HomeMy WebLinkAbout12/02/20031
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 2, 2003 - 5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan (arrived at 5:05 p.m.), Ken Schwartz,
Allen K. Settle, Vice Mayor Christine Mulholland and Mayor Dave
Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Monica Moloney, Human
Resources Director; Deborah Linden, Police Chief; Wolfgang Knabe,
Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public
Works Director; Paul LeSage, Parks and Recreation Director; Betsy
Kiser, Principal Administrative Analyst; Peggy Mandeville,
Transportation Associate; Michael Codron, Associate Planner
Codron; Phil Dunsmore, Associate Planner
Community Development Director Mandeville introduced the following newly promoted and
hired staff in the Community Development Department: Jaime Britz, Planning Technician;
Kenneth "Buzz" Kalkowski, Associate Planner; Michael Codron, Associate Planner (Long -
Range Planning) and Tyler Corey, Associate Planner.
Mayor Romero recognized the Manolito and Celestina Morales Family as "Family of the
Year ".
Mayor Romero recognized Council Member Mulholland for serving as Vice Mayor from
December 2002 to December 2003.
Al. VICE MAYOR APPOINTMENT FOR 2004.
ACTION: Moved by Mulholland /Settle to appoint Council Member Ken Schwartz as
Vice Mayor to serve a one -year term commencing upon appointment; motion carried
5:0.
IA2. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2004.
City Council Meeting
Tuesday, December 2, 2003, 5:00 p.m.
Page 2
ACTION: Moved by Mulholland/Schwartz to approve Council Liaison Subcommittee
assignments for calendar year as listed in Attachment 1; motion carried 5:0.
A3. APPOINTMENT OF NEW MEMBER TO BOARD OF DIRECTORS.
ACTION: Moved by Ewan/Mulholland to approve appointment of Ellen Henry to
Downtown Association Board of Directors to complete unexpired term of resigning
Board member Mark Jorgeson; motion carried 5:0.
CONSENT AGENDA
Vice Mayor Schwartz presented minor editorial comments on items C2, C5, and C6. Council
accepted Vice Mayor Schwartz's proposed amendments on items C5 and C6.
C1.
ACTION: Moved by Settle/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. PUBLIC SAFETY DISPATCH CENTER UPGRADE DESIGN SERVICES.
ACTION: Moved by Settle/Mulholland to approve the request for proposals for
design services to upgrade the City's public safety dispatch center and authorize D
the City Administrative Officer to award the contract if it is within the project budget
for phase I services of $120,000, and to subsequently amend the contract for phase
II services if it is within the budget of $75,000; motion carried 5:0.
C3.
DEVELOPMENTMOB RETENTION ACTIVITY.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9509 (2003 Series)
recommending the San Luis Obispo County Board of Supervisors amend the 1999
Urban County Consolidated Plan by reallocating $40,600 of CDBG funds for the EVC
Revolving Loan fund to a new activity, Economic Development/Job Retention for
Cole Motors; motion carried 5:0.
C4. STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR
ACTION: Moved by Settle /Mulholland to adopt Resolution No. 9510 (2003 Series)
approving the revised City Standard Specifications and Engineering Standards for
Construction Projects and rescind the previous resolution; motion carried 5:0.
C5. RESOLUTION AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM
POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT
ACCESS CHANNEL.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9511 (2003 Series) as
amended, amending the Government Access Channel Program Policy Statement
City Council Meeting Page 3
Tuesday, December 2, 2003, 5:00 p.m.
and Operating Guidelines for the Government Access Channel (Channel 20),
including a sponsor underwriting program; motion carried 5:0.
C6. AMENDMENT TO EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION
ADMINISTRATOR.
ACTION: Moved by Settle/Mulholland to 1) amend the current employment contract
as revised, with Deborah Cash, Downtown Association Administrator to clarify
language regarding medical insurance benefits; and 2) Authorize the Mayor to
execute the agreement; motion carried 5:0.
C7. PLANS AND SPECIFICATIONS FOR THE BILL ROALMAN BICYCLE BOULEVARD —
PHASE 1.
ACTION: Moved by Settle/Mulholland to 1) Approve plans and specifications for
construction of the Bill Roalman Bicycle Boulevard Project, Phase 1, Specification
No. 90195. 2) Authorize staff to advertise for bids and the City Administrative
Officer to award the contract to the lowest responsible bidder under $400,000. 3)
Transfer $47,500.00 from the Traffic Signal Interconnect Conduit Account to the
project budget; motion carried 5:0.
C8. WATER REUSE PROJECT — COWAN EASEMENT PURCHASE.
