HomeMy WebLinkAbout12/13/19991
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 13, 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 CAD; Ron Munds, Solid Waste Coordinator; John Shoals,
Associate Planner; Pam Ricci, Associate Planner; Gary Henderson,
Water Division Manager; Carolyn Dominguez, Accounting Manager
PUBLIC COMMENT
George Gibson, 2424 Cumbre Court, asked Council to reconsider acquisition of property on
the comer of Santa Rosa and Marsh Street.
CLOSED SESSION
6:30 p.m.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Morganti Property at Los Osos Valley Rd. at Foothill
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
Property Owner Representative:
Keith George
Negotiation: Whether to Negotiate/Acquire/Sell
City Attorney Jorgensen announced that the Council authorized further negotiations.
City Council Meeting
Monday, December 13, 1999 - 7:00 p.m.
6:45 p.m.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: Foster Property at the end of Royal Way
Negotiating Parties: City of San Luis Obispo:
Neil Havlik
Property Owner Representative:
Jack and Pat Foster
Negotiation: Whether to Negotiate/Acquire/Sell
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City Attorney Jorgensen announced that the Council authorized further negotiations.
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CONSENT AGENDA
ACTION: Moved by Ewan/Schwartz to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 8996 approving the final
map for Tract No. 1750 (Unit 6); accepting Lots 56, 57, and 58 (creekway, bike,
pedestrian and sanitary sewer purposes) and Open Space easement within Lot 54;
motion carried (5:0).
COUNCIL SUBCOMMITTEE ASSIGNMENTS FOR CALENDAR YEAR 2000.
ACTION: Moved by Ewan/Schwartz to approve Council Liaison Subcommittee
assignments for calendar year 2000 as recommended; motion carried (5:0).
WATER REUSE PROJECT - PROCEED TO PHASE II OF DESIGN.
ACTION: Moved by Ewan/Schwartz to authorize the Utilities Director to direct Brown
and Caldwell to proceed to Phase II of the design of the Water Reuse Project;
motion carried (5:0).
TRANSIT INTERFUND BORROWING.
ACTION: Moved by Ewan/Schwartz to authorize ongoing interfund borrowing up to
$1,300,000 from the General Fund to the Transit Fund until Federal Transit
Administration grant revenues are received; motion carried (5:0).
C5. SOLICITATION OF CONSTRUCTION MANAGEMENT SERVICES — MARSH STREET
PARKING GARAGE
ACTION: Moved by Ewan/Schwartz 1) to authorize staff to interview and negotiate for
construction management services with selected firms based upon Statements of
Qualifications. 2) Authorize the City Administrative Officer to award a contract with
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City Council Meeting Page 3
Monday, December 13,1999 - 7:00 p.m.
the selected firm if the cost of services is within the Engineer's Estimate; motion
carried (5:0).
C6. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT PROGRAM
SUPPORT FROM THE PACIFIC COAST SALMON CONSERVATION AND RECOVERY
INITIATIVE
ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 8997 authorizing the City
Administrative Officer to participate in the various actions anticipated by a coalition of
cities, counties, and special districts along the coast of California to seek state and
federal funding for a variety of projects designed to restore or enhance spawning and
rearing habitat for steelhead trout and other salmonid species which are utilizing
coastal streams along the California Pacific Coast; motion carried (5:0).
APPOINTMENT
Al. VICE MAYOR APPOINTMENT FOR 2000.
Mayor Settle recognized Vice Mayor Romero; presented plaque.
ACTION: Moved by Ewan/Romero to appoint Council Member Kenneth E. Schwartz
as Vice Mayor to serve a one -year term commencing upon appointment; motion
carried (5:0).
