HomeMy WebLinkAbout11/16/2004, C1 - MINUTES •" MEL AGENDA
DATE1 � ITEM
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 12, 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; Bill Statler, Finance Director; Mike McCluskey, Public
Works Director; Mike Draze, Deputy Director Community
Development;Tim Bochum, Deputy Director Public Works; Gary
Henderson,Water Division Manager; Dave Hix, Deputy Director
Utilities/Wastewater
PUBLIC HEARING
1. ADOPTION OF THE MARGARITA AREA SPECIFIC PLAN(MASP)AND FINAL.
PROGRAM ENVIRONMENTAL IMPACT REPORT, AND RELATED GENERAL PLAN
AND ZONING CHANGES. (CONTINUED FROM SEPTEMBER 28,2004)
Community Development Director Mandeville and Deputy Director Community Development
Draze commenced the staff presentation. This presentation included a discussion
regarding: 1)the Airport Land Use Pian (ALUP)which includes a chapter on the MASP and
the sections in the MASP which reflect components of the ALUP; 2)affordable housing;
3)Specific Plan Implementation; and 4)General Plan and Zoning Changes.
Water Division Manager Henderson and Deputy Director Utilities/Wastewater Hix discussed
the water and wastewater systems and Infrastructure that will service the Margarita and
Airport areas.
Finance Director Statler discussed the Public Facilities Financing Plan and responded to
questions raised by Council Member Mulholland related to financing options.
Public Works Director McCluskey discussed several design options for Santa Fe Road for
the long term (twenty plus years down the road)and displayed visual renderings of those
options.
Deputy Director Community Development Draze referred to a red file item from Terry
Simons as well as staff's response and explained that staff would recommend Council
endorse staff follow-up on right-of-way acquisition as part of tonight's actions.
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Tuesday, October 12,2004, 7:00 p.m.
Staff responded to questions raised related to affordable housing,financing, circulation
and annexation issues,as well as the impact on development in the vicinity of Chumash
Village.
Mayor Romero opened the public hearing.
Mary Beth Schroeder, San Luis Obispo, objected to the proposal and said Council should
stop mixed use developments.
Sam Vlahos. San Luis Obispo, new resident in Chumash Village, expressed concerns
related to environmental and health issues. He asked for information related to what type
of buffering of noise, dust, etc.,will occur between residents adjacent to the project and the
project itself during construction.
Tem Simons, representing the Damon-Garcia family, encouraged Council to give staff a
mandate to commence negotiations with property owners for the acquisition of right-of-way
so that.the Prado Road project can proceed. He spoke in support of manufactured housing
as affordable housing and of the need to plan for the expansion of the Santa Fe Road
corridor.
Bonnie Wollam, Chumash Village resident;submitted a petition from fifty-nine Chumash
Village Mobile Home Park residents(on file In the Community Development Department)
asking that a traffic signal be installed at 30357 South Higuera Street to ensure safety and
minimize traffic issues resulting from the increased number of drivers on South Higuera.
Elizabeth Kyle-Righetti, Chumash Village resident,asked Council to consider limiting to
single-story, low density any new housing behind the existing sixteen residences along the
Chumash Village fence line.
Mila Vuiovich-LaBarre, submitted for the record a letter from Chumash Council Chief Mark
Virgil,who is concerned about the possible existence of a 5,000 year old archeological site
that may be endangered if this project proceeds without further study. She questioned
whether there is a memorandum of understanding (MOU)with the San Luis Coastal Unified
School District(SLCUSD)that would deal with future attendance. She also questioned
whether the EIR adequately addressed the proposal for Tank Farm Road and asked for a
written response to her letter containing her concerns. (Both documents are on file in the
Community Development Department.)
Eugene Jud. San Luis Obispo, suggested that.and questioned why the Dalidio EIR differs
from the MASP as it relates to Prado Road. He suggested that the public needs additional
time to review the MASP and that it should then be referred back to the Planning
Commission.
Bill Wilson, San Luis Obispo,questioned why the alignment of Prado Road wasn't included
in the original bond description. He asked Council to have the roads and fields staked out
so he can see how they'll work
Gary Fowler, San Luis Obispo,said he was speaking as Chairman of the County
Commission on Aging. He opposed action on the MASP until after the election,suggested
a light rail system should be pursued,and expressed opposition on roundabouts.
