HomeMy WebLinkAbout07/02/2002r--
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 2, 2002 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz,
and Vice Mayor Jan Howell Marx
Absent: Mayor Allen 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; Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Tom Zuelner, Acting Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Betsy
DeJamette, Assistant to the City Administrative Officer; Tyler Corey,
Planning Technician
PRESENTATIONS
Utilities Director Moss introduced a new City Employee, Ray Hawkins, Water Reclamation
Facility Technician.
Downtown Association Administrator Holley presented a status update of the Downtown
Association Strategic Plan.
PUBLIC COMMENT
Sandi Sigurdson. 665 Buchon Street, SLO Symphony, expressed appreciation to the
Promotional Coordinating Committee for their recommendation for grant funding.
Gary Fowler, 777 Mill Street, said he had heard that the City has made home financing
available to the new Fire Chief and expressed a hope that this benefit would be afforded to all
employees. City Administrative Officer Hamafan clarified that staff anticipates taking a
proposal regarding a pilot program for housing assistance to the Council in September.
Pam Heatherington, 864 Osos Street, thanked the City for implementing the "mutt mitt"
program and indicated that it was a great first step toward creek protection.
' Mary Beth Schroeder, 2085 Wilding Lane, noted that she was displeased with City government
management.
City Council Meeting
Tuesday, July 2, 2002- 7:00 p.m.
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CONSENT AGENDA
ACTION: Moved by Schwartz/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 4:0.
MINUTES OF TUESDAY JUNE 11, 2002 AND TUESDAY, JUNE 18.2002.
ACTION: Moved by Schwartz/Mulholland to waive oral reading and approve as
presented; motion carried 4:0.
APPROVAL OF WATER RECLAMATION FACILITY, DIGESTER #1 REPAIR,
SPECIFICATION NO. 90325B.
ACTION: Moved by Schwartz/Mulholland to: 1) Approve plans and specifications
for Water Reclamation Facility, Digester #1 Repair, Specification No. 9035B. 2)
Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to
award the contract if the total project budget is less than $341,000;. motion carried
4:0.
RESOLUTION APPROVING EMPLOYMENT CONTRACTS FOR DOWNTOWN
ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR.
ACTION: Moved by Schwartz/Mulholland to adopt a Resolution No. 9336 (2002
Seriell approving the contracts of employment between the City of San Luis Obispo
and the Downtown Association Administrator and Promotions Coordinator; motion
carried 4:0.
ACTION: Moved by Schwartz/Mulholland to adopt Ordinance No. 1418 (2002 Series)
approving a negative declaration and prezoning the entire site Conservation/Open
Space (C /OS -40); motion carried 4:0.
APPROVAL OF SINSHEIMER PARKING LOT IMPROVEMENTS, SPECIFICATION NO,
99699.
ACTION: Moved by Schwartz/Mulholland to: 1) Approve plans and specifications
for Sinsheimer Park Parking Lot Improvements, Specification No. 99699. 2)
Authorize staff to solicit bids. 3) Authorize the City Administrative Officer to award
a contract if the lowest responsible bid is within the engineer's estimate; motion
carried 4:0.
C6. APPROVE AMBULANCE LEASE AGREEMENT.
ACTION: Moved by Schwartz/Mulholland to approve a lease agreement with the City
of San Luis Obispo and San Luis Obispo Ambulance, Inc. for rental of space within
Fire Station #1 and authorize the Mayor to sign the agreement; motion carried 4:0.
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Tuesday, July 2, 2002 - 7:00 p.m.
C7. APPROVE THE GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB) 34
' IMPLEMENTATION PLAN.
Staff responded to questions from Council Member Mulholland.
Public Comments:
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to spending any money on this
plan.
—end of public comments—
ACTION: Moved by Schwartz/Mulholland to: 1) Approve the GASB 34
Implementation Plan. 2) Award a contract to Harris & Associates for GASB 34
implementation assistance in an amount not to exceed $29,500; motion carried 4:0.
C8. APPROVAL OF TRAFFIC SIGNAL BATTERY BACKUP GRANT APPLICATION.
ACTION: Moved by Schwartz/Mulholland to: 1) Adopt a Resolution No. 9337 (2002
Series authorizing the Public Works Director to submit a grant application to the
California Energy Commission for $25,200 for the funding of battery backup
systems at ten signalized intersections Citywide. 2) Approve funding the required
City match from the existing Opticom and Battery Backup grant funding, amount
not to exceed $14,800. 3) Approve funding for the replacement of programmable
visibility incandescent lamps at the Chorro / Foothill / Broad intersection with
programmable visibility light emitting diode (LED) lamps from the existing Opticom
and Battery Backup grant funding, amount not to exceed $1,200; motion carried 4:0.
