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Home My WebLink About11/16/2004, AGENDA council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, November 16, 2004 Action Update 4:00 P.M.* REGULAR MEETING Council Chamber 990 Palm Street `NOTE EARLY START TIME Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero PUBLIC HEARINGS 1. PUBLIC HEARING ON THE 2004-05 PROGRAM OF PROJECTS FOR THE 2004-05 FEDERAL TRANSIT ADMINISTRATION GRANT. (WALTER/O'DELL— 15 MINUTES) RECOMMENDATION: As recommended by the Mass Transportation Committee (MTC): 1) Conduct a public hearing to review and approve the FTA 5307, FY 2004-05 Program of Projects. 2) Adopt a resolution authorizing the Public Works Director to file a grant application and execute the grant agreement from the Federal Transit Administration in the amount of $752,800. 3) Amend the budget to reflect revisions to recipient allocations. 4) Approve appropriation of $157,000 of available Working Capital. ACTION: 1)Approved. 2) Resolution No. 9620(2004 Series)adopted as amended. 3-4)Approved(5:0). 2. CONSIDERATION.OF THE HUMAN RELATIONS COMMISSION'S . RECOMMENDED PRIORITIES FOR THE.2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROGRAM. (MAN DEVI LLE/DAVI DSON —30 MINUTES) RECOMMENDATION: Approve the CDBG funding priorities for the 2005 CDBG Program, as recommended by the Human Relations Commission (HRC). ACTION: Approved(5:0). Council Agenda Tuesday, ,,november 16, 2004 Action Update BUSINESS ITEMS 3. ADDENDUM TO COSTCO EIR REGARDING TIMING OF CALLE JOAQUIN IMPROVEMENTS. (MANDEVILLE/RICCI — 30 MINUTES) RECOMMENDATION: Consider and adopt the Addendum to the Costco EIR, which documents changes to Mitigation Measure TR/mm-2a regarding the timing of off-site improvements to Calle Joaquin. ACTION: Approved(3:1:1 Mulholland opposed, Settle recused). 4. MONTEREY STREET PLAZA—A CONCEPT PLAN FOR A PUBLIC PLAZA BETWEEN THE FREMONT THEATER AND THE COUNTY GOVERNMENT CENTER. (MANDEVILLE/DRAZE-30 MINUTES) RECOMMENDATION: Confirm the "Council Recommended Concept Plan" as the project to undergo further study, if further study is funded as part of the 2005-07 Financial Plan. ACTION: Approved with replacing language "if further study is funded as part of the 2005-07 Financial Plan" with "when funding is available"(4:1 Schwartz opposed). 6:45 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street City Attorney Lowell announced the following Closed Session topics: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code§ 54956.8 Property: 1585 Calle Joaquin Property Owner Negotiator: Hansen, et al. Property: 1625 Calle Joaquin Property Owner Negotiator: Motel 6, et al. City Negotiators: Todd Amspoker, Esq., Tim Bochum, Lillian Jewell, Jonathan Lowell Negotiations: Provide direction to City Negotiators 2 Council Agenda Tuesday, ,jovember 16, 2004 Action Update City Attorney Lowell reported that at the Closed Session Council was briefed by its negotiators but no action was taken. 7:00 P.M. PRESENTATION Mayor Romero presented a proclamation for the Salvation Army to Hildy Gal, San Luis Obispo City Coordinator. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF TUESDAY, OCTOBER 12. 2004, SPECIAL MEETING AND TUESDAY, OCTOBER 19. 2004, REGULAR MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve with corrections. ACTION. Approved(5:0). C2. BIENNIAL REVIEW AND AMENDMENT_ OF THE CITY'S CONFLICT OF INTEREST CODE 2004. (HOOPER) RECOMMENDATION: Adopt a resolution amending the City's Conflict of Interest Code. ACTION. Resolution No. 9621 (2004 Series) adopted(5:0). C3. ADOPTION OF AN ORDINANCE AMENDING.PLANNED DEVELOPMENT ORDINANCE NO. 1393 TO ALLOW AUTO SALES AT 710 THROUGH 892 AEROVISTA PLACE (PD(ER 91-04). (MANDEVILLE/DUNSMORE) RECOMMENDATION: Adopt Ordinance No. 1464 (2004 Series), amending Planned Development Ordinance No. 1393 to allow auto sales at 710 through 892 Aeorvista Place. ACTION. Ordinance No. 1464 (2004 Series) adopted(5:0). C4. APPROVE USE OF TOURISM PROMOTION LOGO (SAN LUIS OBISPO= EXPERIENCE THE SLO LIFEq ON TROLLEYS. (GEORGE/STANWYCK) 3 Council Agenda Tuesday, vovember 16, 2004 Action Update RECOMMENDATION: As recommended by the Mass Transportation Committee and Promotional Coordinating Committee, approve use of the City's Tourism Promotion Logo (San Luis Obispo— Experience the SLO Life0 on the City's two trolleys. ACTION: Approved(5:0). Council also directed staff to revisit the location of the logo, taking into consideration visibility from the inside of the trolley. C5. NIPOMO STREET MINOR DRAINAGE IMPROVEMENT. (WALTER/LYNCH) RECOMMENDATION: 1) Approve new Capital Improvement Project for a minor drainage improvement on Nipomo Street in the amount of $28,000. 