HomeMy WebLinkAbout10/19/2004, C1 - MINUTES MEE'__' - AGENDA
DATE Dia ITEM # C/1
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 28,2004-7:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Allen K.Settle,
Vice Mayor Ken Schwartz and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk;Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Mike McCluskey, Public Works Director;Paul Le Sage,
Parks& Recreation Director; Mike Draze, Deputy Director Community
Development; Neil Havlik, Natural Resources Manager.
PUBLIC HEARING
1. DRAFT MARGARITAAREA SPECIFIC PLAN(MASP)AND FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT.
Community Development Director Mandeville and Deputy.Director Community Development
Draze presented the staff report as it related to land use distribution and responded to
Council's questions.
Public Works Director McCluskey and Deputy Director Public Works Bochum reported on
the circulation component of the Draft Specific Plan, and showed a simulation of the
proposed alignment of Prado Road, as well as a simulation of the Garcia's access plan.
Staff responded to questions raised related to the Prado Road alignment,as well as to the
circulation component of the Draft Specific Plan.
Council Member Settle stated for the record that the Airport Land Use Commission has
endorsed the MASP.
Council Member Mulholland expressed concern that a plan is being proposed around a
Circulation Element that is out of date,and that full consideration hasn't been given to the
circulation at the southern end of the area, including Buckley Road and the expansion of
Tank Farm Road to four lanes. Her concern included the potential truck traffic going
through a residential area. She also expressed concern related to the affordability of future
housing in the Margarita area, since the costs of a Prado Road overpass will be borne by
the developers.
Mayor Romero opened the public hearing.
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City Council Meeting - Page 2
Tuesday, September 28,2004,7:00 p.m.
Elizabeth Kyle-Rhioetti.Chumash Village, referred to correspondence she has sent
previously(on file in the Community Development Department)and discussed her
concerns related to units that could be built near the mobile home park.
Council recessed from 8:45 to 8:55 p.m.
Mary Beth Schroeder, San Luis Obispo, spoke in support of the Damon-Garcia families,the
sports fields,and the residential development. However, she opposed a mixed use
development and the alignment of Prado Road.
Todd Cooper, San Luis Obispo,spoke in support of the MASP and the northern alignment
of Prado Road. He said that, in light of the Damon-Garcia family's willingness to provide
right-of-way,the construction of Prado Road should be expedited.
Terry Simons, San Luis Obispo(representing the Damon-Garcia family), said that with the
exception of minor issues related to the Planning Commission's draft,they support the
proposed MASP. He confirmed that the Damon-Garcia family is prepared to enter into
agreements with the City to provide the right-of-way, along with planning documents,to
allow construction to the first phase standard of Prado Road.
Nick Muick San Luis Obispo, disagreed with the northerly alignment of Prado Road. He
said he would like to see other simulations,and that he doesn't think roundabouts create
the same traffic break that signals do. He also said he has concerns about.Route 227 going
over Prado Road.
Eugene Jud,San Luis Obispo, explained why he doesn't think there is a need for Prado
Road to be located next to the sports fields. He distributed information in support of his
position (on file in the Community Development Department).
Bill Wilson, San Luis Obispo, spoke in opposition to the alignment of Prado Road and in
support of a fourth field on the sports complex. He displayed drawings in support of his
comments.
Michael Sullivan.San Luis Obispo,expressed concern about certifying the Environmental
Impact Report(EIR)without a full CEGA review of the Prado Road interchange and apart
from the Airport Area Specific Plan. He displayed a number of slides supporting his belief
that there are a number of components in the EIR that are inadequate. He said he thought
the southern alignment is preferable to the northern alignment,which is too close tothe
archeological site and is incompatible with the playing fields.
Mila Vuiovich-LaBarre,San Luis Obispo, opposed the northern alignment of Prado Road
and stated that the land should be used for other recreational purposes. She expressed
concern regarding the lack of an environmental study related to circulation, noise and
pollution on Prado Road and Broad Street,and suggested the connection should be
through Tank Farm Road.
Andrew Carter,San Luis Obispo, disagreed with Council Member Mulholland's estimate of
what it will cost developers,and thus new home buyers,to build the proposed interchange.
He said there is a need for this Council to comply with the decision of the previous Council
related to the alignment of Prado Road. He questioned the size of Prado Road and whether
there is a way in which it could take up less land.
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Tuesday,September 28,2004,7:00 p.m.
John French,San Luis Obispo, pointed out that the alignment of Prado Road has been
raised and confirmed many times since the Circulation Element was adopted. He explained
why he thinks the proposed alignment is the best option.
