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HomeMy WebLinkAbout03/07/2000MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 7, 2000 - 3:00 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; Jim Gardiner, Police Chief; John Moss, Utilities Director; Wayne Peterson, City Engineer; Barbara Lynch, Civil Engineer; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAO; Jeff Hook, Associate Planner; Whitney Mcllvaine, Associate Planner PRESENTATIONS W P1. GRAND JURY AWARENESS MONTH. ACTION: Continued to March 21, 2000. P2. DOWNTOWN ASSOCIATION BEAUTIFICATION AWARDS. Awards were presented to owners and architects for the following: San Luis Trust Bank, Autoquest, San Luis Diagnostics, Chef Em's, Law office of William S. Walter, Fishdaddy's, the Volny Heritage Clock Plaza, Kennedy Club Fitness, L'Artiste Gallery, Duncan's Pampered Pets, Forden's, the Wineman Hotel, Copeland Building, Carl's Jr. Restaurant #138, and A & R Furniture. PUBLIC COMMENT Greg Smith, Pampered Pets, reported to the Council that a window was broken at his store during the Mardi Gras Parade. In addition, he noted that there was also evidence of gang - style tagging and public urination. Betty Kyker, San Luis Obispo resident, expressed concern about behavior she observed at Mardi Gras. (Note: City Administrative Officer Dunn reported that both City staff and Mardi Gras organizers are currently evaluating the event A report is forthcoming with options for 1 better control.) City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. Page 2 Willow Kelley urged Council not to endorse the Gazette policy. She also submitted a letter asking the Council to consider as a high priority the installation of a crosswalk at Marvin Gardens on Orcutt Road. Council directed Public Works staff to prepare a memo to Council analyzing pedestrian safety in that area and examine the need for a crosswalk at that location. CONSENT AGENDA ACTION: Moved by Romero /Schwartz to approve the consent agenda (with exception of #1) as recommended by the City Administrative Officer; motion carried 5:0. C1. COUNCIL MINUTES OF TUESDAY, FEBRUARY 29, 2000. ACTION: Moved by Romero/Schwartz to continue to 3/21; motion carried 5:0. C2. USE OF ENHANCED PROMOTIONAL FUNDS FOR CENTRAL COAST BOOK AND AUTHOR FESTIVAL. C3. ACTION: Moved by Romero/Schwartz to approve the Promotional Coordinating Committee's recommendations to allocate $5,000 of Enhanced Promotional Funds for the first annual Central Coast Book & Author Festival; motion carried 5:0. ACTION: Moved by Romero /Schwartz to appoint Doug Shaw, Bob Schinkel, Correne Weaver, Brett Weaver and Vince Burke to the San Luis Obispo Downtown Association Board of Directors; motion carried 5:0. C4. RENEW MATCHING CITY FUNDS FOR JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT. C5. C6. ACTION: Moved by Romero /Schwartz to renew participation in the Juvenile Accountability Incentive Block Grant Program and appropriate $1,310 from the Unreserved General Fund Balance for the City's matching requirement; motion carried 5:0. NOS. 175-98 AND 208 -98. ACTION: Moved by Romero /Schwartz to adopt Resolution No. 9020 accepting the negotiated exchange of property-tax revenues and annual property-tax increments for the Northwest Margarita Area Annexation, under which the City will receive one - third of the increased property taxes from the part of the area that is designated for residential use; motion carried 5:0. AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY - TAX REVENUES FROM THE BISHOP AND MAINO OPEN SPACE ANNEXATION (LOCAL AREA FORMATION COMMITTEE APPLICATION NO. 58, CITY APPLICATION NO. 10 -98). 1 City Council Meeting Page 3 Tuesday, March 7, 2000 - 3:00 p.m. ACTION: Moved by Romero /Schwartz to adopt Resolution No. 9021 accepting the 1 negotiated exchange of property -tax increments for the Open Space Annexation of Bishop Peak and the Maino Family site; motion carried 5:0. C7. APPROVAL OF PURCHASE OF REAL PROPERTY IN STENNER CANYON FROM UNION PACIFIC RAILROAD COMPANY. ACTION: Moved by Romero /Schwartz to 1) approve the purchase of a 49 -acre property in Stenner Canyon from the Union Pacific Railroad Company for $65,000, plus an allowance of $5,000 for closing costs. 2) Bring forward and appropriate $70,000 from the Capital Improvement Plan's Salinas Reservoir Mitigation Program (previously scheduled for 2002 -03) to fund the purchase; motion carried 5:0. C8. WIDE AREA NETWORK IMPROVEMENTS. ACTION: Moved by Romero /Schwartz to 1) continue implementing the City's fiber optic communication network strategy and improving the wide area network by installing conduit on Chorro Street between Palm Street and Lincoln Street. 