2) Transfer $28,000 from the CIP Reserve to fund the project. ACTION: Approved(5:0). PUBLIC HEARINGS, CONTINUED 5. PLANNED DEVELOPMENT AMENDMENT TO ALLOW A NEW 20-UNIT SENIOR APARTMENT BUILDING AND TWO-STORY PARKING STRUCTURE, INCLUDING CREEK SETBACK EXCEPTIONS, AT 55 BROAD STREET (PD 163-02). (MANDEVILLE/DUNSMORE —45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on October 13, 2004, introduce an Ordinance approving amendments to the previously adopted PD Ordinance to allow the addition of twenty new senior apartments and a new development plan with exceptions to the City's Creek Setback Ordinance, and adopting a.Mitigated Negative Declaration for the project. ACTION. Ordinance No. 1465(2004 Series) introduced. The motion included the following language from a condition in City Council Resolution No. 8673 (1997 Series): "The management and owners will establish and enforce rules which require that staff and residents park on site." Also directed that this language be included in the CC&Rs (4:0:1, Ewan recused). 6. CONSIDERATION OF A VESTING TENTATIVE TRACT MAP AND ENVIRONMENTAL REVIEW TO CREATE 13 SINGLE-FAMILY RESIDENTIAL LOTS WITH EXCEPTIONS, ON R-1 ZONED PROPERTY LOCATED AT 2070 FIXLINI STREET(TR/ER 95-03). (MANDEVILLE/COREY—45 MINUTES) RECOMMENDATION: As recommended by Planning Commission, adopt a resolution, approving a Mitigated Negative Declaration of environmental impact (ER 95- 03) and vesting tentative tract map, based on findings and subject to conditions and code requirements. 4 i Council Agenda _ Tuesday; wovember 16, 2004 Action Update ACTION: Resolution No. 9622(2004 Series) adopted with direction to staff to: 1) include language under Condition 1 that Lot 9 would be subject to the 20-foot setback, and Lots 5 and 13 will have greater setback flexibility;2) modify the Code requirements by adding a new section 1.c. to read as follows: "The City standard curb and gutter shall be installed in lieu of the rolled curb shown on the tentative map",and 3) delete Code Requirement 30 related to the onsite sewer system. Also directed staff to work with the applicant and return to Council with a proposal to fund the Johnson/Ella traffic signal and provide the conduit necessary for the future undergrounding of all existing overhead utilities subject to the satisfaction of the Public Works Director(4:0:1, Romero recused). 7. VESTING TENTATIVE PARCEL MAP, WITH AN EXCEPTION TO THE SUBDIVISION REGULATIONS, TO CREATE THREE PARCELS AT 303 DEL MAR COURT (MS/ER 149-04, THOMAS SCHOFF. APPLICANT). (MANDEVILLE/KALKOWSKI —30 MINUTES) RECOMMENDATION: Adopt a resolution: 1) adopting a Mitigated Negative Declaration and, 2) approving a Vesting Tentative Parcel Map, including an exception to the Subdivision Regulations, based on findings, and subject to conditions and code requirements. ACTION: Resolution No. 9623 (2004 Series)adopted denying the vesting tentative map for a minor subdivision located at 303 Del Mar Court(MS)ER 149-04), including amended findings (4:0:1, Ewan recused). BUSINESS ITEMS, CONTINUED 8. MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES. (LOW ELUMANDEVILLE/LI NDEN — 30 MINUTES) RECOMMENDATION: Approve Emergency Ordinance imposing a moratorium on medical marijuana dispensaries. ACTION: Ordinance No. 1466(2004 Series) introduced and adopted(4:1. Mulholland opposed). 9. REFERENDUM_PETITIONS REGARDING DALIDIO-SAN LUIS MARKETPLACE PROJECT. (HOOPER/LOWELL— 60 MINUTES) RECOMMENDATION: 1) Receive the Certificates of Results for two referendum petitions related to Ordinances Nos. 1449 and 1452 (2004 Series) regarding the Dalidio-San Luis Obispo Marketplace project. 