Paul Brown. San Luis Obispo, spoke as President of the Property Owners Association of
San Luis Obispo. He said that their goal is to encourage Council to annex property within
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Tuesday, October 12,2004,7:00 p.m.
the MASP and the Airport areas and allow flexiblity to the greatest degree in order to
provide as much work force housing as possible.
Andrew Carter, San Luis Obispo, spoke in support of the MASP, particularly noting the
provision for affordable housing for existing residents and that the transportation
component is necessary for the entire south side of the City, Including existing areas.
Roberta Dengate, property owner adjacent to the southeast corner of the MASP area,
acknowledged the need for affordable housing, but expressed concern about what will
occur when that area develops, including the possibility of two-story housing.
Larry Stabler,San Luis Obispo, suggested there are faults in the Airport Land Use Map
contained in the MASP EIR and asked Council to send the Plan to Council for further
review. His concerns had to do, in part,with the need for an airport safety zone in the
vicinity of the mobile home park. He also opposed the proposed medium density along the
fence line of the mobile home park, asked that a greenbelt be provided to screen new
development and provide proper drainage,and asked that a minimum six-foot concrete
block wall be erected to protect the park during construction and after the project is
finalized.
Scott Lathrop,San Luis Obispo, supported the MASP and asked Council to proceed
particularly because of the need for housing. He suggested that the extension of Santa Fe
Road should be reviewed with as part of the Airport Area Specific Plan(AASP) because that
is when more of the property owners will be affected with the AASP.
Dave Watson, representing King Ventures,noted that some of the issues raised tonight can
be addressed when subdvisions are brought forward. He said King Ventures will forgo any
interest in an alley adjacent to Chumash Valley and so will comply with the 20-foot setback. In
addition,they will comply with the request for six-foot block walls. He explained that they will
handle drainage issues with the drainage structures. He suggested that a 25-foot limit be
established for building height He acknolwedged the concerns of the Chumash Village
residents and discussed King Ventures'efforts to work with the residents.
Mayor Romero closed the public hearing.
Council recessed from 9:18 to 9:30 p.m.
During the discussion that ensued, staff answered questions and responded to concerns
raised.
Council Member Mulholland expressed concern that the language proposed by staff is too
broad. She said that special consideration should be given to restricting the height and
providing as much setback as possible to protect the privacy and view shed of the 16
adjacent mobile homes in the Chumash Village Mobile Home Park.
Council Member Ewan concurred, but suggested that Council should not establish a
specific height restriction, that this issue should be referred to the Architectural Review
Commission when a project moves forward.
Community Development Director Mandeville suggested including the following language
in the motion: "To the maximum extent feasible,the privacy of existing residential uses
adjacent to the planning area shall be protected and views from existing residences
adjacent to the Margarita Area to the South Hills shall be incorporated into the design of
new development"
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Tuesday, October 12, 2004, 7:00 p.m.
Council Member Settle and Council Member Mulholland said they thought there should be a
statement limiting the structures to single-story and that the recommended language is too
broad.
Council Member Ewan, Vice Mayor Schwartz and Mayor Romero concurred with the
language proposed by staff. .
Discussion followed regarding the Santa Fe Road right-of-way.
Mayor Romero spoke in support of option 4a and explained why he thinks right-of-way
should be retained for Santa Fe Road so that it will eventually be four lanes with a median.
Council Member Settle said he also supports option 4a with roundabouts.
Council Member Ewan discussed why he was initially inclined to support option 2, but after
discussion during which staff responded to questions, he indicate_ d his support of option
4a.
Council Member Settle also commented that he supported option 4a because of its
flexibility.
Vice Mayor Schwartz spoke in support of option 4a as well.
Council Member Mulholland spoke In opposition to the Prado Road alignment. She said
that the short piece of Santa Fe Road is part of the ALUP and that she was having difficulty
knowing how to design a road when there is no plan for it in front of Council. She thought
it was premature to make this decision since the land use is not yet in front of Council.
Council Member Ewan suggested that Council should direct staff to proceed with
negotiating with property owners for acquisition of right-of-way for the completion of Prado
Road.
Council Member Settle concurred.
Council Member Mulholland disagreed; noting that there is already an entrance off Prado
Road onto the freeway for northbound travelers and, if desired,drivers could use South
Higuera to travel southbound on the freeway. Neither route would result in traffic in front of
Chumash Village on South Higuera Street.