2) Authorize the City Administrative Officer to sign an agreement with Leo Tidwell Excavating Corporation in an estimated amount of $19,500 for installing the conduit. 3) Appropriate $19,500 from the General Fund for installing the conduit; motion carried 5:0. APPOINTMENTS Al, APPOINTMENTS TO THE BICYCLE ADVISORY COMMITTEE. ACTION: Moved by Ewan/Romero to reappoint Tim Valentine to a four -year term to end on March 31, 2004, and reappoint Richard Lee to a three -year term to end on March 31, 2003; motion carried 5:0. A2. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE. ACTION: Moved by Ewan/Romero to reappoint Dr. Walter Rice as technical representative for one year to expire on March 31, 2001, and appoint Sonja Wadman as the student representative for a three -year term to expire on March 31, 2003; motion carried 5:0. A3. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION. ACTION: Moved by SchwartzlEwan to reappoint Teresa Larson for a three -year term to expire March 31, 2003, and reappoint Debbie Black to a four -year term to expire on March 31, 2004; motion carried 5:0. A4. APPOINTMENTS TO THE JOINT USE COMMITTEE. Item continued to 3/21/00. A5. APPOINTMENTS TO THE CULTURAL HERITAGE COMMITTEE. ACTION: Moved by Settle/Ewan to reappoint Bob Schrage to a four -year term to expire on March 31, 2004, and reappoint Matt Whittlesey to a three -year term to expire on March 31, 2003; motion carried 5:0. City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. Page 4 A6. APPOINTMENT TO THE TREE COMMITTEE. ACTION: Moved by Settle/Romero to reappoint Barbara Murphy to a one -year term to expire on March 31, 2001; motion carried 5:0. At the request of Downtown Association Administrator Holley, the Council took up the following item out of sequence. 5. "DOWNTOWN ART" PUBLIC ART SCULPTURE PROGRAM. Downtown Association Administrator Holley provided the staff report and responded to questions from the Council. Mayor Settle opened the meeting for public comment. None. Mayor Settle returned discussion to the Council. ACTION: Moved by MarxlRomero to approve the Downtown Public Art Sculpture Program initiated by the San Luis Obispo Downtown Association to have sculpture art situated on sponsored bases appearing in locations around the downtown; motion carried 5:0. PUBLIC HEARINGS 1. APPEAL OF TREE COMMITTEE'S DECISION APPROVING A TREE REMOVAL AT City Engineer Peterson presented an overview of the staff report. Mayor Settle opened the public hearing. Dr. Matthew Kim, applicant, spoke in support of removing the subject tree and responded to questions from the Council. He suggested that the City consider changing the downtown core boundaries to allow more flexibility and contributions to the parking fund. Brian Christianson, appellant, spoke in support of the appeal. He urged the applicant to consider other options to removing the tree, including pruning and re- striping of the parking lot. Mayor Settle closed the public hearing. City Arborist Martin responded to questions from the Council. ACTION: Moved by Romero /Schwartz to adopt.Resolution No. 9022 denying the appeal and upholding the Tree Committee's decision to approve a tree removal request at 1370 Chorro Street; motion carried 5:0. City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. Page 5 The Council also directed staff to explore the idea of expanding the boundary of the downtown parking district, as part of the study of downtown parking and/or next year's Council goals setting process. 2. ENVIRONMENTAL DETERMINATION FOR HIGUERA STREET BRIDGE REPLACEMENT, SPECIFICATION NO. 9367. City Engineer Peterson and Civil Engineer Lynch presented the staff report. Council questions followed about the time -lines for obtaining necessary permits by other agencies and the beginning of construction. Council Member Marx noted that the mitigated negative declaration was missing certain exhibits. Mayor Settle voiced concern about the potential for challenges to the environmental review process and proposed that the matter be postponed for two weeks. Staff noted that the missing references was an oversight and indicated, with some reluctance that a two week continuance should not delay the timely start of the project and provide the Council with the opportunity to review all the documentation. Mayor Settle opened the public hearing. Dave Schultz, Osos/Higuera Streets business owner, cautioned the Council against delayintq the project for two weeks. He speculated that if construction does not begin by June 15 , the project will have to be postponed until next year. Mayor Settle closed the public hearing. City Administrative Officer Dunn recommended that the Council meet on March 14th at 4 p.m. to expedite. 