' COUNCIL LIAISON REPORTS
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG)
Council Member Romero reported on the December 8"' meeting. He noted 13 call boxes will
be retrofitted for the hearing impaired, a steering committee has been formed to develop a
public opinion poll regarding a' /2 percent transportation tax, and allocations of federal and
state funds for the region were approved. In addition he reported that San Luis Obispo
received approval for two projects from the State Highway Account (SHA) and provided an
update regarding additional funding from the State Transportation Improvement Program
(STIP) for the sound wall program. In conclusion, he explained that SLOCOG authorized Dial -
a-Ride service in the Nipomo area.
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY ( SLORTA)
Council Member Romero reported that the SLORTA Board approved a Request for
Qualifications (RFQ) for transit operators who will provide service for CCAT and Run -About
systems within the County.
LEAGUE OF CALIFORNIA CITIES
Vice Mayor Schwartz reported that the "Smart Growth" subcommittee of the League of
California Cities is working toward establishing a definition for "smart growth" in order to
avoid legislation that does not consider impacts on cities.
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City Council Meeting
Monday, December 13, 1999 - 7:00 p.m.
Page 4
PUBLIC HEARINGS 1
1. HOUSING AUTHORITY REQUEST FOR CONDUIT FINANCING.
Finance Director Statler presented the staff report and emphasized the action will not
change the density, but will change the composition of the 26 affordable units.
Mayor Settle opened the public hearing.
Hamish Marshall. Westpac Investments (applicant), reported that the affordable units will
not look any different than the other units. He added that there are currently 2,500 people
on the waiting list for the affordable housing units.
George Moylan, Housing Authority of SLO, commented that there is not liability to the City
and advised that Section 8 (federal subsidy) clients will occupy the homes.
Mayor Settle closed the public hearing.
ACTION: Moved by Marx/Romero to adopt Resolution No. 8998 approving the
issuance of multi - family housing revenue bonds by the Housing Authority; motion
carried (5:0).
2. GENERAL PLAN AMENDMENT, REZONE AND ENVIRONMENTAL REVIEW FOR
PROPERTY LOCATED AT 3001 AND 3045 JOHNSON AVENUE: JUDSON TERRACE
LODGE WRIER 106 -99)
Associate Planner Shoals presented the staff report 1
Mayor Settle opened the public hearing.
Roger Jump, Administrator of Judson Terrace Homes (representing the applicant, Judson
Terrace Lodge), provided relevant history and spoke to the merits of the application.
Bruce Fraser, architect, voiced concurrence with the staff report recommendations and
explained the logic behind the jump from R -1 to R -4.
Robert Risinger, 3007 Johnson Avenue, and Rob Travis. 3001 Johnson Avenue, spoke in
opposition to the rezoning from R -1 to R-4.
Chuck Stevensen, Member of the Board of Directors for Judson Terrace, provided
additional background and support for the rezoning.
Mayor Settle closed the public hearing.
Council discussion followed. Council Member Marx suggested a minor modification to
Section 2, Finding #5: Revise the second sentence to read: "The City Council Negative
Deslmatian concludes...." Council concurred.
Council Member Ewan proposed that the building height be limited to no more than two
stories. Council concurred.
ACTION: Moved by Marx/Ewan 1) to adopt Resolution No. 8999 as amended
approving the negative declaration, with mitigation measures, and amending the
City Council Meeting
Monday, December 13, 1999 - 7:00 p.m.
Page 5
property's General Plan land use designation from low density residential to high
density residential. 2) Introduce Ordinance No. 1364 as amended to rezone the
property from low - density residential (R -1) to high- density residential with a Special
Considerations Overlay zone (R -4-S). 3) Adopt Resolution No. 9000 approving the
additional density bonus with findings; motion carried (5:0).
3. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO APPROVE
A NEW SERVICE STATION WITH CONVENIENCE STORE AT 2211 BROAD STREET
(ARC 49-99)
Associate Planner Ricci presented the staff report and recommendations to deny the appeal.
Council questions followed.
Mayor Settle opened the public hearing.