Moved by Ewan/Settle to approve the CAO recommendations incorporating the language
proposed by staff.
Deputy Director Community Development Draze explained that it is necessary for page two
of the resolution (page 1-52 of the agenda report), item 5,to be revised to reflect that there
are three significant and unavoidable impacts identified in the EIR rather than two. The
third impact has to do with growth inducement. All of the findings are included in the staff
report for all three mitigations. The resolution will be revised accordingly.
Council Member Mulholland asked that the motion be broken into two actions so that the
resolution and ordinance could be acted on separately. She stated for the record that she
supports housing in the MASP area, but does not support the circulation plan,the northern
alignment of Prado Road or the statement of overriding considerations.
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Tuesday, October 12,2004,7:00 p.m.
Mayor Romero stated,for the record,that he has some discomfort with the plan to narrow
Tank Farm Road to two lanes along its length, but with the understanding that this matter
can be discussed when the airport area comes under consideration, he will support the
motion.
Following a brief discussion, Council Member Ewan indicated that he did not want to make
separate motions. Council Member Settle concurred. However,they clarified the motion as
follows:
ACTION: Ewan/Settle moved to approve the CAO recommendations with
amendments as indicated: Recommendations 1)through 3)were approved,with
the majority of the Council supporting Option 4a for the design of Santa Fe Road
and directing staff to pursue an agreement with property owners for the acquisition
of right-of-way for Prado Road. Resolution No. 9615(2004 Series)was adopted,
amending page 2, Section 1, item 5,to reflect that there are three(instead of two)
unavoidable impacts,the third one having to do with growth inducement.
Ordinance No. 1463(2004 Series)was introduced,with the incorporation of
language that will provide,to the maximum extent feasible,for the privacy and view
to the South Hills of existing residential uses adjacent to the planning area; motion
carried 4:1, Mulholland opposed.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:40 p.m.to Tuesday,October 19,2004 at 7:00 p.m. in the Council Chamber,
990 Palm Street,San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 11/16/2004
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cc-�
E.TING AGENDA
DATE �� ' ITEM Ir"
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 19,2004-6:30 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: Jonathan Lowell, City Attorney; Audrey Hooper,City Clerk; Wendy
George, Assistant City Administrative Officer; Bill Statler, Finance
Director; Deborah Linden; Police Chief; John Moss, Utilities Director;
Mike Draze, Deputy Director of Community Development; Phil
Dunsmore, Associate Planner; Mike McGuire, Assistant Engineer;
Gary Henderson,Water Division Manager
CLOSED SESSION
City Attorney Lowell announced the following Closed Session topic:
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
City Attorney Lowell reported that the Closed Session was held and Council provided
direction to its property negotiators. No further reportable action was taken at this time.
Deputy Director Public Works Bochum reported on today's storm activities.
PRESENTATIONS
Mayor Romero presented a proclamation to Jane Elsdon, San Luis Obispo's 2005 Poet
Laureate of the Year.
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Tuesday, October 19, 2004, 6:30 p.m..
Mayor Romero presented a proclamation to Linda Nelson, Red Ribbon Coordinator, Drug
and Alcohol Services, recognizing October 23—31, 2004,as Red Ribbon Week.
PUBLIC COMMENT
Tom Hutchings, Coordinating Association of State Green Party,spoke in support of legalizing
the use of medical marijuana and permitting medical marijuana dispensaries in the City limits.
Bruce Deile,San Luis Obispo,discussed his inability to get adequate health care without
health insurance,and asked what recourse he has to obtain the treatment he needs.
Staff will work with Mr. Delle on his concerns.
Mary Beth Schroeder,San Luis Obispo,expressed a number of concerns related to the City,
noting especially the lack of affordable housing.
Gary Fowler,San Luis Obispo,discussed his continued concerns related to the senior
population in the City.
Reverend C. Hite, Pismo Beach, read a letter she wrote to the Department of Justice and
Office of the State Architect regarding ADA compliance issues. She urged Council to
encourage the community to comply with existing law.
APPOINTMENT
Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
MEMBER.
Deborah Cash, Downtown.Association, spoke on behalf of the appointment of
Tunny Ortali to the SLO Downtown Association Board of Directors.
Mary Beth Schroeder, San Luis Obispo, questioned the integrity of the Downtown
Association.