2) Consider three options for conducting 5 I Council Agenda Tuesday, 46vember 16, 2004 Action Update a special election: polling place, all-mail ballot, or a combination of polling place and mail ballot. 3) Review options for election timing, and set an election date. 4) Depending upon the option chosen, direct staff to take other appropriate actions as outlined in the agenda report. ACTION: 1) Approved motion to direct the City Clerk to conduct a traditional polling place election with a reduced number of precincts, but utilizing as many of the polling places used for the City's regular municipal elections (4:0:1, Settle recused). 2)Approved motion to a) adopt Resolution No. 9624 12004 Series) establishing April 26, 2005, as the date of the special election and b) appoint Council Member Ewan and Mayor Romero as the subcommittee to develop the ballot arguments in favor of the measures (4:0:1, Settle recused). 3)Adopted Resolution No. 9625(2004 Series setting priorities for filing of written arguments and directing the City Attorney to prepare an impartial analysis (4:0:1, Settle recused). 4) Adopted Resolution No. 9626(2004 Series)providing for the filing of rebuttal arguments (4:0:1, Settle recused). 4)Appropriated$109,800 from the General Fund unreserved fund balance and authorize the CAO to enter into an agreement with Martin & Chapman elections contractor, for assistance in the conduct of a special election (3:1:1 Mulholland opposed, Settle recused). COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit=3 minutes. Council Member. Ewan discussed the 2003 Annual Air Ouality Report(memo on file in the City Clerk's Office) and reported on his attendance at a Planning Committee training for Head Start. Vice Mayor Schwartz reported on the San Luis Obispo Council of Governments/ San Luis Obispo Regional Transit Authority(SLOCOG/SLORTA) meeting of November 3, 2004 (memo on file in the City Clerk's Office). Council Member Mulholland reported on her recent attendance at a Board of Directors EVC meeting, a Water Resources Advisory Committee meeting, the Integrated Waste Management Authority meeting, and a Promotional Coordinating Committee meeting. Mayor Romero reported on the Nacimiento Supervision Committee's monthly meeting, for which he is Vice Chair. CAO Hamman confirmed that the majority of the Council preferred to attend the April 27:29, 2005, League of California Cities training. 6 I Council Agenda Tuesday, wovember 16, 2004 Action Update COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda (Gov. Code Sec. 54954.2). None. A. ADJOURN. 7 council acEnba CITY OF SAN LUIS OBISPO CITY HALL, 9 '90 PALM STREET Tuesday, November 16, 2004 4:00 P.M.* REGULAR MEETING Council Chamber 990 Palm Street 'NOTE EARLY START TIME_ CALL TO ORDER: Mayor Dave Romero PLEDGE OF ALLEGIANCE ROLL CALL: Council Members John Ewan; Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz, Mayor Dave Romero PUBLIC HEARINGS 1. PUBLIC HEARING ON THE 2004-05 PROGRAM OF PROJECTS FOR THE 2004-05 FEDERAL TRANSIT ADMINISTRATION,G RANT. (WALTER/O'DELL— 15 MINUTES) RECOMMENDATION: As recommended by the Mass Transportation Committee (MTC): 1) Conduct a public hearing to review and approve the FTA 5307, FY 2004-05 Program of Projects. 2) Adopt a resolution authorizing the Public Works Director to file a grant application and execute the grant agreement from the Federal Transit Administration in the amount of $752,800. 3) Amend the budget to reflect revisions to recipient allocations. 4) Approve appropriation of $157,000 of available Working Capital. ® City Council regular meetings are televised live on Charter Channel 20. The City of San Luis Obispo is committed to include the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf (805) 781-7410. Please speak to the City Clerk prior to the meeting ff you require a hearing amplification device. For more agenda information,call 781-7103. Council Agenda Tuesday, vovember 16, 2004 2. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S RECOMMENDED PRIORITIES FOR THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM. (MANDEVILLE/DAVIDSON — 30 MINUTES) RECOMMENDATION: Approve the CDBG funding priorities for the 2005 CDBG Program, as recommended by the Human Relations Commission (HRC). BUSINESS ITEMS 3. ADDENDUM TO COSTCO EIR REGARDING TIMING OF CALLE JOAQUIN IMPROVEMENTS. (MANDEVILLE/RICCI -30 MINUTES) RECOMMENDATION, Consider and adopt the Addendum to the Costco EIR, which documents changes to Mitigation Measure TR/mm-2a regarding the timing of off-site improvements to Calle Joaquin. 4. MONTEREY STREET PLAZA—A CONCEPT PLAN FOR A PUBLIC PLAZA BETWEEN THE FREMONT THEATER AND THE COUNTY GOVERNMENT CENTER. (MANDEVILLE/DRAZE -30 MINUTES) RECOMMENDATION: Confirm the "Council Recommended Concept Plan" as the project to undergo further study, if further study is funded as part of the 2005-07 Financial Plan. 6:45 P.M. CLOSED SESSION Council Hearing Room 990 Palm Street CONFERENCE.REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1585 Calle Joaquin Property Owner Negotiator: Hansen, et al. Property: 1625 Calle Joaquin Property Owner Negotiator: Motel 6, et al. City Negotiators: Todd Amspoker, Esq., Tim Bochum, Lillian Jewell, Jonathan Lowell Negotiations: Provide direction to City Negotiators 3 i Council Agenda Tuesday, viovember 16, 2004 7:00 P.M. PRESENTATION PROCLAMATION TO THE SALVATION ARMY. (ROMERO— 5 MINUTES) PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements.made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. CONSENT AGENDA The Consent Agenda is approved on one motion. Council Members may pull consent items to be considered after Business items. The public may comment on any item on the Consent Calendar. C1. APPROVE MINUTES OF TUESDAY, OCTOBER 12, 2004, SPECIAL MEETING AND TUESDAY, OCTOBER 19, 2004, REGULAR.MEETING. (HOOPER) RECOMMENDATION: Waive oral reading and approve as presented. C2. BIENNIAL REVIEW AND AMENDMENT.OF THE CITY'S.CONFLICT OF INTEREST CODE 2004. (HOOPER) RECOMMENDATION: Adopt a resolution amending the City's Conflict of Interest Code. C3. ADOPTION OF AN ORDINANCE AMENDING PLANNED DEVELOPMENT ORDINANCE NO. 1393 TO ALLOW AUTO SALES AT 710 THROUGH 892 AEROVISTA PLACE-(PD/ER 91-04). (MANDEVILLE/DUNSMORE) RECOMMENDATION: Adopt Ordinance No. 1464 (2004 Series), amending Planned Development Ordinance No. 1393 to allow auto sales at 710 through 892 Aeorvista Place. C4. APPROVE.USE OF TOURISM PROMOTION LOGO (SAN-LUIS OB/SPO - EXPER/ENCE THE SLO L/FEA ON TROLLEYS. (GEORGE/STA.NWYCK) RECOMMENDATION: As recommended by the Mass Transportation Committee and Promotional Coordinating Committee, approve use of the City's Tourism Promotion Logo (San Luis Obispo —Experience the SLO Life0 on the City's two trolleys. 4 Council Agenda Tuesday, vovember 16, 2004 C5. NIPOMO STREET MINOR DRAINAGE IMPROVEMENT. (WALTER/LYNCH) RECOMMENDATION: 1) Approve new Capital Improvement Project fora minor drainage improvement on Nipomo Street in the amount of $28,000. 2) Transfer $28,000 from the CIP Reserve to fund the project. PUBLIC HEARINGS, CONTINUED 5. PLANNED DEVELOPMENT AMENDMENT TO ALLOW A NEW 20-UNIT SENIOR APARTMENT BUILDING AND TWO-STORY PARKING STRUCTURE, INCLUDING CREEK SETBACK EXCEPTIONS, AT 55 BROAD STREET (PD 163-02). (MANDEVILLE/DUNSMORE -45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission at a public hearing on October 13, 2004, introduce an Ordinance approving amendments to the previously adopted PD Ordinance to allow the addition of twenty new senior apartments and a new development plan with exceptions to the City's Creek Setback Ordinance, and adopting a Mitigated Negative Declaration for the project. 6. CONSIDERATION OF A VESTING TENTATIVE TRACT MAP AND ENVIRONMENTAL REVIEW TO CREATE 13 SINGLE-FAMILY RESIDENTIAL LOTS WITH EXCEPTIONS, ON R-1 ZONED PROPERTY LOCATED AT 2070 FIXLINI STREET (TR/ER 95-03). (MANDEVILLE/COREY—45 MINUTES) RECOMMENDATION: As recommended by the Planning Commission, adopt a resolution, approving a Mitigated Negative Declaration of environmental impact (ER 95- 03) and vesting tentative tract map, based on findings and subject to conditions and code requirements. 