HomeMy WebLinkAbout01/18/20001
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 18, 2000 - 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, Dave Romero, Vice
Mayor Ken Schwartz, 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; Terry Sanville, Transportation Planner; Jerry Kenny,
Supervision Civil Engineer; Tim Bochum, Deputy Public Works
Director; Gary Henderson, Water Division Manager
STUDY SESSION
1. CITY HALL SPACE NEEDS — REPORT OF CONSULTING ARCHITECTS.
City Administrative Officer Dunn provided the introduction. Architects Fred Sweeney and
Michelle Kenney presented the report and responded to questions. There were no public
comments.
Consensus was reached, as follows:
1. Direct staff to make the necessary inquiries about any potential to acquire, lease, or
jointly use, the AT &T building.
2. One location/site in the same block is preferred as the plan for the long -term.
3. Consider lease option of Copeland property for interim City Hall use and/or a lease
purchase option for future needs.
4. Basic requirements for expansion, as outlined in the report, are acceptable.
Mayor Settle adjourned the meeting at 5:50 p.m.
Mayor Settle reconvened the meeting at 7:00 p.m.
PUBLIC COMMENT
City Council Meeting
Tuesday, January 18, 2000 - 4:00 p.m.
Page 2
Brett Cross expressed concerns about Laguna Lake, including bank erosion, speeding and
activities at the boat launch restroom.
Mr. Shenkman, Power House Media, alleged a contractual dispute with the Downtown
Association. Mayor Settle advised that the Council has no jurisdiction in his matter and urged
him to seek resolution by contacting Downtown Administrator Holley.
CONSENT AGENDA
Item #C-2 was pulled by Council Member Marx. Item #C-4 was pulled by Vice Mayor Schwartz.
ACTION: Moved by Romero/Ewan to approve the consent agenda, as recommended
by the City Administrative Officer, with the exception of Items #C-2 and #C-4; motion
carried 5:0.
C1. COUNCIL MINUTES OF TUESDAY, JANUARY 4, 2000.
ACTION: Moved by Romero/Ewan to waive oral reading and approve as submitted;
motion carried 5:0.
C2. REQUEST FOR ONE -YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR THE
PREFUMO CREEK HOMES PROJECT (1855 PREFUMO CANYON ROAD).
This item was pulled at the request of Council Member Marx for the purpose of receiving
public testimony.
Public Comments: r
Christine Muliholland. SLO City resident, stated that since the approval of this project, new
information has become available about steelhead fish in the creek. She urged the Council
to deny the extension and request a supplemental Environmental Impact Report (EIR).
Phil Ashley, fish and wildlife biologist, voiced concern about impact to the creek and stated
that in 1998 steelhead salmon was added to the Federal Register list as a threatened
species. He argued that the EIR prepared on this project does not mention steelhead or
provide any mitigation. He, too, asked the Council to call for a supplemental EIR.
Eva Vigil, 1809 Castille Court, urged the Council to purchase the land and preserve it as
open space.
Terry Orton. Westland Properties (representing the property owner), reported that Natural
Resources Manager Havlik is aware of the steelhead in the creek and has been working
with the applicant in the design of the project to mitigate the impact. He asserted that the
project design will be sensitive to the creek.
Carol Florence, Oasis Associates (representing the former property owners), provided
background about the project and reasons for the extension request. Because of the death
of one of the property owners, the project was delayed because of a complex estate
settlement.
Pamela Werth, 1255 Orcutt Road #A4, asked if the property owner is from or lives in SLO. '
Council Member Schwartz and Council Member Romero protested the inquiry. Terry Orton
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City Council Meeting
Tuesday, January 18, 2000 - 4:00 p.m.
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offered to respond and noted that the major property owner (Rick Lawhead) is a local
developer who has done several local projects and has been in the area for years.
--end of public testimony—
City Attorney Jorgensen advised that the request to grant a time extension is a
discretionary matter and pointed out that case law indicates that the Council cannot change
the project or add conditions. He reported that the project has a certified and valid EIR and
stated that any change in designation of the steelhead salmon does not compel the Council
to take any action on the project. He added that there are extensive mitigation measures
and emphasized that any work in the creek will require approval by other state and federal
agencies who will scrutinize the project. City Attorney Jorgensen also noted that the City's
practice, as it relates to requests for time extensions, is to grant requests when there are
extenuating circumstances and there has been due diligence.