Patricia Wilmore, representing the Chamber of Commerce, discussed the critical need for
housing in San Luis Obispo, noted that the plan provides for 870 housing units,and said it
would be remiss not to focus on this aspect of the Draft MASP.
Dave Watson said he was speaking on behalf of John King(King Ventures). He said 1)they
support the Planning Commission recommendations related to land use and circulation;2)
they are in support of the EIR; 3)they have met with residents from Chumash Village and
have proposed increased setbacks, and would suggest that Council consider adding a
requirement that would limit garages in the setback to one-story;and 4)they would
welcome the dedication of right-of-way to the community by Damon-Garcia and Martinelli at
the earliest possible date.
Bill Almas, representing Unocal, supported the plan, but indicated that they still have
concerns regarding the fee structure,which they'll address at a future time.
John Hammond.San Luis Obispo, supported the proposal, including the Prado Road
extension in order to alleviate traffic on the east side of the City. He also supported
construction of the housing.
Mayor Romero closed the public hearing.
Council Member Mulholland responded to Mr. Carter's comments related to the fees for the
Prado Road interchange.
Community Development Director Mandeville, Public Works Director McCluskey, Deputy
Director Community Development_Draze responded to questions and clarified comments
made by members of the public.
Council Member Settle discussed his involvement in the adoption of the Circulation and
Land Use Elements of the General Plan,and expressed his continued support of the
northern alignment as part of the City's goal to provide the housing the plan proposes.
Council Member Ewan also spoke in support of the plan, concurring with comments made
by Council Member Settle, and noting that the issue is the housing that must.be built in
accordance with the City's Housing Element He discussed the need for a connection both
with Higuera Street and Broad Street,and pointed out that it could not occur at Tank Farm
Road and Broad Street
Council Member Mulholland clarified that Council is not being asked, in the agenda report,
to certify the EIR at this meeting and asked that this not be done.She said that she likes the
housing and layout of the plan, but opposes the circulation plan. She concurred that
anything built in the 20-foot setback adjacent to Chumash Village should be one-story in
height
Staff clarified that they were proposing that no structures be built within the 20-foot
setback.
Vice Mayor Schwartz discussed the importance of building the Prado Road interchange. He
supported the comments made by Council Members Settle and Ewan related to the MASP
and the EIR,and the need for the housing.
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Tuesday,September 28,2004,7:00 p.m.
Mayor Romero said he is anxious to see progress made on the housing. He discussed his
original support of the Industrial Way alignment,which is no longer an option. He asked
that consideration be given to having adequate right-of-way to eventually expand Santa Fe
to four lanes. He expressed concern with the modal split of bicycle/pedestrian paths and
automobile traffic used in the City's traffic plan,and suggested that there will be more cars
than the modal split predicts. He also suggested that a.2025 buildout date is too short a
time frame in which to design the highways. He said he thinks Tank Farm Road will
eventually need to be a four-lane road,as will Buckley Road.
Staff clarified that it is within Council's purview and discretion to preserve extra right-of-
way. While the number of traffic lanes is related to the EIR,the size of the right-of-way is
not.
In accordance with language proposed by Community Development Director Mandeville,
Council Member Settle moved to endorse the Land Use and Circulation Chapter of the
MASP and to direct staff to return on October 12"'with a presentation of infrastructure and
financing,as well as ordinances and resolutions to adopt the MASP. _Council Member Ewan
seconded the motion.
Council Member Mulholland stated for the record that she will be voting against the motion
because she cannot endorse the circulation component.
The motion passed by a 4/1 vote(Mulholland opposing).
Council Member Settle moved to continue this matter to the meeting of October 12"'.
Council Member Ewan seconded the motion. The motion passed by a 5/0 vote.
There being no further business to come before the City Council,Mayor Romero adjourned
the meeting at 10:20 p.m.to Tuesday,October 5,2004 at 7:00 p.m. in the Council Chamber,
990 Palm Street,San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 10/1 W004
DRAFT CA
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 5,2004-7:00 P.M.
COUNCIL CHAMBER,990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:.
Council Members
Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle,
Vice Mayor Ken Schwartz and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director;Joe Hazouri, Captain; Kathy Bishop,Administrative
Analyst,Wolfgang Knabe, Fire Chief; Mike McCluskey, Public Works
Director; Betsy Kiser, Principal Administrative Analyst; Jeff Hook,
Senior Planner; Mike Draze, Deputy Director Community
Development
PRESENTATIONS
Mayor Romero presented a proclamation for National Dental Hygiene Month to Renae
Chiovaro, Registered Dental Hygienist and Secretary for the Central Coast Dental
Hygienists', and Ann Havlik, Registered Dental Hygienist.