ACTION: Moved by Settle/Mulholland to appoint Tunny Ortali to the SLO Downtown
Association Board of Directors; motion carried 5:0.
CONSENT AGENDA
Council Member Mulholland referred to item C6, Park Maintenance and Outdoor Dining
Agreement with Village Host Pizza and Grilll,SLO, LLC,and said she wants to see the water
conservation garden re-established and more water conservative landscaping.
Council Member Mulholland referred to Item C10, Final Adoption of Ordinance to Implement
the Margarita Area Specific Plan and Related Zoning Changes, and said that action
regarding the certification of the EIR should not have been taken at the last.meeting. She
also said that although she thought the votes should have been separated at that meeting,
she would support the ordinance tonight because it will advance housing opportunities.
Vice Mayor Schwartz asked that item C13, Water Reuse Project—Construction Management
Services, be pulled for discussion..
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Tuesday, October 19,2004, 6:30 p.m.
John Ewan said he will abstain on item C6, Park Maintenance and Outdoor Dining
Agreement with Village Host Pizza and Grill,SLO, LLC, because his business is in the
proximity of this business.
Marv.Beth Schroeder,San Luis Obispo, opposed a number of the Consent Calendar items.
Steve Delmartini,San Luis Obispo,asked for clarification regarding C2,Final Adoption of
Ordinances to Implement Housing Element Programs, related to the continuance of non-
residential uses.
Deputy Director Community Development Draze clarified that the uses will run with the land
and that each new home owner or renter will be notified.
ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as
recommended by the City Administrative Officer,with the exception of C6 and C13;
motion carried 5:0.
C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 28. 2004, SPECIAL MEETING AND
TUESDAY, OCTOBERS,2004, REGULAR MEETING.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. FINAL ADOPTION OF ORDINANCES TO IMPLEMENT HOUSING ELEMENT
PROGRAMS: 1) ORDINANCE NO. 1458(2004 SERIES) INCLUSIONARY HOUSING:2)
ORDINANCE NO. 1459(2004 SERIES) RESIDENTIAL GROWTH MANAGEMENT:3)
ORDINANCE NO. 1460(2004 SERIES) DOWNTOWN HOUSING CONSERVATION:4)
ORDINANCE NO. 1461 (2004 SERIES)ARCHITECTURAL REVIEW COMMISSION
EXEMPTION FOR SMALL RESIDENTIAL.PROJECTS: AND 5)ORDINANCE NO. 1462
(2004 SERIES)NON-RESIDENTIAL USES RIGHT TO CONTINUE.
ACTION: Moved by Settle(Mulholland to adopt Ordinances Nos. 1458(2004 Series).
1459(2004 Series), 1460(2004 Series), 1461 (2004 Series)and 1462 (2004 Series);
motion carried 5:0.
C3. FINAL MAP APPROVAL FOR TRACT 2447-A SEVENTEEN UNIT, ONE LOT
CONDOMINIUM SUBDIVISION LOCATED AT 1144 WALNUT STREET, SUBDIVIDER:
THE COURTYARDS ON WALNUT, LLC.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9616(2004 Series)
approving the final map for Tract 2447 and authorizing the Mayor to execute the
subdivision agreement on behalf of the City; motion carried 5:0.
C4. THE FIRST TEE.GOLF PROGRAM AT LAGUNA LAKE GOLF COURSE.
ACTION: Moved by Settle/Mulholland to 1. Approve a Use Agreement between the
First Tee Central Coast(The First Tee)and the City of San Luis Obispo for use of
the Laguna Lake Golf Course(LLGC). 2. Authorize the City Administrative Officer to
accept the donations of the chipping area and learning center upon approval of
grant funding by The First Tee; motion carried 5:0.
C5. SUB-RECIPIENT AGREEMENT WITH.THE ECONOMIC VITALITY CORPORATION OF
SAN LUIS OBISPO COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR ITS-REVOLVING LOAN FUND PROGRAM.
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City Council Meeting ,�. Page 4
Tuesday, October 19,2004, 6:30 p.m.
ACTION: Moved by Settle/Mulholland to approve a Sub-Recipient Agreement with
the Economic Vitality Corporation of San Luis Obispo County for CDBG Funds for
its Revolving Loan Fund Program; motion carried 5:0.
C6. PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT WITH VILLAGE HOST
PIZZA AND GRILL,SLO.-LLC.