Council comments followed. Council Member Ewan expressed opposition to the project
and argued that it has run out of time and now is a good time to stop it. Council Member
Marx agreed and stated that she would not have voted in favor of this project because it is
the wrong place to put housing. In addition, she noted that she will not approve a time
extension and believes it would be appropriate to ask the applicant to prepare a
supplemental EIR and bring back a project more sensitive to the environment.
Council Member Romero noted that this project was controversial and the subject of
extensive public hearings to consider the project and EIR. He added that there is
considerable benefit to the City in the dedication of 357 acres for open space.
Vice Mayor Schwartz noted that.he might have a potential conflict of interest in this matter
and sought legal counsel. City Attorney Jorgensen reported that although Vice Mayor
Schwartz owns real property in the vicinity of the project, it is more than 200 feet from the
project, does not meet the standards for stepping down and indicated he is qualified to take
action. Vice Mayor Schwartz observed that because the steelhead is a designated species,
it will be a consideration in the design of the subdivision and voiced no opposition to the
time extension request.
ACTION: Moved by Romero /Schwartz to adopt Resolution No. 9005 approving the
requested one -year time extension for filing the final map for Vesting Tract Map No.
2193; City File No. TR 26-95, subject to all the findings and conditions of tentative
map approval; motion carried 3:2 (Marx, Ewan).
C3. SKATEBOARD PARK EXPANSION FUNDING.
C4.
ACTION: Moved by Romero/Ewan to appropriate $15,500 from the Parkland
Development Fund to complete expansion of the Multi -Use Court area at Santa Rosa
Park; motion carried 5:0.
Vice Mayor Schwartz asked the Council to reconsider its previous action on this item. He
explained that he is not opposed to adding an agricultural zone, but rather to the process
that was used to tie the new zone to technical zoning amendments. He commented that
there was insufficient research done by staff and voiced opposition to the minimum
City Council Meeting
Tuesday, January 18, 2000 - 4:00 p.m.
Page 4
standard off ive acres. Vice Mayor Schwartz urged the Council to take no action at this
time, asked staff to bifurcate the agricultural zone from the technical amendments, and,
further, to conduct a serious study of agricultural zones and those parcels within the City
limits and the extended green belt area which would be better protected by an agricultural
zone. Finally, he predicted that an EIR would be required and proposed that public
hearings be held before the Planning Commission and the City Council.
In response to Council inquiry, City Attorney Jorgensen advised that the environmental
review done in conjunction with the zoning ordinance amendment was appropriate and
defensible. He added that the agricultural zone will apply to specific pieces of property in
the future and can be considered a planning tool.
ACTION: Moved by Marx/Ewan to grant final passage to Ordinance No. 1365; motion
carried 3:2 (Romero, Schwartz).
C5. 1999 -2001 COST ALLOCATION PLAN.
ACTION: Moved by Romero/Ewan to approve the 1999 -2000 Cost Allocation Plan;
motion carried 5:0.
C6. APPRAISAL SERVICES AGREEMENT: PALM STREET /COURT STREET PROJECT.
C7.
ACTION: Moved by Romero/Ewan to 1) approve an agreement with Ventura
Appraisal Consulting Corporation to perform property appraisals for the Palm
Street -Court Street project in the amount of $20,000. 2) Appropriate $20,000 from
the unreserved General Fund balance to fund this work; motion carried 5:0.
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ACTION: Moved by Romero/Ewan to 1) authorize the Utilities Director to advance
funding to the U.S. Army Corps of Engineers for review associated with the Salinas
Reservoir Expansion Project to a maximum amount of $80,000. 2) Appropriate
$80,000 from the unreserved Water Fund balance to fund this cost; motion carried
5:0.
C8. STENNER CANYON HYDROELECTRIC PLANT FEASIBILITY STUDY.
ACTION: Moved by Romero/Ewan to 1) approve a contract with Henwood Energy
Services, Inc. in the amount of $29,000 for a study of the Stenner Canyon
Hydroelectric Plant and authorize the Mayor to execute the contract. 2) Appropriate
an additional $9,000 from the Water Fund Working Capital for this study; motion
carried 5:0.