Mayor Romero announced that public hearing item 5(Draft Margarita Area Specific Plan)
has been continued to the meeting of October 12"'and will not be heard at this meeting..
Assistant CAO George introduced the City's new Seismic Coordinator Claire Clark,who
spoke briefly about the services this position will provide to the community.
PUBLIC COMMENT
Bruce-Deile.San Luis Obispo,asked Council to help him resolve a situation that has arisen at
Food 4 Less because he has taken his service dog on their property. The dog does not have a
service vest or certification. He believes this is ADA discrimination. He said he has been
accused of trespassing and has been advised by the Police Department that he will be
arrested if he returns to the store.
CAO Hamaian advised that staff will investigate Mr. Deile's concerns.
Bill Killian, San Luis Obispo, cited a recent situation which necessitated that he obtain
address history reports from the Police Department. He suggested that the costs for those
reports are excessive and asked that they be reduced.
ACAO George noted that those reports have been re-categorized and Mr. Killian will be
receiving a refund for a portion of what.he paid for the reports.
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Tuesday, October 5,2004,7:00 p.m.
Mary Beth Schroeder. San Luis Obispo,asked Council for assistance in resolving her
concerns about a neighbor who has been operating a business out of his house since he
was granted a home occupation permit.
Gary Fowler, San Luis Obispo, explained why he thinks the childcare program at the
Ludwick Center should be relocated so that the space can be used for the senior nutrition
program. He also asked that residents who.live in the holiday parade staging area be given
vehicle passes.
CONSENT AGENDA
ACTION: Moved by Schwartz/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 21,2004 REGULAR.MEETING.
ACTION: Moved by Schwartz/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. ADOPT ORDINANCE NO. 1457(2004 SERIES)MODIFYING THE WALTER_ BROTHERS
CENTER PLANNED DEVELOPMENT OVERLAY(PD 95-04).
ACTION: Moved by Schwartz/Mulholland to adopt.Ordinance No. 1457(2004 Series),
modifying Ordinance No. 1376(2000 Series)eliminating the overall size restrictions
of non-governmental offices and allowing medical clinics and doctors offices;
motion carried 5:0.
C3. UNSCHEDULED PARK MAINTENANCE.FIELD RAKE REPLACEMENT.
ACTION: Moved by SchwartztMulholland to 1)Approve a cooperative procurement
via purchase order to John Deere Company in the amount of$8,277.60 for one John
Deere field rake. 2)Approve transferring $8,300.00 from the Fleet Replacement
Fund completed projects account to a new equipment replacement account; motion
carried 5:0.
C4. FOOTHILL PUMP STATION ABANDONMENT, SPECIFICATION NO.90448.
ACTION: Moved by Schwartz/Mulholland to 1. Approve plans and specifications,
and authorize staff to advertise bids for"Foothill Pump Station Abandonment,
Specification No.90448." 2.Authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within the engineer's estimate of$105,000;
motion carried 5:0.
PUBLIC HEARINGS
1. EXPENDITURE PLAN FOR 2004-05 STATE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUNDS.
Captain Hazouri presented the staff report. There were no questions.
Mayor Romero opened the public hearing. Hearing no comments, he closed the public
hearing.
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Tuesday,October 5,2004,7:00 p.m.
ACTION: Moved by Ewan/Mulholland.to adopt Resolution No.9611 (2004 Series)
approving an expenditure plan for$100,000 from the 2004-05 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. 2004-05 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN.
Captain Hazouri presented the staff report and responded to questions.
Mayor Romero opened the public hearing.
Mary Beth.Schroeder. San Luis Obispo, noted her support.of both this item and the prior
one.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Mulholland to adopt Resolution No.9612(2004 Series)
approving an expenditure of$9,800 in 2004-05 Local Law Enforcement Block Grant
Funds,with a required local City match of$1,089,to fund equipment and training to
enhance public safety services, as recommended by the Chief of Police; motion
carried 5:0.
3. HOUSING ELEMENT PROGRAM IMPLEMENTATION.
Community Development Director Mandeville and Senior Planner Hook presented the staff
report and responded to Council's questions.
Senior Planner Hook explained that staff is requesting that Council incorporate in its
motion the following revisions to the language contained in the sections indicated below:
17.86.010 Purpose and intent. (Ordinance 1460)(2004 Series)
The word "offices" should be deleted from the phrase, "commercial office uses."