ACTION: Moved by Settle/Mulholland to approve an agreement with Village Host
Pizza and Grill, SLO, LLC for park maintenance and outdoor dining on City-owned
property; motion carried 4:1 (Ewan abstaining).
C7. EL CHORRO REGIONAL PARK LIGHTED SOFTBALL FIELDS, SPECIFICATION NO.
90269.
ACTION: Moved by Settle/Mulholland to authorize the sole-source purchase of
sports field lighting equipment for the EI Chorro Regional Park Softball Fields from
Musco Sports Lighting, LLC, in the amount of$120,000; motion carried 5:0.
C8. RESOLUTION ACCEPTING THE DONATION.OF A PUBLIC ART PIECE.ENTITLED
"STORYBOARD" FROM FRANCISCAN DEVELOPMENTS.
ACTION: Moved by Settle/Mulholland to adopt Resolution No..9617(2004 Series)
accepting the donation of a Public art piece entitled "Storyboard"from Franciscan
Developments(DeVaul Ranch Development); motion carried 5:0.
C9. ALLOCATION OF ADDITIONAL.FUNDING FOR THE RAILROAD MUSEUM PUBLIC
ART PROJECT.
ACTION: Moved by Settle/Mulholland to allocate an additional $6,000 from the
Public Art In-lieu Fund to increase the budget for the Railroad Museum Public Art.
project to$25,000; motion carried 5:0.
C10. FINAL ADOPTION OF ORDINANCE TO IMPLEMENT THE MARGARITA AREA
SPECIFIC PLAN AND RELATED ZONING CHANGES.
ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1463(2004 Series);
motion carried 5:0.
C11. $18.404 ALCOHOLIC BEVERAGE CONTROL GRANT ACCEPTANCE.
ACTION: Moved by Settle/Mulholland to 1)accept Alcoholic Beverage Control mini
grant award in the amount of$18,404. 2)Authorize the Chief of Police to execute all
grant related documents;motion carried 5:0.
C12. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE.
ACTION: Moved by Settle/Mulholland to 1)adopt Resolution No. 9618(2004 Series)
to accept the 2004-05 Juvenile Accountability Incentive Block Grant of$6,167 from
the State Board of Corrections,with a required City match of$685. 2)Authorize the
Chief of Police to execute all grant related documents; motion carried 5:0.
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Tuesday, October 19,2004, 6:30 p.m.
C13. WATER REUSE.PROJECT-CONSTRUCTION MANAGEMENT SERVICES.
Vice Mayor Schwartz explained why he thinks the consultant services procedures for plan
checking,construction management and construction processes need to be reviewed by the
Administrative staff and asked Council to direct staff to review these procedures..
A brief discussion followed, during which Council Member Settle and Mayor Romero
concurred with Vice Mayor Schwartz.
ACTION: Moved by Schwartz/Settle to direct staff to review the City's consultant
services procedures for plan check,construction management,and construction
processes,and report back to Council with a review of those procedures. The motion
passed 5:0.
ACTION: Moved by Schwartz/Settle to 1)approve Amendment#1 to the agreement
with Tetra Tech, increasing compensation for extended construction management
services for the Water Reuse Project in an amount not to exceed $489,411. 2)
Approve the transfer of$489,400 from the project contingencies account to the
construction management account to fund the extended services; motion carried
5:0.
C14. AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING SERVICES
ASSOCIATED WITH SUBDIVISION MAP CHECKING.
ACTION: Moved by Settle/Mulholland to approve an agreement with San Luis
Obispo County for surveying services associated with subdivision map checking;
motion carried 5:0.
C15. FIRE STATION NO. 1 MAINTENANCE FACILITY ENCLOSURE.
ACTION: Moved by Settle/Mulholland to 1. Create a new Capital Improvement Plan
(CIP) project to fund the Fire Station No. 1 Maintenance Facility Enclosure in the
amount of$25,000 by transferring $11;362 from the Fire Station No. 3 CIP Driveway
Improvement account and $13,638 from the Fire Station No. 4 CIP Access account.
2. Transfer the remaining balance($20,375) in Fire Station No.4 Access account to
the CIP Reserve account; motion carried 5:0.
PUBLIC HEARINGS
1. PLANNED DEVELOPMENT(PD)AMENDMENT AND USE PERMIT TO ALLOW AUTO
DEALERIREPAIR USES IN THE BUSINESS PARK PD AT 892 AEROVISTA: C-S-PD
ZONE(PD-91-04).
