HomeMy WebLinkAbout09/17/2002MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 17, 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,
Vice Mayor Jan Howell Marx, 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; Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Wolfgang Knabe, 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; Kathy
Bishop, Police Management Assistant; Tom Baasch, Chief Building
Official; Darren Drake, Fire Marshall; Gill Trujillo, Assistant City
Attorney; Pam Ricci, Associate Planner; Neil Havlik, Natural
Resources Manager; Michael Clarke, City Biologist.
CLOSED SESSION ANNOUNCEMENT
PUBLIC EMPLOYMENT /APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Attorney
City Attorney Jorgensen reported that the closed session was held.
PUBLIC COMMENT
Gary Fowler, 777 Mill Street, spoke in opposition to the Employee Housing Assistance
Program approved by the Council on September 3, 2002.
Andrew Carter, 1283 Woodside Drive, expressed concern about the lack of student housing
on the Cal Poly campus, and encouraged the Council to demand the California State
University system address the need for campus housing.
Mary Beth Schroeder, 2085 Wilding Lane, stated that she is opposed to any mixed use
development.
City Council. Meeting
Tuesday, September 17, 2002 - 7:00 p.m.
CONSENT AGENDA
Page 2
Public Comments:
Brett Cross, 1217 Mariner's Cove, spoke in opposition to Item C9.
Greg Otto, Vice President of Firefighters Association, spoke in support of Item C9.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to Items C6.and C9.
Gary Fowler. 777 Mill Street, spoke in opposition to Item C9.
--end of public comment —
Fire Chief Knabe answered Council questions about Item C9.
Mayor Settle reported that he would refrain from voting on Item C6 due to a potential
conflict of interest.
Council Member Mulholland stated that she will vote No on Item C2.
C1.
C2.
C3.
ACTION: Moved by Ewan/Schwartz.to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
MINUTES OF TUESDAY, SEPTEMBER 3.2002.
ACTION: Moved by Ewan/Schwartz to waive oral reading and approve as amended;
motion carried 5:0.
ACTION: Moved by Ewan/Schwartz to adopt Ordinance No. 1422 (2002 Series);
motion carried 4:1 (Mulholland).
STREET NAME SIGN REPLACEMENT, SPECIFICATION NO. 90162A.
ACTION: Moved by Ewan/Schwartz to 1) approve Plans and Specifications for Street
Name Sign Replacement Project No. 90162A and authorize soliciting of bids. 2)
Authorize contract award by the CAO if the lowest responsible bid is within the
Engineer's estimate of $60,575; motion carried 5:0.
C4. UTILITY TRENCH REPAIR FALL 2002, SPECIFICATION NO. 90231.
ACTION: Moved by Ewan/Schwartz to 1) approve Specification for "Utility Trench
Repair - Fall 2002, Specification No. 90231." 2) Authorize staff to advertise for bids.
3) Authorize the CAD to award the contract to the lowest responsible bidder within
the engineer's estimate of $50,000. 4) Approve a budget transfer of $60,000 into the
Utility Trench Repair - Winter 2002 project account; motion carried 5:0.
Ll
City Council Meeting Page 3
Tuesday, September 17, 2002 - 7:00 p.m.
1 C5. PARK NAMING FOR 1341 PURPLE SAGE STREET CITY PARK.
ACTION: Moved by Ewan/Schwartz to name the City park site located at 1341 Purple
Sage Street, Rodriquez Adobe Park; motion carried 5:0.
C6. CONSULTANT SERVICES AGREEMENT FOR THE SAN LUIS OBISPO
MARKETPLACE PROJECT.
ACTION: Moved by Ewan/Schwartz to 1) approve an agreement with Allan D. Kotin
and Associates to perform consulting services during negotiations with SC
Properties, LLC regarding their proposed project on the Dalidio Farm in an amount
not to exceed $20,000. 2) Approve an agreement with Allan D. Kotin and Associates
to perform an update of an economic impact study of SC Properties, LLC's
proposed project on the Downtown (the " Kotin Study ") in an amount not to exceed
$30,000 and to be reimbursed by SC Properties, LLC. 3) Approve an agreement with
SC Properties, LLC for the reimbursement of costs associated with the update of
the Kotin Study; motion carried 4:0 (Settle refrained due to a potential conflict of
interest).
C7. CANCELLATION OF THE NOVEMBER 5, 2002 REGULAR CITY COUNCIL MEETING
AND RESCHEDULE TO TUESDAY, NOVEMBER 12, 2002.
ACTION: Moved by Ewan/Schwartz to cancel the Regular City Council Meeting of
Tuesday, November 5, 2002 and reschedule to Tuesday, November 12, 2002; motion
carried 5:0.
C8. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION
ACT OF 1990.
ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9364 (2002 Series)
authorizing staff to complete and submit an application for grant monies in amount
of $100,000 from the State Habitat Conservation Fund, which would be used in
support of the acquisition of the Filipponi property at the end of Calle Joaquin;
motion carried 5:0.
C9. CHANGE OF FIRE ENGINE COLOR STANDARD AND FIRE ENGINE PURCHASE.
ACTION: Moved by Ewan/Schwartz to 1) approve a change in the color of fire
apparatus for the San Luis Obispo Fire Department from green/yellow to red. 2)
Authorize acquisition of a new red fire engine via cooperative purchasing by
"tagging onto" a recent purchase of a Pierce Lance Pumper by the City of Murray,
Utah. 3) Authorize the Mayor to enter into a purchase agreement with Pierce
Manufacturing Company in the amount of $354,000; motion carried 5:0.
PUBLIC HEARINGS
1. APPROVE EXPENDITURE PLAN FOR 2002 -03 STATE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS.
Captain Blanke presented the staff report.
City Council Meeting
Tuesday, September 17, 2002 - 7:00 p.m.
Page 4
Mayor Settle opened the public hearing. There were no comments. Mayor Settle closed the
public hearing.
ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9365 (2002 Series)
approving an expenditure plan for $100,000 from the 2002 -03 State Supplemental
Law Enforcement Services Funds (SLESF) to continue funding the salary and
benefits for a Police Field Services Technician and a Communications Technician;
motion carried 5:0.
2. ADOPTION OF LATEST EDITIONS OF THE CONSTRUCTION AND FIRE CODES.
Chief Building Official Baasch and Fire Marshall Drake presented the staff report. Staff
summarized changes in language to Section 114.3 in response to concerns expressed by
Vice Mayor Marx. Staff responded to brief questions from the Council. Mayor Settle
opened the public hearing. There were no public comments. Mayor Settle closed the
public hearing.
ACTION: Moved by Mulholland/Marx to introduce Ordinance No. 1423 (2002 Series)
1) as amended repealing Chapters 15.02, 15.04, and 15.08 and 2) creating new
Chapters 15.02, 15.04, and 15.08 adopting the 2001 editions of the California
Building, Mechanical, Plumbing, Electrical, and Fire Codes, the 1997 editions of the
Uniform Administrative, Housing, Dangerous Building, Building (Volume 3), and Fire
(Volume 2) Codes, and the 1997 edition of the Uniform Code for Building
Conservation, with amendments; motion carried 5:0.
3. CODE ENFORCEMENT ORDINANCES AND IMPLEMENTING RESOLUTION
ESTABLISHING CIVIL ADMINISTRATIVE PROCEDURES FOR THE COLLECTION OF
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS.
Assistant City Attorney Trujillo presented the staff report.
Mayor Settle opened the public hearing. There was no public testimony. Mayor Settle
closed the public hearing.
ACTION. Moved by Marx/Mulholland to 1) introduce Ordinance No. 1424 (2002
Series ) adding Section 1.12.095 to Chapter 1.12 of the Municipal Code imposing civil
penaltjes for violations of the Municipal Code. 2) Introduce Ordinance No. 1425
(2002 Series) adding Section 1.12.130 to Chapter 1.12 of the Municipal Code
authorizing the recovery of attorney fees to the prevailing party in a code
enforcement action. 3) Introduce Ordinance No. 1426 (2002 Series) adding Chapter
1.24 to Title One of the Municipal Code adopting administrative code enforcement
procedures for the imposition and collection of civil fines for Municipal Code
violations. 4) Adopt Resolution No. 9366 (2002 Series) approving administrative
guidelines in connection with the issuance and processing of administrative
citations pursuant to Chapter 1.24 and establishing the amount of administrative
fines payable under such citations; motion carried 5:0.
4. COPELAND'S PROJECT FINAL ENVIRONMENTAL IMPACT REPORT AND APPEAL
OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT FOR THE PALM -
MORRO PARKING/OFFICE STRUCTURE.
Associate Planner Ricci presented an in -depth staff report.
City Council Meeting Page 5
Tuesday, September 17, 2002 - 7:00 p.m.
Mayor Settle called a break at 8:25 p.m. The meeting resumed at 8:38 p.m.
' Mayor Settle opened the public hearing.
Mark Rawson, representing the appellant, spoke to the merits of the appeal and in favor the
CAD recommendation.
Speaking in support of the CA recommendation to uphold the appeal of the Planning
Commission's denial of the use permit for the Palm -Morro Parkina/Office Structure and, in
general, in favor of the project
Dave Romero, 2057 Skylark Lane
Jeanne Potter, President of the Board of Directors of the Chamber of Commerce
David Garth, Executive Director of the Chamber of Commerce
Paul Brown, 1214 Mariner's Cove
Lee Ferraro, Los Osos resident
Andrew Carter, 1283 Woodside Drive
Mike Spangler, 665 Higuera
Kim Frederick co -owner of Muzio's Grocery
Tom Swem, Downtown Association Parking Committee Chair
Dave Katz, owner of Hudson's Grill
Deborah Holley. Downtown Association Administrator
George Moylan, SLO Housing Authority
Soeakina in support of the Plannina Commission's decision to denv the use permit and in
opposition to the project:
Brett Cross, 1217 Mariner's Cove
Mary Beth Schroder, 2085 Wilding Lane
Mayor Settle closed the public hearing.
