Council directed Parking Division staff to contact the speaker. Leo Pinard addressed concerns regarding traffic operations at Buchon and Broad and parking in the nearby neighborhoods. City Council Meeting Tuesday, October 5, 1999 - 7:00 p.m. PRESENTATIONS P1. EMPLOYEE SUGGESTION AWARD. Page 2 ACTION: Mayor Settle presented Employee Suggestion Awards to Eldon Hasseler and Glenn Lubak of the Utilities Department in appreciation for cost saving solutions at the Water Reclamation Facility. P2. NATIONAL DENTAL HYGIENE MONTH. ACTION: Mayor Settle presented a proclamation to Ann Havlik, Trustee of Central Coast Hygienists' Society, recognizing October as National Hygiene Month. P3. NATIONAL PHILANTHROPY DAY. ACTION: Mayor Settle presented a proclamation to Bette Kulp, President of Phi Mu Fraternity Alumnae Chapter, in recognition of October 18, 1999 as National Philanthropy Day. P4. CULTURAL HERITAGE COMMITTEE (CHC) SPECIAL REPORT ON STATUS OF HISTORIC RESOURCES AT YEAR 2000. ACTION: Continued to a date uncertain. CONSENT AGENDA Vice Mayor Romero pulled items 8 and 10 for discussion. C1. AMENDMENT NO. 6 TO THE CORPS OF ENGINEERS LICENSE FOR SALINAS RESERVOIR. ACTION: Moved by Schwartz/Marx to approve Amendment No. 6 and authorize the Mayor to sign the amendment between the City of San Luis Obispo and the U.S. Army Corps of Engineers; motion carried 5:0. C2. FINAL PASSAGE OF ORDINANCE NO.. 1356 TO IMPLEMENT LEVEL 41959 SURVIVOR BENEFIT AND MILITARY SERVICE AS PUBLIC SERVICE FOR MEMBERS OF CALP_ERS. ACTION: Moved by Schwartz/Marx to grant final passage to Ordinance No. 1356; motion carried 5:0. C3. REQUEST FOR PROPOSAL FOR COST OF SERVICES STUDY. ACTION: Moved by Schwartz/Marx to approve the request for proposals (RFP) for preparing a comprehensive cost of services study; and authorize the City Administrative Officer to award the contract if the best overall proposal is within the approved budget of $47,500 for this project; motion carried 5:0. C4. FINAL PASSAGE OF ORDINANCE NO. 1357 APPROVING SALE AND LEASEBACK OF PROPERTY BETWEEN THE CITY AND THE SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD. City Council Meeting Page 3 Tuesday, October 5, 1999 - 7:00 p.m. ACTION: Moved by Schwartz/Marx to grant final passage to Ordinance No. 1357, motion carried 5:0. C5. PURCHASE OF BARRICADES FOR SECURITY AT CITY -WIDE SPECIAL EVENTS. ACTION: Moved by Schwartz/Marx to 1) approve an expenditure of $21,500 from the unappropriated General Fund balance for the purchase of 200, 20 -foot metal barricades. 2) Authorize a single source purchase of the materials; motion carried 5:0. C6. ANNUAL LEAGUE CONFERENCE RESOLUTIONS. C7. ACTION: Moved by SchwartzlMarx to authorize the voting delegate to support the resolutions as submitted, unless Council provides alternate direction; motion carried 5:0. ACTION: Moved by Schwartz/Marx to direct the City's San Luis Obispo Council of Governments (SLOCOG) Board Delegate (Vice Mayor Romero) to strongly advocate support for SLOCOG's previous action to appropriate $500,000 of Regional STIP funds toward the Brizzolara Street Sound Wall Project; motion carried 5:0. C8, BOB JONES CITY -TO -SEA BIKE TRAIL AND RAILROAD RECREATIONAL TRAIL PLANNING - REQUEST FOR PROPOSALS (SPECIFICATION NUMBERS 90084 AND 90087). Vice Mayor Romero pulled this item to comment that Zone 9 is presently in the process of preparing a Master Drainage Study of the area. He suggested that because there may be widening of the creeks, the consultant for the bikeway project should coordinate the plan with the consultant for the Zone 9 study. Public Works Director McCluskev assured the Council that there would be coordination. ACTION: Moved by Romero/Schwartz to 1) appropriate $25,000, from the unappropriated General Fund balance to supplement the existing budget for these projects. 2) Authorize the Public Works Department to distribute the Request for Proposals and the City Administrative Officer to select and execute a contract with a qualified consultant if the proposal amount is within budget ($140,000); motion carried 5:0. C9. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY. ACTION: Moved by Schwartz/Marx to authorize staff to request proposals for a feasibility study for the Stenner Canyon Hydroelectric Plant, and authorize the City Administrative Officer to execute an agreement with the selected consultant if proposal is within the approved budget amount; motion carried 5:0. C10. TRANSPORTATION GRANT APPLICATIONS. ' Vice Mayor Romero pulled this item to note an inconsistency in the staff report and asked staff to clarify the streets that would be reconstructed with STIP funds. Public Works Director McCluskev explained that portions of Osos Street and all of Santa Barbara Street from Broad City Council Meeting Page 4 Tuesday, October 5,1999 - 7:00 p.m. Street to Pacific Street would be reconstructed. He also reported that staff recommends that the draft resolution be amended to include a proposed project study report for Los Osos Valley Road. In response to additional questions from Vice Mayor Romero, Public. Works Director McCluskev also noted that the South Higuera Sidewalks project would include a retaining wall and that there were no right -of -way issues. ACTION: Moved by Schwartz/Marx to 1) adopt Resolution No. 8966, as modified (add project study report for Los Osos Valley Road) approving the submittal of three Transportation Enhancement Activity (TEA), one Regional State Highway Account (RSHA), and three State Transportation Improvement Program (STIP) grant applications to the San Luis Obispo Council of Governments (SLOCOG). 