Associate Planner.Dunsmore presented the staff report.
Mayor Romero opened the public hearing.
Carol Florence. Principal Planner with Oasis Associates and representing Smith-Volvo,
discussed the efforts and analyses that went into this project; displayed a number of
photographs of the existing site,the proposed site,and surrounding uses,as well as other
graphics related to the new site; and spoke in support of the staff's recommendation.
Council Members Mulholland, Settle and Ewan spoke in support of the proposal.
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Tuesday, October 19, 2004, 6:30 p.m.
Vice Mayor Schwartz supported the proposal, but discussed his concerns about the
architectural requirements for enclosing the space involving the sale of the vehicles. He
said that these requirements must be reevaluated.
Mayor Romero said his preference would have been to locate the auto dealers along
Highway 101 near Los Oscs Valley Road, but this is not possible because of the City's
restrictions. He concurred with Vice Mayor Schwartz's concern regarding the architectural
requirements.
ACTION: Moved by Settle/Mulholland to 1.Introduce Ordinance No. 1464(2004
Series)approving amendments to the previously adopted PD Ordinance No. 1393
(2001 Series)to allow auto sales and approve a preliminary development plan,and
adopting the Mitigated Negative Declaration for the project; and 2. Adopt Resolution
No.9619(2004 Series)approving a Use Permit for the proposed "auto sales and
service" use subject to findings and conditions; motion carried 5:0.
BUSINESS ITEMS
2. DISCUSSION.OF LOCAL REGULATION OF MEDICAL MARIJUANA DISPENSARIES.
City Attorney Lowell and Police Chief Linden presented the staff report. Police Chief Linden
explained why she recommends Option 1, a temporary moratorium pending a Supreme
Court Ruling.
Mayor Romero called for comments from the public at this time.
Bruce Diele.San Luis Obispo,explained why he believes marijuana is addictive.
The following people spoke in support of medicinal marijuana and encouraged Council to
authorize the establishment of dispensaries in the City.
Jack Artusio.San Luis Obispo(Information distributed by Mr.Artusio is on file in the City
Clerk's office.)
Gary Gall, Cambria
Louis Koory.San Luis Obispo Attorney
Michele Hix
Robert Toth. Caregiver in San Luis Obispo
Kurt Metcalf.San Luis Obispo
Willow Walking Turtle
Eva Savha. San Luis Obispo
Reverend Hite. Public Avocate, Pismo Beach
Eran Tul. Cal Poly Student
Marcia Hischier, San Luis Obispo
Mr. Koory's comments included reference to an ordinance he submitted to Council last week.
He indicated that the ordinance would provide tools that would assist the Police Department
in verifying that a client is a legitimate user. He discussed various components of the
ordinance and responded to Council's comments and questions.
Michael Kennedy,Atascadero,President of California Narcotics Association,explained why
he thinks it is premature to permit the establishment of a medical marijuana dispensary before
this matter has been resolved by the Supreme.Court. He also spoke in opposition to the use
of marijuana for medicinal purposes.
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City Council Meeting --- Page 7
Tuesday, October 19, 2004,6:30 p.m.
Craig Stephens.San Luis Obispo,asked Council to consider drafting an ordinance so that the
City is prepared to move forward once the Supreme Court has issued a ruling on this matter.
Council Member Mulholland asked for staff to investigate concerns raised by Rev. Hite
regarding a local resident who is being evicted from her apartment because of her use of
medicinal marijuana.
Gary Fowler.San Luis Obispo, urged Council to place a moratorium on medicinal marijuana
dispensaries until the outcome of the Supreme Court case is known.
Mary Beth Schroeder, San Luis Obispo,opposed legalizing marijuana for medicinal purposes.
Mayor Romero closed the public comment period.
Council recessed from 9:40 to 9:52 a.m.
Police Chief Linden responded to comments and explained that the issue at this meeting is
not related to the effectiveness or need for medicinal marijuana. It is both a legal and policy
issue. She reiterated that the conflict between federal and state law is being heard by the
Supreme Court and the legal issue should be rendered within the next few months.
Council Member Mulholland discussed her involvement with and knowledge of this issue.
She said that this is a medical matter that should be taken out of the hands of law
enforcement and put into the hands of patients and doctors. She stated that there is a need
to establish a system,set guidelines,and regulate medicinal marijuana dispensaries as soon
as possible in order to assist people who normally don't have access to marijuana, but who
need it for medical purposes.