ACTION: Moved by Settle/Mulholland to 1) Approve easement purchase agreement
with Mr. Craig Cowan to allow for the construction of the Water Reuse distribution
pipeline project, for permanent waterline easement at a cost of $51,500. 2)
Authorize staff to execute the necessary supplement escrow paperwork to complete
the easement purchase; motion carried 5:0.
C9. WATER REUSE PROJECT — DEBLAUW EASEMENT PURCHASE.
ACTION: Moved by Settle/Mulholland to 1) Approve easement purchase agreement
with Mr. Richard DeBlauw to allow for the construction of the Water Reuse
distribution pipeline project, for permanent waterline easement and temporary
construction easement at a cost of $10,000. 2) Authorize staff to execute the
necessary supplemental escrow paperwork to complete the easement purchase;
motion carried 5:0.
C10. WATER REUSE PROJECT — AMENDMENT TO AGREEMENT FOR COON CREEK
ACTION: Moved by Settle/Mulholland to 1) Approve Amendment to Agreement with
TRC in the amount of $6,600 for guard rail design as related to Coon Creek
steelhead passage restoration as mitigation for the Water Reuse Project. 2)
Approve an additional $3,400 contingency, to be administered by the Project
Manager, for possible project design changes; motion carried 5:0.
C11. BUDGET AMENDMENT FOR THE DAMON - GARCIA SPORTS COMPLEX
SPECIFICATION NO. 99826.
ACTION: Moved by Settle/Mulholland to 1) Appropriate $50,000 from the Parkland
Development Fund to fund contingencies for the Damon Garcia Sports Fields
Construction Project. 2) Approve and execute Amendment No. 4 to the Agreement
City Council Meeting Page 4
Tuesday, December 2, 2003, 5:00 p.m.
to Furnish Design Services for the Damon - Garcia Sports Complex under
Specification No. 99826 in the amount of $33,947.39; motion carried 5:0. D
PUBLIC HEARINGS
I. DOWNTOWN ASSOCIATION THURSDAY NIGHT ACTIVITIES FEES INCREASE.
Downtown Association Administrator Cash presented the staff report.
Mayor Romero opened the public hearing. There were no public comments. Mayor Romero
closed the public hearing.
ACTION: Moved by Schwart7JMulholland to adopt Resolution No. 9512 (2003 Series)
modifying the fee schedule for Thursday Night Promotions; motion carried 5:0.
2. PATRICIA DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) ACTION PLAN.
Transportation Associate Mandeville presented the staff report. Deputy Public Works
Director Bochum responded to questions from the Mayor regarding the bulb -out design at
the intersection of Craig and Patricia. Mayor Romero asked staff to make the turn as easy
as possible for large vehicles. Staff agreed. Council Member Mulholland asked if staff
would also take a look at the sight distance at Warren Street. Transportation Associate
Mandeville indicated that staff will look at that as a separate issue.
Mayor Romero opened the public hearing.
Julia Wright, 415 Patricia Drive (represen =ing the Neighborhood Traffic Management Team),
spoke in support of the staff recommendation and urged approval of the NTM.
Joan Lynch. 620 Pasatiempo Drive (Neighborhoods North of Foothill), voiced support for the
NTM. She also expressed a need for traffic enforcement to help slow traffic in neighborhoods.
Mayor Romero closed the public hearing.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9513 (2003 Series)
approving the Patricia Drive NTM Action Plan that calls for the installation of a
centerline stripe on Patricia Drive between Foothill Boulevard and Highland Drive
and an all -way stop with curb extensions at Patricia Drive and Craig Way; motion
carried 5:0.
The Council convened in closed session at 6:30 p.m.
CLOSED SESSION
City Attorney Lowell provided the Closed Session announcements as follows:
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: 633 Palm Street
Negotiating Parties: City of San Luis Obispo
By: Michael McCluskey, Jonathan Lowell
City Council Meeting Page 5
Tuesday, December 2, 2003, 5:00 p.m.
Property Owner: Brad Bilsten Trust
' By: Steven Ferrario, The Real Estate Group
Negotiations: Discuss possible property purchase
The City Attorney reported that the Council voted 4:1 (Mulholland opposed) to obtain an
appraisal on the property.
2. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: 3265 Rockview Place
Landowner: City of San Luis Obispo
Negotiating Parties: Neil Havlik, Wendy George
Negotiations: Provide instruction to negotiators concerning
potential sale of the property.
The City Attorney reported that the Council unanimously agreed to initiate steps to
effectuate the sale of the property.
PUBLIC COMMENT
Joshua Michael Stein, 546 Higuera, voiced concern about fossil fuels and the impact on
people.
Sifu Kelvin Harrison, San Luis Obispo, reiterated claims of discrimination and harassment
Michael Sullivan, 1127 Seaward St., submitted a letter criticizing the City Clerk for refusing to
accept his written testimony regarding the Costco project on November 4, 2003 and asking
the City Attorney to look into the matter (letter on file in the Office of the City Clerk). The City
Clerk clarified that Mr. Sullivan's communication had, in fact, been received and entered into
the official record of the public hearing.