3. ACTION: Moved by Marx/Ewan to continue this item to a 3/14 at 4:00 p.m.; motion carried 5:0. 206-99). Community Development Director Jonas and Associate Planner Mcllvaine provided the staff report. Council questions followed. Vice Mayor Schwartz and Council Member Romero raised questions regarding the adjacency requirement of the Farm Supply parcel. Staff stated requirements are covered by the three -parcel annexation. Mayor Settle opened the public hearing. Applicant representatives, Jim Brabeck, Farm Supply, and Kim Hachen, A & R Welding, spoke in support of the annexation. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Schwartz to 1) introduce Ordinance No. 1366 adopting the Mitigated Negative Declarations of Environmental Impact (ER 213-99,188-99 and 206 -99) and prezoning the annexation areas Manufacturing (M) and Service Commercial (C -S). 2) Adopt Resolution No. 9023 recommending that the Local Area City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. 4. Page 6 Formation Committee (LAFCO) approve the annexations. 3) Authorize the Mayor to execute the pre - annexation agreements with the applicants providing for payment of fees consistent with the interim annexation policy; motion carried 5:0. COUNTY. Council Member Marx announced that because she serves on the Boards of the EOC and EVC, she will refrain from taking action on those matters relating to the EOC. Associate Planner Hook provided the staff report. Mayor Settle opened the public hearing. Rob Strong, Strong Planning Services (representing Caldwell and Fleming), summarized his letter to the Council (submitted and part of the record) urging the Council to approve some funding to assist in the land acquisition for the Gateway Motel and Housing Project. Steve McGrapf and Katherine Mannibam of the EOC expressed appreciation to the Council for their support. Rachel Richardson, Supportive Housing Consortium, voiced appreciation for past support and commented that housing for the very low income is desperately needed. George Moylan, Housing Authority, also spoke about the need for more affordable housing. Rob Strong stated that he will support staff's recommendation. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Romero to 1) approve the 2000 CDBG Program activities and funding and the Draft 2000 Consolidated Plan One -Year Action Plan. 2) Endorse the recommended HOME and Special Urban Projects funding. 3) Forward the Council's actions and funding recommendations to the San Luis Obispo County Board of Supervisors; motion carried 4:0:1 (Marx refrained from action on items relating to the EOC). (See Page 4 for item #5) 6. APPROVAL OF A PERMANENT LOCATION FOR THE SAN LUIS OBISPO LITTLE THEATER. Assistant to the CAO George presented the staff report and responded to questions. Mayor Settle opened the meeting for public comment. Tom Swem, Chairman of the Downtown Association Parking Committee, voiced concern for the loss of parking with the preferred option. He suggested that if parking enterprise funds were used to build the lot, the City should find a way to recoup the money. 1 1 City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. Page 7 Jeff Lee, SLO Little Theater, spoke in support of the recommended alternative and summarized fundraising campaign goals. He also introduced George Garcia, architect, who will be designing the facility. Mayor Settle returned discussion to the Council. Vice Mayor Schwartz will go along with the recommendation, but would prefer Alternative "B" because it would create a landscape buffer between the site and the adobe. In addition, it would provide the ability to build a parking structure to be used by all the cultural facilities in the immediate area. For those reasons, he said he would like to see the City try to acquire the property at 614 Monterey Street (currently not available). Council Member Romero will support but issued concern that the Council may have to draw the line to prevent being asked to provide locations for other theater groups. He said that the Parking Fund