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08/03/2001' MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, AUGUST 3, 2001 - NOON COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Ron Whisenand, Deputy Community Development Director PRESENTATION ' SAN LUIS OBISPO COUNTY PLANS FOR NEW COUNTY ADMINISTRATION BUILDING Mayor Alien Settle provided introductory comments, noted that the Council was pleased with the opportunity to provide comments to the Board of Supervisors on preliminary plans for the new building and clarified for the public that the City Council has no jurisdiction to approve or disapprove the project. He added that the City is on record in support of County offices remaining in the downtown and extended appreciation to the County Administrative Officer for his willingness to provide this presentation. David Edge, County Administrative Officer, and Greg McDougall, County General Services, architects David Hobsetter and Christina Fowler (KMD Architects) presented an overview of the design, layout, time frame and construction Impacts of the new County administration building. Public Comments: Karen Adler, 1676 Fredericks Street (and owner of the Dean Whittier property downtown), summarized comments In her letter to the Council distributed at the meeting (on file in the Office of the City Clerk) and expressed concern that the project will impact the downtown and her property. She urged the County to. not the rush the project and Implored the Council to make the County solve their parking problems first. Marguerite Stafford, 672 Serrano #6, expressed concern about the size of the building. She said it is too massive for downtown and asked the County to consider building at Prado ' and Elk Lane. City Council Meeting Page 2 Friday, August 3, 2001- Noon Andrew Carter, 1283 Woodside, expressed strong support for this building being in the downtown. He urged the County to purchase the Buona Tavola property and make use of it In the plans as well to avoid the appearance of a "cinderbox shoebox" look that lacks architectural merit. He added that the City should demand that the County Implement a parking demand reduction program like the City's, particularly for County employees. Mary Beth Schroeder, 2085 Wilding Lane, argued that parking needs to be addressed and that the project is out of context. Fred Vernacchia, 1100 Monterey Street, expressed concerns about height, mass, parking, and inconsistencies in materials presented by the architect during previous advisory body meetings on this matter. He argued that 323 parking spaces would be required if any other project were to develop at this site and indicated that the net number of new parking spaces will be only 50. The true parking impact has not been studied he declared. In closing, he expressed doubts that there will be a three to five percent increase in employee productivity because of natural lighting as is claimed by the architect. Greg Wynn, local architect, expressed concern about scale and parking. He urged the County to take more time to study the design. Dave Romero urged the Council to move forward quickly with the proposed Palm II Parking Structure or a garage in the Santa Rosa block to address the lack of parking in the downtown. Ken Haggard, Santa Margarita architect, suggested that the building be curved in the back as is planned for the front. He argued that there is science behind the concept of increasing productivity with the use of natural light and encouraged the design to include additional windows or other opportunities to increase natural lighting. William Mosier, Garden Street, voiced concern about the ever - increasing expectation that government has to continue to grow and objects to not being subject to its own design standards. He stated that he feels that the public has had little opportunity to be informed and the project seems like a "done deal." Gary Fowler, 777 Mill Street, expressed mixed feelings about the project because the parking problem is paramount. He announced that he will be putting together a group to oppose the closing of the Broad Street dog -leg and observed that if that is done, the City will only increase parking problems in the downtown. Marc Brazil. 1311 Pismo Street, stated that no environmental review or studies have been presented to the advisory bodies or the Council. He agrees that County offices should stay in the downtown but believes the Board of Supervisors has an obligation to make sure that parking problems are not exacerbated. He urged the Council to work with the County to resolve parking issues now and not later. —end of public comments— David Edge, County Administrative Officer, addressed comments made by the public. He emphasized that it would be cheaper for the County to build this project elsewhere, but the County and City want the County offices to remain in the downtown. He reported that the City approached the Board about working jointly regarding a parking solution and explained that a Memorandum of Agreement has been