C9. MODIFICATION OF STREET DESIGN STANDARDS.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9006 amending the City's
street design standards; motion carried 5:0.
C10. RESOLUTION OPPOSING PROPOSITION 28.
ACTION: Moved by Romero/Ewan to adopt Resolution No. 9007 opposing
Proposition 28 (which would repeal the Tobacco Tax imposed by Proposition 10);
motion carried 5:0.
City Council Meeting Page 5
Tuesday, January 18, 2000 - 4:00 p.m.
PUBLIC HEARINGS
2. CITY -WIDE CROSSWALK POLICY AND UPGRADE PROGRAM.
Deputy Public Works Director Bochum presented an in -depth staff report.
Mayor Settle opened the public hearing.
Willow Kelly, 1121 Orcutt Road, submitted a fifteen -page petition urging the City Council to
install a crosswalk at 1090 and 1092 Orcutt Road (petition on file with the City Clerk). She
explained that there is no legal crosswalk within a half mile of the area and given the
number of seniors and disabled residents in the area, believes that the Council should
place consider the request a high priority.
Bill Storm, 3057 S. Higuera Street #96, asked the Council to consider the need of additional
pedestrian crossings in the downtown.
Pamela Werth, 1255 Orcutt Road #A4, spoke in support of a crosswalk on Orcutt Road.
Elizabeth Brunner, 1519A Beach Street #A, urged the Council to make a correlation between
those who ride mass transit and who are also pedestrians. She observed that many bus
stops in town are placed in locations which make it extremely difficult for bus riders to
safely cross the street and/or make connections easily.
Don Nicholson, 651 Patricia Drive (Principal of Sinsheimer School), commented that
Johnson Avenue, Sydney Street, Orcutt Road and Laurel Lane all warrant priority
consideration. He voiced support for the proposed policy and asked the Council to
consider the difference between normal and school crossings.
Jim Erb, 2448 Johnson Ave, voiced concerns regarding the safety of pedestrians on
Johnson Avenue and Sydney Street. He suggested that the Council consider a refuge
island in the middle of the intersection.
Dave Spaur and family, 3925 Poinsettia, commented in support of the recommendations
and a uniform standard throughout the neighborhoods. He pointed out that Poinsettia
Street and Tank Farm Road are only identified by paving and are not striped. The
intersection for pedestrians is a dangerous one, he commented, and asked Council to
consider improvements at this location sooner than in 24 months.
Gary Fowler, 777 Mill Street, observed that signalized crosswalks give people a false sense
of security and suggested that attention be given to the downtown, particularly where there
are media boxes on the curb and sidewalk. He also proposed a crosswalk on Monterey in
front of the Government Center.
Lance Parker, Tank Farm Road/Poinsettia area resident, also expressed concerns about
pedestrian safety at the intersection of Tank Farm and Poinsettia. He reiterated the need for
more attention to that crosswalk.
Brett Cross, 1215 Mariner's Cove, suggested that the Council direct staff to take a look at
1 busy intersections in town, like the one on Tank Farm Road and Poinsettia.
Mayor Settle closed the public hearing.
City Council Meeting Page 6
Tuesday, January 18, 2000 - 4:00 p.m.
Council discussion followed. Council Member Romero expressed concern that the title of
the agenda item does not provide the public with adequate notice about the staff's
recommendation to approve the installation of in- ground crosswalk pavement lighting at
the mid -block Marsh Street crosswalk. He voiced objection to the recommendation and
noted that he favors a signal at that location with proper timing. In addition, he stated that
push buttons at fixed -time signalized locations serve no purpose and suggested that they
be removed from Section H of the policy. City Attorney Jorgensen proposed that the first
sentence be amended by substituting the word "appropriate" for "all ". Council agreed to
the proposed modification.
Council Member Ewan voiced support for the policy and urged funding the program.
Council Member Marx commented that although she was in favor of the recommendations,
the Council might want to consider delaying action on the Marsh Street mid -block
improvements until after the pedestrian bridge from the parking structure has been
designed.