7. VESTING TENTATIVE PARCEL MAP, WITH AN EXCEPTION TO THE SUBDIVISION.REGULATIONS, TO CREATE THREE PARCELS AT 303 DEL MAR COURT (MS/ER 149-04; THOMAS SCHOFF, APPLICANT). (MANDEVILLE/KALKOWSKI —30 MINUTES) RECOMMENDATION: Adopt a resolution: 1)adopting a Mitigated Negative Declaration and; 2) approving a Vesting Tentative Parcel Map, including an exception to the Subdivision Regulations, based on findings, and subject to conditions and code requirements. 5 Council Agenda Tuesday, Movember 16, 2004 BUSINESS ITEMS, CONTINUED 8. MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES. (LOW ELUMANDEVILLE/LINDEN —30 MINUTES) RECOMMENDATION: Approve Emergency Ordinance imposing a moratorium on medical marijuana dispensaries. 9. REFERENDUM PETITIONS REGARDING DALIDIO-SAN LUIS MARKETPLACE PROJECT. (HOOPER/LOWELL— 60 MINUTES) RECOMMENDATION: 1) Receive the Certificates of Results for two referendum petitions related to Ordinances Nos. 1449 and 1452 (2004 Series) regarding the Dalidio-San Luis Obispo Marketplace project. 2) Consider three options for conducting a special election: polling place, all-mail ballot, or a combination of polling place and mail ballot. 3) Review options for election timing, and set an election date. 4) Depending upon the option chosen, direct staff to take other appropriate actions as outlined in the agenda report. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit-3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). A. ADJOURN. 6 IIIIIIIIIlei& IIIIcity of sAn WIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 December 6, 2004 Aaron Abitia 260 Del Mar Court San Luis Obispo, CA 93405 Re: Schoff Minor Subdivision at 303 Del Mar Court Dear Mr. Abitia: I am writing in response to your letter'to the Council received December 1, 2004, opposing the subdivision of property at 303 Del Mar Court. As you may already know, the Council denied the proposed subdivision at its November 16, 2004 meeting. While your letter was received too late to be included with the minutes of that meeting, it will be placed in the file for this project. Sincerely, tN Wendy George Assistant City Administrative Officer Cc: City Council City Administrative Officer Cilerk-; oC�mmunity_Development Director OThe City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. �� Telecommunications Device for the Deaf(805)7814410.' City Council City of San Luis Obispo,City Hall 990 Palm Street San Luis Obispo,CA 93401 Re: Schoff Minot Subdivision,ER 149-04(@303 Del Mar Ct.) Dear City Council Members, My name is Aaron Abitia,and I reside at 260 Del Mar Ct.,San Luis Obispo,and have lived there since 1993. This is a family-owned and occupied residence. I am writing to you to request that you deny approval for the above listed project at 303 Del Mar Ct. (Due to illness,I was unable to attend the hearing on November 16,2004,so I hope that this letter is not too late,or at least can become part of the public record.) I can appreciate the owners'resourcefulness in attempting to maximize their investment, however,their plan is simply very far out of character for the residential area that.is•Del Mar Court,and would impact us,the long-time residents,in quite a negative manner. The worstimpact,as you mightsurmise, would be the traffic and parking nightmare that would ensue if the plan were approved and executed. Simply put, with three residences in that comer,there is the potential for up to 12 cars for the corner lot of 303 Del Mar Ct, if all three residences were at full occupancy;there is simply not enough room in that corner lot for 12 spaces. This of course means that parking for that corner lot would be in front of our homes,up and down Del Mar Court, where families and children live and play.. Additionally, visitor parking would no doubt impact the street even further, leading to further danger. Del Mar Court is a family street, and we would very much like to keep it that way. The danger of increased traffic(and the ensuing mayhem . related to that)is undesirable and unacceptable for our families,and it is out of character for our.street. PLEASE deny this project and allow our neighborhood to remain safe-and familial. Thank you for your time. Si Aaron Abttta November 17,2004 41 Abitia 260 bb-Mar Ct. San Luis;Obispo,.CA 93405 RECEIVED DEC U 12004 $LO CITY COUNCIL