C9. FINAL ADOPTION OF ORDINANCE 1419 (2002 SERIES) PREZONING TO
ACCOMMODATE PROPOSED SPORTS FIELDS IN THE MARGARITA AREA, ON
BROAD STREET AT INDUSTRIAL WAY (R 44 -02).
ACTION: Moved by Schwartz/Mulholland to adopt Ordinance No. 1419 (2002 Series)
approving a negative declaration and prezoning most of the Damon - Garcia site to
Public Facility, while leaving the creek corridors zoned Conservation/Open Space;
motion carried 4:0.
C10. APPROVAL OF THE VEHICLE REPLACEMENTS FOR 2002 -2003.
ACTION: Moved by Schwartz/Mulholland to: 1) Approve an acquisition by purchase
order in the amount of $133,617.10 to Downtown Ford Sales for replacement of five
police patrol sedans. 2) Approve an acquisition by purchase order in the amount of
$38,529.18 to Folsom Lake Ford for replacement of two general - pickup trucks. 3)
Approve an acquisition by purchase order in the amount of $56,924.45 to Lasher
Auto Center for replacement of three special- purpose light trucks, including the
unscheduled replacement of a truck recently totaled In an accident. 4) Approve an
acquisition by purchase order in the amount of $63,379.35 to Swift Chrysler Dodge
for replacement of three special - purpose light trucks. 5) Approve an acquisition by
purchase order in the amount of $17,363.17 to Jamison Auto Center for replacement
of one special - purpose light truck. 6) Approve an acquisition by purchase order in
the amount of $20,328.88 to Pacific Honda for replacement of one general - purpose
t sedan. 7) Appropriate $26,000.00 from the unappropriated balance of the fleet
replacement fund for the unscheduled replacement of the recently totaled truck.
City Council Meeting
Tuesday, July 2,2002- 7:00 p.m.
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(Total Purchase Order Amounts: $329,513.00. Total Vehicles to be purchased: 15);
motion carried; 4:0.
C11. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF SAN LUIS OBISPO'S
PARTICIPATION IN TRY TRANSIT MONTH IN SEPTEMBER 2002.
ACTION: Moved by SchwartzJMulholland to approve a Resolution No. 9338 (2002
Series ) authorizing San Luis Transit's participation in Try Transit Month in
September 2002; motion carried; 4:0.
PUBLIC HEARINGS
1. APPEAL OF THE PLANNING COMMISSION'S DECISION DENYING A REQUEST FOR
A SIX -FOOT TALL FREESTANDING PRIVACY FENCE WHERE NORMALLY A FOUR -
FOOT TALL FENCE IS THE MAXIMUM HEIGHT ALLOWED IN THE R -1 ZONE.
Community Development Director Mandeville presented the staff report. He noted that the
applicant has proposed an alternative resolution by offering to lower the fence to four feet,
which would make the fence four and half feet high at the retaining wall. He indicated that
staff supported the alternative.
Vice Mayor Marx opened the public hearing.
Appellant Lora Cathcart 1515 Newport, provided background information and agreed to a
compromise of removing the lattice top and dropping the fence down to four feet.
Mary Beth Schroeder. 2085 Wilding Lane, argued that there should be more single family
residential (R -1) zoning in the community.
Vice Mayor Marx closed the public hearing.
Council Member Ewan and Council Member Mulholland voiced support for the
compromise.
Council Member Schwartz argued that the fence was out of character and agreed with the
Planning Commission recommendation to deny the appeal. He offered a motion to deny the
motion. The motion failed for a lack of a second.
Community Development Director Mandeville suggested modified language to approve a
fence height exception of 6 inches pursuant to the following findings:
1. Approval of a fence height exception at this location would not constitute a grant of
special privilege, an entitlement Inconsistent with other properties in the vicinity
with the same zoning because the 6- inches of additional fence height will be
compatible with the neighborhood.
2. The 4-foot 6 -inch fence Is consistent with General Plan Land Use Element Policy
6.6.2 because the outward street appearance of the subject building is not
substantially blocked from public view.
3. As conditioned, the 4-foot 6 -inch fence Is architecturally compatible with the
development on the site and surrounding neighborhood.