should be compensated for the parking spaces. Assistant City Administrative Officer Hampian pointed out that the agreement has and will continue to have a provision that allows for other groups to use the theater facilities. City Admini- strative Officer Dunn advised that the proposed option provides the most flexibility. He added that the building design and specifics relative to the use of the facility will come back for review by the Council in the future. ACTION: Moved by Ewan/Marx to 1) conceptually approve the relocation of the San Luis Obispo Little Theater ( SLOLT) to a portion of parking lot #14 at 630 Monterey Street (Alternative A), but allow for a change to Alternative B (610 and 614 Monterey Street) if the 614 Monterey Street property should become available to the City before SLOLT is ready to finalize its construction design. 2) Direct staff to negotiate a Memorandum of Understanding with SLOLT relating to its eventual relocation; motion carried 5:0. 7. NEW LEASE WITH THE SAN LUIS OBISPO CHILDREN'S MUSEUM. Assistant to the CAO George provided the staff report. Council Member Marx suggested the addition of an anti - discrimination clause, similar to the lease with the Boy Scouts. Council concurred and directed staff to make that revision. Mayor Settle opened the meeting for public comment. Kathleen Wolf, Executive Director of the Children's Museum, spoke in support of the staff recommendation and expressed appreciation. Mayor Settle returned discussion to the Council. ACTION: Moved by Romero/Ewan to approve a long -term lease agreement with the San Luis Obispo Children's Museum for property located at 1010 Nipomo Street; motion carried 5:0. 8. COUNCIL DISCUSSION CONCERNING SLO GAZETTE POLICY. This item was placed on the agenda by the Council under Communications at the February 29, 2000 meeting at the request of Council Member Marx (memo on file with the City Clerk). Council agreed to take public testimony before discussion. City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. Public Comments: Page 8 Steve Owens, publisher of the SLO Magazine and SLO Gazette, commented that the paper does not discriminate against any person or lifestyle and will continue to write about all the people who are doing good things in the community. He stated that the paper's policy is to stay away from issues regarding abortion. In addition, there are standards relating to nudity in advertising. In closing, Mr. Owens stated that the paper wants to remain neutral and confirmed that no opinion is edited. Mike Sparrow, Pastor for Agape Christian Fellowship, remarked that the Gazette should be free to represent who they wish, but the Council should remain neutral. Dale German. Pastor of the Nazarene Church, asked the Council not to misuse their positions to take a public stand against a law- abiding business. Do nothing, he said. Trent Lunsford. SLO resident, stated that the paper is positive and he enjoys reading it. Marcie Cooper, receptionist for the Gazette, reported that she personally has taken many "ugly" calls and reminded the Council that there are two sides to the issue. Mark Brazil urged the Council to continue writing columns for the Palm Street Perspective, because it provides a great public service. Patricia Gomez, SLO resident, agreed that the Council columns provide a good public service, but urged the Council to be sensitive to the entire community. ---End of public testimony— Council Member Marx read her memo to the Council dated February 23, 2000. Mayor Settle read for the record the Human Relation Commission memo (on file with the City Clerk) recommending that the Council no longer support the Gazette. Council agreed to discuss the Palm Street Perspective issue separately from the issue of city advertising in the Gazette. Council discussion ensued. ACTION: Marx/Ewan to move that the City of SLO suspend advertising in the Gazette newspapers until such time as the Gazette clarifies its policy regarding discrimination against gay and lesbians, and its decision to not publish anything mentioning abortion, and further, that once the clarification has been made to make a decision as to whether to resume; motion carried 4:1 (Romero). ACTION: The Council agreed that decisions to write articles for the Gazette's Palm Street Perspective shall be made individually by each council member. 1 COUNCIL LIAISON REPORTS L1. ECONOMIC OPPORTUNITY COMMISSION (EOC). Council Member Marx reported that the Governor has restored funding for CalWORKs (child care program) and the EOC has received an augmentation of $607,808 for Stage 1 of program). 