Vice Mayor Schwartz proposed that the Council direct staff to prioritize intersections and
identify funding needs within next 6 months. Staff agreed to do so by June, 2000.
Vice Mayor Schwartz commented that the diagrams attached to the policy are confusing and
suggested that they be modified to make them more clear. He proposed that the symbols
be placed on a key page. Council concurred with the recommendation and directed staff to
revise the diagrams.
Chief Gardiner predicted that as new locations are identified there will be an expectation of
added enforcement. He noted that while his department will continue to monitor new
pedestrian crossings closely, there has been no increase in staff for traffic enforcement to-
date. With the added pressure the department may be looking for additional resources, he
concluded.
ACTION: Moved by Marx/Schwartz to adopt Resolution No. 9008, as amended,
establishing the City of San Luis Obispo Department of Public Works Policy on
Pedestrian Crosswalks; motion carried 5:0.
ACTION: Moved by Schwartz/Ewan to approve, as part of the Marsh Street Parking
Garage Expansion project, the installation of in- ground crosswalk pavement
lighting to increase pedestrian safety at the crosswalk location; motion carried 4:1.
(Romero)
Break called at 10:02 p.m. Resumed at 10:15 p.m.
3. ABANDONMENT OF A PORTION OF THE SOUTHERLY CORNER OF NIPOMO
STREET AND DANA RIGHT -OF -WAY: ABAN 147 -99
Public Works Director McCluskev and Supervising Civil Engineer Kenny reviewed the staff
report.
Mayor Settle opened the public hearing. There was no public comment. Mayor Settle
closed the public hearing.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9009 to abandon a portion of
Nipomo Street and Dana Street right -of -way, subject to dedication of necessary
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Page 7
right -of -way for the proposed sidewalk realignment, as recommended; motion
' carried 5:0.
4. ABANDONMENT OF A PORTION OF HILL STREET RIGHT -OF -WAY,
NORTHWESTERLY OF MOUNTAIN VIEW STREET: ABAN 153 -99.
Public Works Director McCluskev presented the staff report.
Mayor Settle opened the public hearing. There was no public comment. Mayor Settle
closed the public hearing.
Council Member Romero expressed concern about access to one lot that appears to be
landlocked. At the suggestion of City Attorney Jorgensen , Council inserted the following
language to the resolution as Section 3. "Access will be provided to all legal lots.'; and re-
numbered the next two sections.
ACTION: Moved by Marx/Ewan to adopt Resolution No. 9010, as amended, abandon
a portion of Hill Street right -of -way, subject to reservation of public utility easement
and a lot line adjustment, as recommended; motion carried 5:0.
BUSINESS ITEM
5. REPROGRAMMING FUNDS DESIGNATED FOR THE BRIZZOLARA STREET SOUND
WALL PROJECT.
' Public Works Director McCluskev provided the staff report.
Mayor Settle opened the meeting for public comment.
Mike Spangler mentioned an on -going drainage problem on lower Higuera (Bridge Street to
Elks Lane) and reported that a capital improvement project to improve this area was
eliminated from the Capital Improvement Plan budget a number of years ago. He added
that the problem, after 26 years, still exists and has been enhanced by new development.
He encouraged the Council to set aside this money to ultimately solve this problem.
Mayor Settle returned discussion to the Council.
Public Works Director McCluskev clarified that STP funds can only be used for
transportation purposes, although General Fund money can be spent on storm drainage
projects. He reported that a storm water drainage improvement project is planned for the
area Mr. Spangler referred to, but added that it is in the third year of the budget and
currently unfunded. He discussed the timing of the project and emphasized that although
good storm drainage relief will be accomplished by making the improvements, all the
problems described by Mr. Spangler will not be solved.
Council Member Romero spoke in favor the staff recommendation and emphasized the
funds should be allocated for street maintenance.
Vice Mayor Schwartz suggested the that Council approve $25,000 of the funds proposed for
pavement management for Project 7 (Mission Plaza Expansion/Broad Street dog -leg). He
also proposed that the Johnson Avenue repaving project be considered the first priority.
City Council Meeting Page 8
Tuesday, January 18, 2000 - 4:00 p.m.