2) Authorize the City Administrative Officer to execute a cooperative funding agreement with SLOCOG for these grant- funded projects; motion carried 5:0. Al. PARKS AND RECREATION COMMISSION. ACTION: Moved by Ewan/Schwartz to appoint Bonnie Marzio to fill an unexpired term to begin immediately, ending on 3/31/02, and thank Sally Stoner for her years of service; motion carried 5:0. A2. HUMAN RELATIONS COMMISSION. ACTION: Moved by Marx/Ewan to reappoint Trish Avery to a two year appointment to end on 9/30/01, appoint Gwen Guyer to a three year appointment to end on 9/30/02, and thank Joan Lawrence for her many years of service; motion carried 5:0. COUNCIL LIAISON REPORTS AIR POLLUTION CONTROL DISTRICT (APCD) Council Member Ewan reported that the State will be Implementing a new law regarding emissions of busses. He also noted that the APCD is working towards prohibiting trash and waste burning in the County. He circulated the Ozone Monitoring Report for 1999. PUBLIC HEARINGS 1. Council Member Ewan refrained due to a potential conflict of interest (retained by applicant for environmental review /consultation). Associate Planner Shoals provided the staff report and recommendation to deny the appeal and uphold the Planning Commission decision. Questions from Council followed. Mayor Settle opened the public hearing. 1 City Council Meeting Page 5 Tuesday, October 5, 1999 - 7:00 p.m. The appellant, or a representative, did not appear. Lengthy Council discussion ensued regarding whether to continue with the public hearing. A majority of the Council expressed a desire to continue with the public hearing. Robin Williams and Dede Sanflippo (KidZPlay Principals) applicants, spoke to the merits of the project and submitted 238 letters in support of the project as proposed. Also read into the record a letter from Carole Sjolander, Executive Director of International Assn of Family Entertainment Centers. Steve Nukes, business advisor for KidZPlay, spoke in favor of the use permit. He reported that repeat visits by patrons is essential to the success of the project. Monte Cool, attorney representing the applicants (registered municipal advocate), addressed the points outlined in the appeal and summarized conditions regarding the serving of alcohol as it relates to the overall project. He argued that the ABC is the appropriate agency to approve or disapprove the serving of alcohol. Speakers in support of denying the appeal and approving the use permit. Eva Paley property manager of Marigold Center Terri Main, SLO resident Gisella Kaplan, SLO resident Leona Evans, local minister Sarah Boldan. SLO resident Grace Brown SLO resident Carey Adler, applicants' insurance agent Teresa Jacques, SLO resident Speaking in opposition to the approval of the condition to sell alcohol: Kathy Cook. San Luis Obispo resident Lee Storey, Paso Robles resident (letter on file with the City Clerk) Mayor Settle closed the public hearing. Mayor Settle recessed the meeting 9:02 p.m. for a break. He reconvened the meeting at 9:18 p.m. ACTION: Moved by Marx/Settle to adopt Resolution No. 8967, as amended, denying the appeal and upholding the Planning Commission's decision to approve the use permit modification based on the findings and conditions (add Condition #4 which shall read. "The City Council shall review the permit after one year of operation of the facility if problems related to the sale of alcoholic beverages are apparent.,); motion carried 4:0:1 (Ewan refrained). 2. Public Works Director McCluskey provided the staff report and recommendation to adopt a resolution approving the abandonment. Mayor Settle opened the public hearing. Rob Strong was present for questions. There were no questions or comments. Mayor Settle closed the public hearing. 1 ACTION: Moved by Romero /Ewan to adopt Resolution No. 8968 abandoning a ten - foot -wide public way at 1890 and 1900 San Luis Drive, subject to reservation of certain easements and conditions, as recommended; motion carried 5:0. City Council Meeting Page 6 Tuesday, October 5, 1999 - 7:00 p.m. 3. PLANNED DEVELOPMENT REZONING, PRELIMINARY DEVELOPMENT PLAN AND ' SUBDIVISION OF PROPERTY LOCATED ON THE SOUTH SIDE OF EL CAPITAN WAY (PD. TR. AND ER 71 -99): 865 AND 885 EL CAPITAN, TRACT 2330. Associate Planner Shoals provided the staff report and recommendations. Brief Council questions followed. Mayor Settle opened the public hearing. Doug Davidson, Canon Associates (representing the applicant), spoke to merits of the design, summarized the development standard variations requested, and spoke in support of the proposed findings. Mayor Settle closed the public hearing. ACTION: Moved by Romero /Schwartz to 1) introduce Ordinance No. 1358 approving a mitigated negative declaration of environmental impact and approving, with findings and conditions, a PD rezoning and development plan, as recommended by the Planning Commission; motion carried 5:0. 