17.91.050 Procedures. (Ordinance 1458)(2004 Series)
The following statement should be added to the end of item B: "Dedicated open space is
not included in a site's net area."
17.91.140 Affordability Restrictions. (Ordinance 1458)(2004 Series)
Item 2)should be modified to require that affordability is maintained for the longest period
allowed or required by State law, but not less than 30 years.
Council Member Mulholland raised questions related to deed restrictions vs. shared equity
agreements,and expressed concern that a property originally designated as affordable
housing could lose its affordability if it is not deed-restricted. She also raised questions to
which staff responded related to when design review is required.
Vice Mayor Schwartz expressed concern that replacement housing built downtown must be
occupied and suggested that.the language be crafted so as to make that clear. However,
there was no consensus to revise the language.
Mayor Romero opened the public hearing.
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Tuesday, October 5, 2004,7:00 p.m.
John French, San Luis Obispo, referred to Table 2A, Inclusionary Housing Requirement
Adjustment Factor, and expressed concerns about base density.
It was noted that Table 2A will be reviewed for its effectiveness in a year and will be
modified if necessary.
Mayor Romero closed the public hearing.
Senior Planner Hook responded to Mr. French's questions. He explained that the
recommendation to add a sentence to section 17.91.050 related to the inclusionary housing
requirement that would not include dedicated open space in a site's net area will encourage
developers to dedicate open space land.
ACTION: Moved by Ewan/Settle to introduce ordinances amending the Municipal
Code to implement Housing Element programs: 1) Ordinance No. 1458(2004
Series)Inclusionary Housing(Ch. 17.91); 2)Ordinance No..1459(2004 Series)
Residential Growth Management(Ch. 17.88);3)Ordinance No. 1460(2004 Series)
Downtown Housing Conservation(Ch. 17.86); 4)Ordinance No. 1461 (2004 Series)
Architectural Review Commission exemption for Small Residential Projects(Ch.
2.48); and 5)Ordinance No. 1462(2004 Series)Non-Residential Uses Right to
Continue(Ch. 17.22); and adopt Resolution No..9613(2004 Series)amending the
Community Design Guidelines; motion carried 5:0.
BUSINESS ITEMS
4. EXCLUSION OF THE SAN LUIS OBISPO CHILDREN'S MUSEUM FROM
AFFORDABLE HOUSING FEES BY SECTION 17.91.030 OF THE AFFORDABLE
HOUSING ORDINANCE AND AMENDMENT OF PARKING IN-LIEU FEES RELATING
TO COMMUNITY PARTNERS.
Principal Administrative Analyst Kiser presented the staff report
Public Comments
Pat Ketchum, San Luis Obispo, Board Member of the SLO Children's Museum, spoke in
support of staff's recommendations.
—end of public comments—
ACTION: Moved by Schwartz/Ewan to 1. Makes determination based on 17.91.030
(B.8.)of the City's Affordable Housing Ordinance that-the San Luis Obispo
Children's Museum is excluded from affordable housing fees. 2. Adopt Resolution
No..9614(2004 Series)amending the Parking In-Lieu Fees to include a new fee
category for Community Partners; motion carried 5:0.
CONTINUED PUBLIC HEARING
5. DRAFT MARGARITA AREA SPECIFIC PLAN AND FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT. (CONTINUED FROM SEPTEMBER 28,2004).
This hearing has been canceled for the October 5u'meeting. It was continued on
September 28"'to a special meeting on October 120.
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Tuesday, October 5,2004,7:00 p.m.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on her attendance at a recent Economic Vitality
Corporation(EVC)meeting.
Council Member Ewan reported on his attendance at last week's Air Pollution Control District
(APCD)meeting.
Vice Mayor Schwartz said that he will attend a San Luis Obispo Council of Governments
(SLOCOG)meeting tomorrow morning(October 6'").
Mayor Romero reported on the recent Mayors' luncheon in Pismo Beach. He noted that, in
light of the recent ADA compliance lawsuits, Pismo Beach has recently adopted a
resolution requesting that the State enact a provision allowing for a 90-day period to
resolve those deficiencies,that other cities are doing the same thing,and that the League
of California Cities is investigating this matter.
Council Member Settle reminded the public about Proposition 1A noting that its purpose is
to protect city and county finances.
It was noted that a special Council meeting on the Margarita Area Specific Plan will be held
on October 12th,that the October 19th meeting will begin at 5:00 p.m., and that the meeting
of November 16th will begin at 4:00 p.m.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 8:28 p.m.to Tuesday, October 12,2004,at 7:00 p.m. in the Council Chamber,
990 Palm Street,San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 10/19/2004
AN