Tom Dwelle, appellant/applicant, summarized the project. Jim Shively, RHL Design Group
(architect), addressed the subject of the appeal. He argued that ceramic tile introduces a
new and different material, and further, that the application of bulkhead and mullions is not
necessary. Council questions followed.
Mayor Settle closed the public hearing.
Jim Aiken. Chairman of the ARC, responded to questions from the Council about the ARC's
review and approval of the project.
Council discussion followed. Vice Mayor Schwartz spoke in opposition to the design. He
1 commented that it is over signed, not in tune with the neighborhood and will look out of
place in SLO. He suggested that the applicant refine the design and explained that he
would be voting "No" to reflect his disapproval of the entire project.
ACTION: Moved by Ewan/Romero to adopt Resolution No. 9001 denying the appeal,
and upholding the Architectural Review Commission's action to approve the
project, based on findings, and subject to conditions; motion carried 4:1 (Schwartz).
2. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT
APPLICATION.
Utilities Director Moss introduced the staff report. Solid Waste Coordinator Munds
presented the staff report and recommendations.
Mayor Settle opened the public hearing. There were no comments from the public. Mayor
Settle closed the public hearing.
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 9002 increasing solid
waste rates by 1.72% for interim year 1999 and 3.5% for interim year 2000, for a
combined increase of 5.22% to become effective on February 1, 2000; motion carried
(5:0).
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Utilities Director Moss introduced the staff report. Water Division Manager Henderson
provided the staff report and recommendations. Council questions followed.
City Council Meeting Page 6
Monday, December 13, 1999 - 7:00 p.m.
Mayor Settle opened the public hearing.
Mayor Settle closed the public hearing.
Additional modifications to the following policy statements and/or sections were proposed
and approved: 8.1.2.A, 8.1.2.61, 8.1.2.C, Section 8, 9.1.1.B.1, and 11.1.1. Staff proposed and
Council approved deleting in its entirety 9.1.1.A.
Vice Mayor Schwartz proposed amending tables set forth in Policy 8.1.3 to more clearly
identify net safe annual yield. Utilities Director Moss indicated staff would review and bring
back, if necessary, written policies regarding safe annual yield.
ACTION: Moved by Schwartz/Romero to adopt Resolution No. 9003 amending the
General Plan Water and Wastewater Management Element to clarify policies
concerning water available for development and other water policies; motion carried
(5:0).
BUSINESS ITEMS
6. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 1998 -99.
Finance Director Statler presented an overview of the audit. Kathi Niffenegger, auditor
(Glenn, Burdette & Bryson), reviewed the audit process and responded to brief questions
from the Council. There were no comments from the public.
ACTION: Council received the report.
COMMUNICATIONS
Assistant City Administrative Officer Hampian received word from Union Pacific Railroad
that they have conceptually agreed to the City's request to use the railroad culvert for
purposes of a bike path connecting the Edna and Islay neighborhoods. However, there are
still several details to be resolved through the drafting of an agreement.
Mayor Settle requested that the City consider adding a wildlifelfish biologist staff position in
lieu of hiring consultants to provide direction to the City regarding recently acquired open
space and waterways. Council directed staff to return to Council with recommendations
within the next four to six months.
Council Member Marx mentioned she received a letter from Bill Cattaneo (on file with the City
Clerk) recommending greater communication between the Council and the public. Staff
confirmed that the Council will review the "Council Policies & Procedures" in late January. At
that time Council will have the opportunity to review the entire policy, including provisions
relating to setting the agenda, televising Council meetings and clarifying opportunities for
public participation in the governmental process.
Mayor Settle expressed concerns regarding the financial difficulties of the San Luis Obispo
County Historical Museum.
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City Council Meeting
Monday, December 13, 1999 - 7:00 p.m.
Page 7
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:49 p.m. to Tuesday, January 4, 2000 at 7:00 p.m in the 077 hamber, 990
Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 1/4/00
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Lee Prick
City Clerk