Vice Mayor Schwartz expressed concern that representatives from the medical profession and
health organizations are not coming forward to promote the acceptance of medicinal
marajuana. He explained that he does not feel,as a Council Member without experience In the
medical profession,capable of distinguishing the different factors that must be taken into
consideration. He questioned why this issue isn't being considered at the County level,
given that it is the County that has the responsibility for public health and health clinics.
Council Member Settle discussed the lack of support by the County on other issues and said
that he doesn't think the County would be supportive of this issue. He also noted the failure
on the part of the Attorney General and the State Department of Health in developing
guidelines. He said that he would support a moratorum on permitting dispensaries in the City
until the Supreme Court has made its ruling.
Council Member Ewan explained that he doesn't think the State will create the mechanisms to
enact this law. He expressed concern about the inability of people who am suffering to find
relief without interacting with a criminal element As a result, he supported beginning the
process of developing an ordinance immediately so that when the Supreme Court's ruling is
in place,the guidelines for licensing dispensaries will be inpiace.
Mayor Romero concurred with Vice Mayor Schwartz that this issue is the responsibility of the
Health Department and that he thinks that no action should be taken on ths matter until the
the Supreme Court decision has been rendered.
Discussion followed,during which staff responded to Council's questions.
7:'�kF'a
City Council Meeting - Page 8
Tuesday, October 19, 2004, 6:30 p.m.
Motion by Settle/Romero to place a temporary moratorium prohibiting medical marijuana
dispensaries pending the outcome of the Supreme Court case and defer action on an
ordinance until the ruling has been rendered.
Council Member Ewan suggested that the moratorium be enacted,but that staff proceed with
developing an ordinance in preparation of the Court's decision.
Council-Member Mulholland concurred with Council Member Ewan that staff should proceed
with devleoping the regulations and zoning requirement and that,during the period prior to
the Supreme Court's decision,a temporary use permit should be implemented.
Council Member Settle and Mayor Romero disagreed, noting their reluctance to direct staff to
spend time on an issue that may be nullified by a Supreme Court decision.
Vice Mayor Schwartz said he would support the concept of devoting some staff time to
developing an ordinance that becomes effective after a favorable Supreme Court decision, but
would not support implementing one before the decision and then rescinding it.
Council Member Mulholland indicated that she is willing to compromise and could support a
motion of a temporary moratorium if staff is directed to proceed with the preparation of an
ordinance.
Further discussion followed,during which Council Member Settle and Mayor Romero
reiterated their opposition to preparing the ordinance atthis time.
Motion failed by a 213 vote(Ewan, Mulholland, Schwartz opposing).
ACTION: Motion by Mulholland/Ewan to direct staff to: 1)prepare an ordinance
placing a temporary moratorium prohibiting medical marijuana dispensaries
pending the outcome of the Supreme Court case; and 2)prepare necessary
ordinance(s)and implementing regulations governing medical marijuana
dispensaries in San Luis Obispo to be considered if allowed under the U.S.
Supreme Court ruling. Carried by a 3:2 vote(Allen/Romero opposing)..
3. MONTALBAN STREET BRIDGE,SPECIFICATION NO..99616.
Deputy Director Public Works Bochum and Assistant Engineer McGuire presented the staff
report and responded to questions.
Public Comments
The following neighborhood residents spoke in opposition to the installation of the bridge:
Jim Ne San Luis Obispo
Alfred Jimenez),San Luis Obispo
Vivian Longacre,San Luis Obispo
Kathleen Dillon, San Luis Obispo
Jeff Dillon 'San Luis Obispo
Diane Hunt.Roberts,San Luis Obispo
Alexa Slem,San Luis Obispo
Mike Baumgarten,San Luis Obispo
Xiomara Weber,San Luis Obispo
City Council Meeting Page 9
Tuesday, October 19, 2004, 6:30 p.m.
Peter Brown,representing the San Luis Obispo Council of Governments(SLO COG)referred
to information he faxed to Council today(on file in the City Clerk's office)and spoke in
support of installing the bridge. He responded to questions related to SLO COG funding
should the bridge be installed at a different location.