Mary Beth Schroeder, 2085 Wilding Lane, voiced concerns about impacts to traffic, parking
and housing by Cal Poly students. She also urged the Council to "tighten its belt" and stop
dismantling R -1 zones.
PRESENTATION
A presentation was given by Finance Director Statler regarding the impact of the Governor's
Vehicle License Fee (VLF) rate rollback on the City.
PUBLIC HEARINGS, CONTINUED
3.
Associate Planner Codron presented the staff report and responded to questions from the
Council regarding tree replacement and landscaping, under - grounding utilities and vehicle
City Council Meeting Page 6
Tuesday, December 2, 2003, 5:00 p.m.
storage. He also suggested that one low income unit and three moderate income units be
included. Council Member Mulholland agreed.
Mayor Romero opened the public hearing.
Applicant's representative, Carol Florence (project planner with Oasis Associates),
summarized the project history, describing it as a collaborative effort (the project has been
reviewed by the Planning Commission twice, the Architectural Review Commission and the
Cultural Heritage Committee). She walked Council through the design elements and asked for
approval. She also addressed Council's concern regarding tree replacements, explaining that
she has been working with Natural Resources Manager Havlik to find appropriate locations,
due to numerous areas undergoing riparian rehabilitation, and stated that there are no
concerns regarding vehicle storage. In addition, she mentioned there have been numerous
changes to the loft floor plan and presented the latest design. She indicated that she had no
objection to the Council adding a restriciton to prevent the loft from being converted to a
bedroom.
Steve Delmartim. 962 Mill Street, spoke in support of the project.
Mayor Romero closed the public hearing,
Brief Council discussion ensued.
ACTION: Moved by Settle/Ewan to 1) Introduce Ordinance No. 1443 (2003 Series)
approving an amendment to the Subdivision Regulations to allow lots in Common
Interest Developments to have any size or shape, except in the R -1 zone. 2) Adopt
Resolution No. 9514 (2003 Series) approving a 4 -lot minor subdivision, a mitigated
negative declaration and affordable housing incentives for a proposed 16 -unit
apartment project; motion carried 5:0.
4. GENERAL PLAN AMENDMENT, REZONING AND ADJUSTMENT OF THE
DEVELOPMENT LIMIT LINE TO ACCOMMODATE A 22 LOT RESIDENTIAL
SUBDIVISION AT 215 BRIDGE STREET (GP /R/TR/ER 6403).
Community Development Director Mandeville and Associate Planner Dunsmore presented
the staff report. Associate Planner Dunsmore clarified the discrepancy in the General Plan
Land Use Map and Zoning Mip. He indicated it would be appropriate for Council to provide
some direction to correct the discrepancy and, further, to indicate the appropriate
designation for the property. Planning Commission Chairperson Osborne provided an
overview of the Planning Commission's review of the project and the main issues that they
considered. Supervising Civil Engineer Livick discussed drainage issues. Council
questions ensued.
Mayor Romero opened the public hearing.
Applicant's representative, George Garcia (Garcia Architecture and Design, 1130 Garden
Street), provided background about the Bridge Street Partners, a non - profit group of
professionals dedicated to providing affordable housing. He presented an in -depth
conceptual, visual overview of the project and discussed open space issues. Additionally, he
summarized the "affordable" elements of the proposed project. He asked Council to look
favorably on this project. Tom Di Santo. Garcia Architecture and Design, summarized the
sustainable features and described noise and flood mitigation measures. Mr. Garcia
responded to questions from Council regarding issues of affordability, the proposed path and
the water reuse system.
City Council Meeting Page 7
Tuesday, December 2, 2003, 5:00 p.m.
Mayor called a recess at 10:12 p.m. The meeting resumed at 10:27 p.m.
Spgakfnq in favor of the General Plan Amendment rezoning and proposed projec t:
Dawn Legg, 2480 Parkland Terrace
Eric Meyer, 1253 Pismo Street
Michael Sullivan, 1127 Seaward St.
Russel Hodin, 1570 Hansen Lane
Mikel Robertson, Atascadero resident
Lane Allen, 2436 Cima Ct (and Director of Air Pollution Control District)
Philip Novotny, 2557 Greta Place. Mr. Novotny also read a statement in support from the
former Dean of the College of ARC at Cal Poly (Paul Neel)
Lisa Deyo, 303 Lawrence Dr.
Laurent Bemad, Atascadero resident
Tyler Hanson, 3260 Rockview. Mr. Hanson also read a letter from Gayle McMillan Smith,
President, McMillan Study Guides, Inc. (letter on file in the Office of the City Clerk) and
submitted a petition with approx 100 signatures (petition on file in the Office of the City Clerk).