2) Adopt. Resolution No. 8969 approving, with findings and conditions, a vesting tentative tract map to take effect on the effective date of the PD rezoning, as recommended by the Planning Commission; motion carried 5:0. 4. GROWTH MANAGEMENT FOR MAJOR RESIDENTIAL ANNEXATIONS (GPI 126 -99). Associate Planner Matteson provided the staff report and recommendations. Council 1 questions followed. Council Member Marx voiced concern regarding Staff Recommendation #3. Mayor Settle opened the public hearing. Dick Komorowski, of Camarillo (representing the DeVaul property), commented that they are willing to commit to 20% for affordable homes, which entitles them to a bonus density, but reported that there isn't room for it. He suggested that consideration be given to a way in which, as an alternative, advance allocations can be made to enable them to do something else in the future. John French (representing Margarita Area property owner) spoke in support of the staff's conclusions, including the suggestion to consider exempting moderate - income household. He suggested that the Council send the matter to the Planning Commission for evaluation. He commented that the ordinance will need refinement over the next few years, but believes it will serve the purpose. Carla Sanders, questioned the calculations that constitute the definitions for low and moderate, and voiced opposition to Recommendation #3. Hamish Marshall (representing the DeVaul property) spoke in favor of the recommendations. He agrees that there will be modifications needed in the future. Charley Eckert, Investec (partners in DeVaul property), voiced support for the staff recommendations. Mayor Settle closed the public hearing. 1 1 1 City Council Meeting Page 7 Tuesday, October 5,1999 - 7:00 p.m. End of public testimony. Council discussion ensued regarding Staff Recommendation #3. Council Member Marx reiterated opposition asserting that it would not be appropriate in light of past voter approvals for measured growth rate. Mayor Settle concurred, citing water resource concerns. Vice Mayor Romero argued that exempting moderate housing from growth limits may be a way to provide affordable housing, which is not now being provided for. ACTION: Moved by Ewan/Marx to 1) introduce Ordinance No. 1359, replacing Chapter 17.88 of the Municipal Code with new regulations, to set procedures for phasing development in major residential annexations, consistent with the adopted General Plan; motion carried 5:0. 2) Adopt Resolution No.. 8970 establishing a phasing schedule for major residential annexations, based on growth averaging one percent annually over three -year periods, and projected rates of infill development; motion carried 5:0. ACTION: Moved by Marx/Ewan to not initiate consideration of amendments to the Land Use Element and the Housing Element of the General Plan, to make housing that is affordable to moderate - income households (as defined in the General Plan) exempt from growth limits; motion carried 4:1 (Romero). 5. SIGN AMORTIZATION AND ABATEMENT PROGRAM. Development Review Manager Whisenand presented the staff report. Council questions and comments followed. There were no public comments. ACTION: Moved by Marx/Settle to receive the property/business owner sign survey results and adopt Resolution No. 8971 directing staff to correct non - conforming signs as individual redevelopment, remodeling, expansion or sign program updates are proposed; motion carried 4:1 (Schwartz). Staff will send out follow -up letters to owners of non - conforming signs to inform them of the Council's action. ACTION: Moved by SchwartzlSettle to direct staff to request the ARC to make a survey of the signs on the list and make a judgment about whether any of them have historical value; motion carried 5:0. Council Member Schwartz suggested that the ARC also make recommendations regarding signs that should be abated. Discussion ensued. City Attorney Jorgensen advised that staff is committed to abating those that are illegal, but cautioned the Council about establishing new priorities and limited resources. Community Development Director Jonas reported that staff will do all they can to abate the illegal signs and strongly encourage property owners to bring into compliance all non - conforming signs. City Council Meeting Tuesday, October 5,1999 - 7:00 p.m. Page 8 COMMUNICATIONS Council Member Marx offered to serve as the San Luis Obispo representative for "San Luis Obispo Day in Washington D.C." hosted by Congresswoman Lois Capps. Council directed staff to place approval of this special expense on the Consent Agenda for the October 19, 1999 meeting. Council Member Marx reported that Highway One from the City of San Luis Obispo City limits to the Monterey County Line has been dedicated by CalTrans as a scenic highway. Council Member Schwartz reviewed the County's plan for the millennium clock tower which will include a time capsule. There being no further business to come before the City C ncil, Ma or a le adjourned the meeting at 11:47 p.m. to Tuesday, October 19,1999 at 4:0 p.m.' he oun it Chamber, 990 Palm Street, San Luis Obispo. Lee 0116e, C.M.C. City Clerk APPROVED BY COUNCIL: 10/19/99 LP:dr �I