Kevin Christian,San Luis Obispo resident and member of the City's Bicycle Advisory
Committee,discussed the reasons he moved to downgrade the project from priority 1 to
priority 2,noting safety issues that could result with the installation of the bridge.
Ben Lerner, member of the City's Bicycle Advisory Committee member, responded to some of
the issues raised at the meeting,particularly relating to safety,and suggested that the
proposed location is not the best use of the bridge.
Joe Gilpin,SLC Bicycle Coalition,discussed the need for and benefits of the bridge.
Michael Boudreau.San Luis Obispo,also spoke in support of the bridge.
—end of public comments—
Staff responded to questions regarding other options.
Council Member Settle endorsed preserving the neighborhood, but asked that SLID COG
assist the City in making the funds available for other linkages such as the Bob Jones trail.
Council Member Mulholland explained why she would not support the connection of
Montalban Street or the neighborhood, indicated that additional information is needed
before a decision can be made as to where to place the bridge, and suggested it be stored
at the Corporation Yard until such a decision can be made.
Vice Mayor Schwartz acknowledged the improvements to and quality of the Montalban
neighborhood,which should not be changed or threatened by the installation of the bridge.
Council Member Ewan explained that while he supports connectivity, he does not think the
location of the bridge is feasible. He agreed that consideration should be given to other
locations for the bridge.
Mayor Romero also opposed the installation of the bridge and agreed that a better use
could be found for it.
ACTION: Motion by Mulholland/Schwartz to abandon the Montalban Street bridge
project in its entirety from both the Bicycle Plan and the current CIP,to direct staff
to return with an alternative location for the bridge, and to direct staff to work with
SLO COG to discuss reuse of the funding for an alternative project. Approved(5:0).
Council recessed from 12:20 to 12:25 a.m.
4. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS.
Water Division.Manager Henderson and Water Treatment.P_lant Supervisor Dean Furukawa
presented the staff report and responded to Council's questions.
Public Comments
None.
City Council Meeting � -- Page 10
Tuesday, October 19,2004, 6:30 p.m.
—end of public comments—
ACTION: Moved by Settle/Ewan to 1.Approve the project components
recommended for inclusion in the final design of improvements for the Water
Treatment Plant Improvement Project. 2. Approve the concept for negotiation and
procurement of the Actiflo system with Kruger Inc. and direct staff to proceed with
negotiations. 3. Approve Amendment No. 3 to the contract with Black and Veatch
for Phase 11 services for the design of the recommended improvements at the Water
Treatment Plant for an additional amount not to exceed$455,996. 4. Approve the
transfer of$167,967 from the construction budget to the design budget to fund the
work scope; motion carried 5:0.
S. STENNER CANYON HYDROELECTRIC FEASIBILITY STUDY PHASE ll.
Utilities Director Moss and Water Division.Manager Henderson presented the staff report
and responded to Council's questions.
Public Comments
Concern was expressed by an unidentified member of the audience regarding the City's need
to pay for power when it has the ability to create its own power.
—end of public comments—
ACTION: Moved by Settle/Schwartz to 1. Receive and file the Stenner Canyon Feasibility
Study Phase 11, July 2004. 2. Direct staff to defer implementation of the Stenner Canyon
Hydroelectric Project. 3. Direct staff to inform Federal Energy Regulatory Commission
(FERC) of the current project status and accept termination of the current FERC license.
Also directed staff to monitor through the City's legislative program elimination of
departing load charges. Motion carried 5:0.
COUNCIL LIAISON REPORTS
Council.Member Mulholland reported on her recent attendance at a Water Resources Advisory
Committee meeting and a Downtown Association Board of Directors meeting.
Vice Mayor Schwartz noted that the SLOCOG meeting was canceled because of a lack of a
quorum.
Mayor Romero reported on the October le Performing Arts Center Commission meeting.
COMMUNICATIONS
Council directed staff to place a request from Costco for modification of a mitigation measure
related to the Calle Joaquin realignment on the November 16"'Council meeting agenda.
Council directed staff to write a letter supporting legislation that will provide property owners
with an opportunity to bring their properties.into ADA compliance prior to being subject to
such a lawsuit.
Council canceled the December 21 8'Council meeting.
City Council Meeting Page 11
Tuesday, October 19,2004, 6:30 p.m.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 12:55 a.m.to Tuesday, November 16,2004,at 4:00 p.m. in the Council
Chamber,990 Palm Street,San Luis Obispo.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 11/16/2004
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