Damon Noller, 878 Upham
Derek Senn, 771 Murray
Laura Joines- Novotny. 2557 Greta Place
Ryan Foster, 3260 Rockview
Bob Kriser, Los Osos resident (President of Bridge Street Group, Inc)
Joe Gilpin, 446 Islay Street
Ashley, 730 Patricia Drive
Armida Ruana, 2015 B Swazey Street (submitted 10 more signatures in favor)
Speaking in opposition to the project at the proposed location:
Harriett Clendenen, 472 Corrida Drive (also speaking for her husband, John Clendenen)
Mark Adams, 824 Grove Street
Lynn Fuller, 2306 Sendero Street
Lee Sheller, Manager of Architectural Iron Works, Inc. located at 201 Bridge Street
Troy Finger, 473 Woodbridge St.
Helene Finger, 473 Woodbridge St.
Rick Hamlin, co-owner of 201 Bridge Street
Con Langer, 446 Corrida
Dodie Williams, 438 Woodbridge St.
Kay Webster, 2297 Exposition Drive
Willie Zilkev. 362 Woodbridge
Robert Zilkev. 362 Woodbridge
Albert Hirschmann, 354 Woodbridge
Gina Cindrich, 2283 Exposition Court
George Rosenberger, 2444 Sendero Court
Fred DePlero, 348 Corrida Drive
Constance DePiero, 348 Corrida Drive
Mayor Romero closed the public hearing.
Individual Council comment followed.
Council Member Ewan expressed interest in seeing residential development on the site and
described the project as sustainable and progressive. He encouraged his colleagues to
meet the challenge rather than to succumb to it.
City Council Meeting Page 8
Tuesday, December 2, 2003, 5:00 p.m.
Council Member Settle provided complimentary comments on the project design but voiced
concerns about possible legal exposure for the City if building is allowed in this area that is
a known flood zone. He added that he could not support residential development in this
area.
Vice Mayor Schwartz also described the project as innovative but indicated he was troubled
by the future of the existing manufacturing use. He also expressed concern about the risk
of flood.
Council Member Mulholland said that this type of project is exactly what she would like to
see built in town, but not at this location. She shared various reasons in support of her
statement, including land use incompatibility, flood hazard and noise.
Mayor Romero also praised the Partners for the design components, but explained that he
too, was concerned about compatibility and flooding issues. He stated that the project did
not provide enough parking and expressed a desire to see the entry road widened, even if
that meant that the front eight units would need to be eliminated.
Community Development Director Mandeville suggested that the Council consider Staff's
Alternative Recommendation #2, and further, to deny without prejudice.
ACTION: Moved by Settle/Mulholland to deny the project without prejudice; motion
passed 5:0.
Council Member Mulholland suggested amending the motion to include changing the land
use designation from Manufacturing to C -OS. There was no agreement to amend the
motion.
CAD Hampian noted that there was still a conflict between the General Plan Land Use map
and the zoning map. City Attorney Lowell responded that the zoning must be consistent
with the General Plan.
ACTION: Moved by Ewan /Settle that the zoning be designated as manufacturing to
the development limit line of 175 feet and the Conservation/Open Space from the
development limit line up; motion passed 4:1 (Mulholland)
5. GENERAL PLAN AMENDMENT AND REZONING FROM NEIGHBORHOOD
COMMERCIAL TO HIGH DENSITY RESIDENTIAL AT 286 CALIFORNIA BOULEVARD
(GP/R/ER 94 -03).
Community Development Director Mandeville and Associate Planner Dunsmore presented
the staff report.
Mayor Romero opened the public hearing. There were no public comments. Mayor Romero
closed the public hearing.
ACTION: Moved by Ewan /Settle to 1) Approve Resolution No. 9515 (2003 Series)
amending the General Plan Land Use Element map to change the land use
designation for the site from Neighborhood Commercial to High Density Residential
and approving a Negative Declaration (ER 94 -03). 2) Introduce Ordinance No. 1444
(2003 Series) changing the zoning on the subject property from Neighborhood
Commercial (C -N) to High Density Residential (R -4); motion carried 5:0. 0
City Council Meeting:.
Tuesday, December 2, 2003, 5:00 p.m.
Page 9
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the November 20"' Student Community Liaison
Committee (SCLC) meeting and the last meeting of the California Mens' Colony Advisory
Committee.
COMMUNICATIONS
City Clerk Price proposed the cancelation of the December 16th Council meeting. Council
unanimously agreed.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 12:58 a.m. to Tuesday, January 6, 2004 at 7:00 p.m. in the o cil Chamber,
990 Palm Street, San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 1/6/2004
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