In response to inquiry from Council Member Marx, Public Works Director McCluskey
reported that the Council cannot delay reprogramming the funds and emphasized that the 1
funds will be lost if they are not designated.
ACTION: Moved by Romero/Marx to 1) direct staff to submit a request to the San
Luis Obispo Council of Governments (SLOCOG) to reprogram $500,000 of State
Transportation Improvement Program (STIP) funds for the following: A) First
Priority: Repave a portion of Johnson Avenue (which shall be the priority), segment
yet to be determined, and B) Second Priority: Repave Osos -Santa Barbara Street
from just south of Marsh Street to Broad Street. 2) Conceptually approve the
possible allocation, if needed in the future, of $75,000 of the General Funds used to
support the Pavement Management Program for landscaped enhancements to the
"City Side" of the Brizzolara Street sound wall, if they are needed; motion carried
5:0.
LIAISON REPORTS
LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE
Vice Mayor Schwartz reported that the Committee adopted its Annual Work Program which
includes: 1) Fiscal reform and constitutional amendments. 2) Tele- communications and the
Internet 3) Monitoring Federal block grants, the State Board of Equalization, Propositions 62
and 218, vehicle license fees and changes in fees. 4) Subcommittees (which will be formed
on an as needed basis).
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY ( SLORTA)
Council Member Romero reported that the SLORTA Board directed staff to investigate the
allocation approach for overhead for the fixed route and demand responsive programs. Staff
will formulate a plan to reduce cancellations and no-shows for the Run -About system.
Additionally the Board is planning the recruitment process for hiring a full -time transit
manager for the SLORTA system.
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG
Council Member Romero reported that major work is being done on various segments of
Highway 46 with the four -lane segments from Paso Robles to the roadside rest stop
expected to begin in 2005. The total expected to be expended in the next few years is in
excess of one hundred million dollars. Safety improvements are proposed for Highway 166
between'Highway 101 and the Kern County line.
PERFORMING ARTS COMMISSION (PAC)
Council Member Romero reported that the acoustic clouds study was underway. He also
stated that the new campus parking structure requires retrofitting and although the
appearance of the structure will not be altered, it will delay the completion of the project.
ECONOMIC OPPORTUNITY COMMISSION (EOC)
Council Member Marx reported that Governor Davis has released $3,000,000 for childcare;
however, this money will not assist families in San Luis Obispo. She added that she
remains concerned about the Governor's recent veto of $50,000,000 for childcare programs
for low- income families.
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City Council Meeting Page 9
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Council Member Marx asked Council to consider assisting the San Luis Obispo County
Genealogical Society in their search to find a suitable site to relocate their library. Council
directed staff to call the Genealogical Society and encourage them to make other contacts
(suggestions included the Church of Latter Day Saints, County Administrative Office, Cal Poly
History Department and CalTrans).
Council Member Marx suggested that reminders to register to vote before the March primary
be included in City utility bills. Council referred the suggestion to City Administrative Officer
Dunn.
Council Member Manx requested that Council consider an ordinance that would limit formula
restaurants in San Luis Obispo. City Attorney Jorgensen advised Council that adopting such
an ordinance would apply to many other types of franchises as well, and could result in
unintended consequences. He agreed to obtain the City of Solvang's local ordinance, contact
the League of California Cities, and provide the information to Council.
Council Member Romero announced that the next Channel Counties Division meeting will be
February e in Solvang. He noted that he will be asking for the Division to support a five
percent increase in dues for the League of California Cities.
Mayor Settle reported that Governor Davis has granted nine million dollars to Camp San Luis
Obispo for the purpose of a turnaround boot camp. He noted that he has asked City Attorney
Jorgensen to advise the Council about how this will impact the City of San Luis Obispo,
Cuesta Junior College and Cal Poly.
Vice Mayor Schwartz asked City staff to be more cognizant of over generalizing titles of
agenda report items especially when recommendations require two or more separate actions
and involve divergent viewpoints.
There being no further business to come before the City Council, Ma or adjourned the
meeting at 11:30 p.m. to Tuesday, February 1, 2000 at 7:00ep io the uncil hamber, 990
Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 211/00
LP:dr
Lee Pridp, C.M.C.
City Clerk