Council discussion ensued.
Council Member Mulholland spoke in support of the Planning Commission
recommendation to deny the use permit and voiced opposition to the project for many of
the same reasons the Planning Commission raised, including: The public has not indicated
what it wants to see on Court Street; there is no housing in this project; a multi -level
parkingtoffice structure was never envisioned for this part of the downtown; the garage will
be inside the periphery of the downtown core, rather than outside as has been the plan; the
building is too tall and will dwarf other buildings; it will not meet the policy of a landmark
building; the office space is simply not enough to meet the City's minimum needs; the floor
area ratio is insufficient and the project is inconsistent with many of the City's policies. In
addition, she argued that view sheds will be obstructed, there are unsettled property issues
with neighbors, conflicts with pedestrian flow and the EIR is incomplete.
Vice Mayor Marx pointed out that the EIR identifies this project as the environmentally
superior alternative and explained that she believes the EIR is adequate. She indicated that
she would support the project but added that she hopes that more space for City Hall could
be created by converted garage space in the future if the need is there.
1 Mayor Settle spoke in favor of the project.
City Council Meeting
Tuesday, September 17, 2002 - 7:00 p.m.
Page 6
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9367 (2002 Series), as
amended: A) Certifying the Environmental Impact Report (EIR) with a finding of
overriding considerations relative to aesthetics/visual resources, air quality and
short -term construction noise. B) Upholding the applicant's appeal of the Planning
Commission's denial of a Use Permit for the Palm -Morro Parking/Office Structure
component, based on findings and subject to conditions; motion carried 4:1
(Mulholland).
Mayor Settle called a break at 9:58 p.m. The meeting was reconvened at 10:08 p.m.
BUSINESS ITEM
5. APPROVAL OF "CONSERVATION GUIDELINES.FOR OPEN SPACE LANDS
OF THE CITY OF SAN LUIS OBISPO."
Natural Resources Manager Havlik and City Biologist Clarke presented the staff report and
summarized revisions made to the draft following comments received from the public, the
Planning Commission, the Parks and Recreation Commission and the City Council.
In addition, staff responded to written comments received from resident Don Dollar and
Vice Mayor Marx and other concerns expressed by Council Member Schwartz (see
correspondence and Council Memorandum on file in the Office of the City Clerk).
Council Member Schwartz expressed concern that the guidelines do not reflect livestock
grazing as a legitimate agricultural activity and voiced concern that the guidelines may be
too restrictive. He argued that the policies outlined may result in the inability to acquire
ranchland, where cattle may still be able to graze and noted that it will be increasingly
costly to manage lands as they are acquired if grazing is discouraged where appropriate.
Public Comments:
Dave Romero, 2057 Skylark Lane, spoke in support of the guidelines and encouraged the
development of hiking trails. He encouarged staff to include the Guidetti Ranch in the
guidelines.
—end of public comments —
Council agreed to revise the guidelines pursuant to the staffs recommendation outlined in
the above - mentioned Council Memorandum.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9368 (2002. Series)
adopting the "Conservation Guidelines for Open Space Lands of the City of San
Luis Obispo" (the "Guidelines "), as amended; motion carried 4:1 (Schwartz).
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the September 10, 2002 Downtown Association
meeting.
Council Member Mulholland reported on the September 11, 2002 Mass Transportation
Committee meeting.
City Council Meeting Page 7
Tuesday, September 17, 2002 - 7:00 p.m.
Vice Mayor Marx reported on the September 11, 2002 Zone 9 Flood Control District meeting
and expressed concern about the turnover in County planning and engineering staff, and the
impact this has had on Zone 9 projects (memo on file in the Office of the City Clerk). Staff
agreed to work with County staff to resolve the issues.
Council Member Ewan provided a brief report on the Integrated Waste Management Authority.
He noted that the City of Paso Robles has joined the IWMA-
Council Member Schwartz provided a status report on the North County Water Forum (on file
in the Office of the City Clerk).
COMMUNICATIONS
Mayor Settle commented on the September 12, 2002 Housing Mandates Workshop and
reported that more on this issue will be coming to the Council in October.
Vice Mayor Marx shared an article with the Council on negotiating skills (on file in the Office of
the City Clerk).
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 11:02 p.m. to Tuesday, October 1, 2002 at 7:00 m. in the it Chamber, 990
Palm Street, San Luis Obispo.
1 Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 1011/02
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