entered between the County and the City to do that He urged the Council to let him know If the Council's position has changed. He clarified that the County is not adding any new employees and that there will be no new City Council Meeting Page 3 Friday, August 3, 2001- Noon need for parking. Many employees who live In San Luis Obispo already use alternative ' parking measures, he added, and noted that the building will provide some parking. In addition, the CAD noted that the County's fueling facility will be moved and pointed out that eighty car trips a day in and out of the facility on Higuera Street will be eliminated. As far as the suggestion to acquire the Buona Tavola site, he noted that there is no interest by the seller to sell, no need for the property by the County, nor any desire to condemn it. Council input followed. Staff was directed to formulate a draft letter for the Mayor's signature including comments as follows: 1. Express appreciation to the County for: a) providing the Council with the presentation, b) for the County's continued commitment to downtown San Luis Obispo, and c) for the County's willingness to collaborate with the City on the project. 2. Emphasize the importance of constructing a quality building that retains many of the design enhancements and environmental sustainability elements in the current version of the plan. 3. Offer a design suggestion for the southeast corner of Monterey and Santa Rosa Streets. Softening the building mass and restudy how the Santa Rosa/Monterey corner of the building might be "opened up." Consider pedestrian views as well as the view from vehicles using Monterey Street and examine the option of reversing the curve of the Monterey Street facade. 4. Thank the County for its willingness to work jointly with the City to explore the ' development of a parking structure northeast of Santa Rosa Street and urge that this matter be expedited. 5. Encourage the County to continue parking demand reduction efforts, including increasing incentives for employee use of alternative transportation. Vice Mayor Ewan requested that staff provide an update in memo form at a later date on the status of City/County efforts to address parking issues. ACTION: Moved by Settle/Ewan to authorize the Mayor to sign a letter forwarding the City Council's comments to the Board of Supervisors; motion carried 5:0. APPOINTMENT Al. NOMINATION TO THE. BOARD OF DIRECTORS OF THE CENTRAL COAST COMMISSION FOR SENIOR CITIZENS, AREA AGENCY ON AGING. ACTION: Moved by Marx/Settle to nominate Robert Wright as the City of San Luis Obispo representative to the Central Coast Commission for Senior Citizens Area Agency on Aging Board of Directors for a two -year term appointment; motion carried 5:0. A2. APPOINTMENT RECOMMENDATIONS TO THE HUMAN RELATIONS COMMISSION . ACTION: Moved by Mulholland/Marx to make the following appointments: a) Appoint Paul Brown to an unexpired term to begin immediately, ending on 9- 30-02. b) Appoint Tom Hutchings to a three -year term to begin Immediately, expiring on 9- City Council Meeting Friday, August 3, 2001- Noon Page 4 30-04. c) Appoint Stephen Lamb, Bryan Gingg and Janna Nichols each to four -year terms beginning 10 -1 -01, expiring 9 -30-05; motion carried 5:0. CONSENT AGENDA Council Member Mulholland indicated that she would be voting in opposition to Items C1, C2, and C3. Council Member Marx indicated she would vote in opposition to Item C2. C1. 01 (VOLNY). ACTION: Moved by Ewan/Mulholland to grant final adoption of Ordinance No. 1393 (2001 Series); motion carried 4:1 (Muholland). C2. FINAL ADOPTION OF ORDINANCE NO. 1394 (2001 SERIES) PREZONING PROPERTY AT THE SOUTHWEST CORNER OF TANK FARM ROAD AND BROAD STREET TO COMMERCIAL- SERVICE WITH A PLANNED DEVELOPMENT OVERLAY (CANNON) PD 148-00. ACTION: Moved by Ewan/Mulholland to grant final adoption to Ordinance No. 1394 (2001 Series); motion carried 3:2 (Mulholland/Marx). C3. FINAL ADOPTION OF ORDINANCE NO. 1378 (2000 SERIES) PREZONING PROPERTY AT 4101 -4115 BROAD STREET (CREEKSIDE) TO SERVICE - COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY (C- S -PD). PD 209 -99. C4. C5. C6. C7 ACTION: Moved by Ewan/Mulholland to grant final adoption of Ordinance No. 1378 (2000 Series);. motion carried 4:1 (Muholland). ACTION: Moved by Ewan/Mulholland to grant final adoption to Ordinance No. 1396 (2001 Series); motion carried 5:0. CONTRACT FOR CITY ADVOCACY IN SACRAMENTO. ACTION: Moved by Ewan/Mulholland to approve contract with Michael J. Arnold and Associates in the amount of $37,800 for)egislative advocacy services In Sacramento and authorize the Mayor to execute the contract; motion carried 5:0. REDUCTION IN ADMINISTRATIVE USE PERMIT FEES FOR SPECIAL EVENTS SPONSORED BY NON - PROFIT ORGANIZATIONS. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9217 reducing administrative use permit fees for special events sponsored by non - profit organizations from $646 to $50; motion carried 5:0. STREET RECONSTRUCTIONIRESURFACING — FALL 2001, SPECIFICATION NO. 90012C. 1 1 1 t .. City Council Meeting Page 5 Friday, August 3, 2001- Noon ' ACTION: Moved by Ewan/Mulholland to 1) approve plans and specifications for "Street Reconstruction/Resurfacing — Fall 2001." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $1,250,000. 4) Authorize the transfer of $614,707 from the South Higuera Street Rehabilitation project account to the 1999/2001 Street Reconstruction/Resurfacing account; motion carried 5:0. C8. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS. ACTION: Moved by Ewan/Mulholland to 1) adopt Resolution No. 9218 adjusting annual salary of the City Administrative Officer. 2) Adopt Resolution No. 9219 adjusting annual salary and other benefits of the City Attorney; motion carried 5:0. C9. JACK HOUSE CARRIAGE BARN REHABILITATION, SPECIFICATION NO. 99624C. ACTION: Moved by Ewan/Mulholland to 1) approve plans and specifications for "Jack House Carriage Bam Rehabilitation, Specification No. 99624C." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award a contract if the lowest responsible bid is within the engineer's estimate of $50,000; motion carried 5:0. C10. REQUEST FOR PROPOSALS TO FURNISH UNIFORM AND LINEN SERVICES, SPECIFICATION NO. 90291. ACTION: Moved by Ewan/Mulholland to 1) approve the "Request for Proposals to ' Furnish Uniform and Linen Services, Specification No. 90291." 2) Authorize distribution of the request for proposals. 3) Authorize the City Administrative Officer to award a contract if contract prices are within the annual cost estimate of $65,300; motion carried 5:0. C11. CAL POLY FIRE SUPPRESSION CONTRACT EXTENSION. ACTION: Moved by Ewan/Mulholland to approve an extension of the existing Agreement for fire related emergency services between California Polytechnic State University and the City of San Luis Obispo to December 31, 2001; motion carried 5:0. C12. REGIONAL MARKETING SERVICES AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION (EVC) OF SAN LUIS OBISPO COUNTY. C13. ACTION: Moved by Ewan/Mulholland to approve 2001 -02 Agreement with the EVC in the amount of $15,000 for regional marketing services; motion carried 5:0. ACTION: Moved by Ewan/Mulholland to: 1) Authorize staff to seek proposals from qualified firms to prepare the necessary contract and environmental documents to permit removal of the defunct City-owned dam on upper San Luis Obispo Creek as a ' barrier to fish movements in the creek. 2) Authorize the City Administrative Officer to approve a contract if the total compensation to the successful proposal for the project is within the budget of $38,500.3) Authorize the City Administrative Officer City Council Meeting Friday, August 3, 2001- Noon Page 6 to approve a contract if the total compensation to the successful proper for the project is within the budget of $38,500; motion carried 5:0. C14. POLICE PATROL SEDAN PROCUREMENT FOR 2001 -02 (SPECIFICATION No. 90055). ACTION: Moved by Ewan/Mulholland to: 1) Approve the acquisition of five 2001 Crown Victoria Police Interceptors by purchase order in the amount of $128,404.99 to Downtown Ford Sales; motion carried 5:0. PUBLIC COMMENT Andrew Carter complained that the color of the new sign for the Madonna Inn is too bright. He suggested that the City ask Mr. Madonna to repaint the sign in a tone closer to the sign's original color pink. Mary Beth Schroeder urged the Council to put on an upcoming agenda a discussion about her petition signed by approximately 1,000 residents requesting that the City Council establish a new senior center at 1341 Nipomo Street. The matter was referred to the Parks & Recreation Commission. PUBLIC HEARING 1. APPEAL OF ARCHITECTURAL REVIEW COMMISSION ACTION TO APPROVE THE DESIGN FOR NEW OFFICE BUILDING WITH A HEIGHT OF 35 FEET AT 956 WALNUT (ARC 168 -00. DAVID SCARRY, APPLICANT /JOHN ATIYA. APPELLANT). (Continued from 7- 17 -01.) Ron Whisenand. Deputy Community Development Director, presented the staff report and responded to questions. Mayor Settle opened the public hearing. John Ativa, appellant, opposes the granting of an exception to build at the height of 35 feet because the privacy and view from his property will be damaged. If approved, the Council will set an undesirable precedent, he cautioned. Rob Strong, Strong Planning Associates (representing the appellant), stated that the ARC made findings that lacked facts. The property is not in the core of the downtown where there are three story buildings, he said, and pondered why the applicant doesn't seek a two story building as a more suitable alternative. He argued that there are no other three story buildings on the street, which faces residential development, and added that the building would not be condusive to the neighborhood. In closing, he asserted that the building, if approved, would degrade the appellant's property and intrude on the privacy of the residents. Photos were provided to demonstrate the character of the neighborhood and contemplating how the proposed building would look if constructed. David Scarry applicant, provided background and