4. The proposed fence will not have any sight distance impacts for vehicles entering
and exiting the property.
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City Council Meeting
Tuesday, July 2,2002- 7:00 p.m.
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ACTION: Moved by Ewan/Mulholland to adopt a Resolution No. 9339 (2002 Series),
as amended, to deny the appeal and to approve a fence height exception of six
Inches pursuant to findings; motion carried 3:1 (Schwartz).
Community Development Director Mandeville presented the staff report.
Vice Mayor Marx opened the public hearing.
Applicant/appellant Bob Rice, 522 Broad Street, spoke to the merits of the appeal. He offered
to compromise by reducing the sound wall height to eight feet and noted that the wall would
not be seen because existing vegetation will screen it. He also encouraged the Council to
develop a multifaceted approach to noise pollution in this area and argued that the on/off
ramp should be closed.
Mel Lees, 540 Broad Street, spoke in favor of the appeal noting that noise was an issue in this
neighborhood. He encouraged the Council to approve the exception based on the
circumstances.
Mary Beth Schroeder. 2085 Wilding Lane, stated that a six -foot fence would be adequate.
Vice Mayor Marx closed the public hearing.
Council Member Ewan commented that he would support maintaining the current permit,
but suggested that the height of the fence be measured from the top of the sidewalk.
Council Member Mulholland voiced hope that Council would hold a discussion regarding
the noise and traffic impacts in this neighborhood: Regarding the appeal, she expressed
opposition to a ten foot sound wall because it would be excessive. She shared concern
about existing vegetation encroaching on Broad and Lincoln Streets, noting that the
sidewalk was almost unusable.
Vice Mayor Marx reported that City staff was coordinating a neighborhood meeting set for
July 18, 2002 to discuss issues regarding noise and traffic in the area. She invited Mr. Rice
to participate.
ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9340 (2002 Series) to
deny the appeal and modify the prior exception to allow the height to be measured
from the top of the sidewalk, and allow a six foot sound wall three feet back from
the edge of the sidewalk, one foot from the property line, on the Broad Street side;
with further direction to hold the line of sight back to a thirty inch height; motion
passed 4:0.
Vice Mayor Marx called a break at 8.52 p.m. Council reconvened at 9.02 p.m.
3. INTRODUCE AN ORDINANCE FOR THE COURT STREET REZONING TO ELIMINATE
AN EXPIRED PLANNED DEVELOPMENT OVERLAY ZONE (R 51 -02).
Community Development Director Mandeville presented the staff report.
Vice Mayor Marx opened the public hearing.
City Council Meeting
Tuesday, July 2, 2002 - 7:00 p.m.
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Mary Beth Schroeder. 20135 Wilding Lane, spoke against this development and urged the
Council to reconsider the project.
Vice Mayor Marx closed the public hearing.
ACTION: Moved by Mulholland/Ewan to introduce Ordinance No. 1420 (2002
Series ) as recommended by the Planning Commission, approving a Negative
Declaration of environmental impact, and amending the City's zoning map
designation from Central- Commercial with the Historical Preservation and Planned
Development overlay zones (C- C -H -PD) to Central- Commercial with the Historical
Preservation overlay zone (C -C-H) for the Court Street parking lot site (999 Monterey
Street), based on findings; motion carried 4:0
4. CONSIDERATION OF THE PLANNING COMMISSION RECOMMENDATION TO
DESIGNATION FROM SERVICES AND MANUFACTURING TO HIGH - DENSITY
RESIDENTIAL, AND AMENDMENT OF THE CIRCULATION ELEMENT REGARDING
THE SACRAMENTO DRIVE EXTENSION.
Associate Planner Hook presented the staff report and responded to questions from the
Council.
Public Comments:
Dan Lemburg, 560 Higuera Street (owner of 3210, 3220, 3230, 3240 Broad Street), summarized
comments in his letter to Council (on file in the Office of the City Clerk) requesting that any
consideration to rezone his property would be to a change it to Neighborhood Commercial
(CN) or Retail Commercial (CR). He responded to questions from the Council.
Dave Romero, 2057 Skylark, spoke in support of the staff recommendation.