1 1 L 1 City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. L2. PERFORMING ARTS CENTER (PAC). Page 9 Council Member Marx summarized a written report (on file with the City Clerk) regarding the PAC Outreach Services Program, which outlines the program's mission statement and goals. L3. SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG). Council Member Romero summarized agenda items reviewed by the SLOCOG on 212/00. A progress report was provided by CalTrans on the Cuesta Grade project, the Executive Director's Report was received, took testimony on the unmet transit/bikeway needs, reviewed the 2000 Legislative Program and approved the State Highway Operations and Protection Plan. (Written report on file with the City Clerk). L4. SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY (SLORTA). Council Member Romero reported that the Board agreed to conduct a nationwide recruitment for the Regional Transit Manager position. SLO County Personnel will administer the recruitment. L5. CMC CITIZEN'S ADVISORY COMMITTEE. Council Member Romero noted that the Committee met with on 2/23/00 to receive a report on the prison population. The number of inmates has declined, with approximately 6,650 now being housed at California Men's Colony. L6. NPDES STORM WATER REGULATIONS. Council Member Romero reported that the second phase of the Clean Water Act of the 1970's is underway. The program is a massive effort to address non -point sources of pollution, with particular emphasis on municipal storm water drainage systems and will have significant associated and unfounded costs. Public Works staff will be presenting a complete report to the Council in the near future. L7. ADVISORY BODY SUPPORT. Council Member Ewan summarized concerns expressed by applicants to the Mass Transit Committee and the Bicycle Advisory Committee about meeting schedules, communication between advisory bodies, membership mix and service complaints. Appropriate staff will meet and review recommendations for improvements. COMMUNICATIONS COMM. 1 ORCUTT ROAD OVERPASS. Council Member Romero urged Council to direct staff to proceed quickly with funding requests for the overpass. CAO Dunn reported that Council will review State Transportation Improvement Program (STIP) projects, including this one, at the meeting of March 21$`. City Council Meeting Tuesday, March 7, 2000 - 3:00 p.m. COMM. 2 NEW CAL POLY MASTER PLAN. Page 10 Vice Mayor Schwartz recommended that the Council hold a study session as soon as the Plan and Environmental Impact Report have been released. Staff directed to draft a letter for the Mayor's signature to be sent to President Baker requesting that Cal Poly present the Master Plan, upon its release, to the City Council in a study session. COMM. 3 REPORT FROM AUTO DEAL SUBCOMMITTEE. Council Member Ewan reported that staff intends to bring to the Council in the near future a new proposal for the McBride property. If Council finds the overall concept acceptable, staff will ask for direction to proceed to more formal negotiations. COMM. 4 BUILDING PERMITING INFORMATION Vice Mayor Schwartz requested that Community Development Department staff provide to Council copies of building permit activity to help them stay better informed. Council agreed and directed staff to copy the Council with the "Permit Register" twice per month - at "mid point" and at the end of each month. COMM. 5 ADVISORY BODY COMMISSION & COMMITTEE PROFILES Council Member Ewan and Council Member Schwartz summarized ideas for better acquainting the public with representatives on the Council's advisory bodies. Staff will meet with council members to explore ideas and develop a program. COMM. 6 SLO COUNTY VISITORS & CONFERENCE BUREAU (VCB) Mayor Settle commented that a recent situation has raised the issue of whether a non- member of the San Luis Obispo County VCB should be included in referrals by the VCB. He proposed that the matter be referred to the Promotional Coordinating Committee (PCC). Council referred the matter to the PCC to review concerns, develop a response and return with a recommendation. There being no further business to come before the City meeting at 8:17 p.m. at 4:00 p.m. The next regular eei 7:00 p.m. in the Council Chamber, 990 Palm Street, SAn I Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 3121/00 LP:dr imed the 21, 2000 at 1