arguments In support of the project. He explained that staff had told him that a building of 35 feet could be approved administratively. Applicant's representative, John Knight, RRM Design Group, provided visual simulations of what the building would look like and summarized other area and zoning in town with similar height standards. He pointed out that there is a flexible height standard in this zone and City. Council Meeting Page 7 Friday, August 3, 2001- Noon argued that this is an appropriate site for a building of this height and proposed use. He clarified that the structure is not a three story buildirg but a two story building with parking underneath. He closed by commenting that the appellant has the same opportunity to redevelop his property with a building height of thirty five feet. Judy Sandoval. 9313 Musselman Drive in Atascadero (representing doctors and dentist who are interested in relocating their practices to this building) remarked that the intended use will be a benefit to the community. In response to inquiry from Council Member Schwartz, she said that office hours on the top floor will be from 8 a.m. to 5 p.m. five days per week. Rob Strong provided rebuttal comments. Mayor Settle closed the public hearing. City Attorney Jorgensen noted that the City does try to encourage designs that protect views while accomplishing goals of the project, however, there is no no legal entitlement to a view. He advised the Council to make a distinction between privacy and view. Council discussion followed. Council Member Mulholland expressed a desire to see the applicant provide freeway screening for the building and suggested redwoods or other appropriate landscaping. Council Member Marx concurred. Vice Mayor Ewan pointed out that the exception is allowed In the zoning and could be done on the other side of the street. He doesn't feel it will impact residents on the other side of the street particularly given the office hours of the new building's tenants. ' Council Member Marx encouraged the appellant to purchase a view shed easement from the applicant. Council Member Schwartz indicated support for the project and agreed to adding a treatment of landscaping as suggested by Council Member Mulholland. Mayor Settle concurred. City Attorney Jorgensen proposed an amendment to Condition L add. `; and substantial landscaping In consultation with the City Arbodst to effectively screen the structure from the freeway ". ACTION: Moved by Marx/Ewan to adopt Resolution No. -9220 upholding the action of the Architectural Review Commission denying the appeal and amending Condition L of the Conditions of Approval to provide for landscape screening of the structure from the freeway; motion carried 5:0. COUNCIL LIAISON REPORTS ZONE 9 ADVISORY COMMITTEE, SLO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MEETING ON JULY 18.2001. Council Member Schwartz provided summary remarks (report on file in the Office of the City Clerk). LEAGUE OF CALIFORNIA CITIES ENVIRONMENTAL QUALITY POLICY COMMITTEE. Mayor Settle provided a brief report on the last meeting. City Council Meeting Page 8 Friday, August 3, 2001- Noon COMMUNICATIONS Mayor Settle announced that October 10, 2001 has been selected as the date to hold a joint meeting of all the cities and the county regarding a proposed ballot measure to be co- sponsored by the League of California Cities and the California State Association of Counties attempting to achieve stronger constitutional protections for local revenues. Council Member Marx asked the CAD to forward to the City's Lobbyist information about the Local Government Commission. Council Member Marx suggested a celebration for the City's 150"' Anniversary. The matter was referred to staff. CAD Hampian reported that State funding expected to help pay for making improvements at- grade on the Orcutt Road railroad crossing is In jeopardy. Staff was given direction to prepare a letter for the Mayor's signature to present to SLOCOG at the next meeting on August 8"'. CAD Hampian reported that a letter had been received from Cal Poly in response to the City's concern about new enrollment and the lack of sufficient student housing. He noted that Cal Poly also extended an invitation to the City to join a working group to look at strategies to expand access to safe and affordable student housing. The Council directed staff to draft a letter for the Mayor's signature acknowledging the request and suggesting that the matter be placed on the agenda for the next City/University Luncheon. CAO Hampian distributed to the Council copies of the first City of SLO Environmental Stewardship Report, "hot off the press." The report will be distributed to many in the community as well as be included in grant applications. There being no further business to come before the City Council, Ma or Settle adjourned the meeting at 3:40 p.m. to Tuesday, August 21, 2001 at 7:00 p.m. in the Council hamber, 990 Palm Street, San Luis Obispo. j Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 8/21/2001 LP:dr