Brett Cross. 1217 Mariner's Cove (speaking on behalf of the Board of Residents for Quality
Neighborhoods [RQN]), summarized points outlined in their correspondence to the Council
on this issue (letter on file in the Office of the City Clerk). He noted that RQN was supportive
of rezoning the property from Services and Manufacturing to High Density Residential if the
City adopted detailed design guidelines and a planned development overlay for the project
James Caruso, 3954 Sunrose Lane (speaking as a member of the public and not as a member
of the Planning Commission), spoke In favor of the staff recommendation and noted that the
San Luis Obispo real estate market shows that the City is in need of more high density
zoning. He also argued in favor of making improvements to traffic circulation by constructing
additional overpasses to decrease Impact on neighbors.
—end of public comments-
Council Member Schwartz expressed general support for the staff recommendation but
wanted the addition of a planned development overlay. He urged Council not to limit the
height to three stories, to seek opportunities for architectural design, to define creek set
backs, to appreciate the open space, to give variety to the units, to generate as much
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City Council Meeting
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housing as possible and to create a family- oriented neighborhood.
Council Member Ewan agreed and observed potential opportunities for circulation and
alternative transportation.
Council Member Mulholland voiced conceptual agreement to rezoning the property but
argued that it would be preferable to adopt design criteria and examine issues relating to
parking, density, low to moderate income housing, structures in the creek and the
Sacramento Road alignment, prior to taking any action.
City Attorney Jorgensen clarified that Council was not considering a rezoning at this time,
but rather the initiation of General Plan Land Use and Circulation amendments and
rezoning.
Vice Mayor Marx noted support for initiating the General Plan amendments and for
maximizing the use of the property by building as many units possible without impacting
the creeks. She concurred with Council Member Schwartz regarding architectural variety
and wanted affordable units built on site rather than deferring them to the inclusionary
housing fund. She also favored investigating ways to encourage alternative transportation
and shared concern about traffic impacts and the Sacramento Street alignment. She
expressed a desire to include Mr. Lemburg's property in the study and added that whatever
happens to his properties should remain compatible with the housing.
ACTION: Moved by Schwartz/Ewan to direct staff to initiate General Plan Land Use
and Circulation amendments and rezoning as recommended by the Planning
Commission; and to encourage staff to look at the multitude of concepts mentioned
' by the Council as well as the points outlined in the letter of June 28, 2002 from RON;
and, further, to examine area wide circulation as part of this study; motion carried
4:0.
5. APPROVE THE 2002 -2003 PROMOTIONAL COORDINATING COMMITTEE (PCC)
Assistant to the City Administrative Officer DeJarnette presented the staff report.
Promotional Coordinating Committee (PCC) Subcommittee Chairperson Hunt Roberts
recapped the PCC recommendations.
Public Comment:
Mary Beth Schroeder. 2085 Wilding Lane, reiterated hopes that Council would move the
Senior Center to 1341 Nipomo Street.
--end of public comment—
ACTION: Moved by Mulholland/Schwartz to adopt a Resolution No. 9341 (2002
Series ) as recommended by the Promotional Coordinating Committee (PCC),
approving 2002 -2003 grants -in -aid and authorizing the City Administrative Officer to
execute agreements with each grant recipient as described in Exhibit "A" attached
to the resolution, and Inclusive of any modifications made by the Council; motion
carried 4:0.
1 COUNCIL LIAISON REPORTS
City Council Meeting
Tuesday, July 2, 2002- 7:00 p.m.
Page 8
Council Member Ewan distributed a copy of the Air Pollution Control District (APCD) letter
regarding Union Pacific Railroad train engine complaints (on file in the Office of the City
Clerk).
Council Member Schwartz summarized his memo concerning the latest meeting of the
Highway One Ad Hoc Barrier Design Committee (on file in the Office of the City Clerk).
Council Member Mulholland reported an the Bicycle Committee meeting of June 20, 2002.
Vice Mayor Marx reported on the Performing Arts Center (PAC) Commission meeting of June
27, 2002 (memo on file in the Office of the City Clerk).
Council Member Ewan agreed to attend the Zone 9 meeting of August 14, 2002 on behalf of
Representative Marx and Alternate Mulholland, who are not able to attend.
COMMUNICATIONS
Council Member Schwartz announced that Mark Rawson resigned from the Architectural
Review Commission and requested that staff put the matter of appointing his replacement on
the Council agenda. City Clerk Price noted that the matter has been set for July 16, 2002.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:50 p.m. to Tuesday, July 16, 2002 at 4 :00 p.m. in the Council Camber, 990 Palm
Street, San Luis Obispo. /
APPROVED BY COUNCIL: 7/16/2002
LP:mk
Lee Price, C.M.C.
City Clerk
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