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HomeMy WebLinkAbout11/21/2000MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 21, 2000 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; John Mandeville, Long Range Planning Manager; Ron Whisenand, Development Review Manager; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, 1 Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAD; Carolyn Goossens, Recreation Coordinator; Whitney Mcllvaine, Associate Planner; John Shoals, Associate Planner; Dave Pierce, Water Projects Manager; Linda Fitzgerald, Recreation Manager; and Linda Asprion, Revenue Manager CONSENT AGENDA C1. COUNCIL MINUTES OF THURSDAY, NOVEMBER 9. 2000. ACTION: Moved by Romero/Ewan to waive oral reading and approve as amended; motion carried 5:0. C2. ACTION: Moved by Romero/Ewan to 1) approve an increase in the City's on -going annual operational support to the Performing Arts Center from $65,000 to $100,000. 2) Appropriate $35,000 from the unreserved General Fund balance to pay for the increased subsidy for 2000 -2001; motion carried 5:0. C3. APPROVE AN AMENDMENT TO THE YMCA GROUND LEASE AT JOHNSON PARK. City Council Meeting Tuesday, November 21, 2000 - 4:00 p.m. C4. Page 2 ACTION: Moved by Romero/Ewan to adopt Resolution No. 9124 amending the Ground Lease agreement between the City of San Luis Obispo and the San Luis Obispo County YMCA for use of a portion of Johnson Park; motion carried 5:0. ACTION: Moved by Romero /Ewan to approve the amendment to the contract with Hatch and Parent for legal services relative to hearings for the City's water rights permit for an additional amount of $50,000 for a total compensation not to exceed $150,000; motion carried 5:0. C5. APPROVE INVITATION FORBID SPECIFICATIONS FOR FIRE STATION NO. 3 RESTROOM AND OFFICE REMODEL. ACTION: Moved by Romero /Ewan to 1) approve plans and specifications for Fire Station No. 3 Restrooni and Office Remodel, Construction, Specification No. 98803D. 2) Authorize staff to advertise for bids for a construction contract 3) Authorize the City Administrative Officer to award the construction contract if the lowest responsive bid is within the cost estimate; motion carried 5:0. C6. APPROVE WAIVER OF BUILDING PERMIT FEES FOR FIRE SPRINKLER SYSTEMS. ACTION: Moved by Romero /Ewan to adopt Resolution No. 9125 waiving building permit fees for projects limited to the retrofit of an existing building for the addition of a fire - sprinkler system; motion carried 5:0. C7. APPROVE FUNDING TO CONTINUE A TEMPORARY POSITION IN THE FIRE DEPARTMENT. ACTION: Moved by Romero/Ewan to appropriate $17,000 from the unreserved General Fund balance to continue funding a temporary position in the Fire Department's Hazardous Materials Program; motion carried 5:0. C8. ADOPT A RESOLUTION AMENDING THE CITY'S TRAVEL GUIDELINES. ACTION: Moved by Romero /Ewan to adopt Resolution No. 9126 updating the City's Travel Guidelines; motion carried 5:0. BUSINESS ITEMS 1. Public Works Director McCluskev presented the staff report. , There were no public comments. City Council Meeting Page 3 Tuesday, November 21, 2000 - 4:00 p.m. Council discussion followed. Vice Mayor Schwartz voiced objection to moving forward with the plan line and any plans to eventually widen Monterey Street. He spoke in favor of developing a plan for Monterey Street, including preparing an EIR and getting public input before adopting a formal setback line. It was suggested that the matter be discussed during the goal setting process in early 2001. Council Member Romero spoke in favor of the plan line and urged the Council to anticipate widening Monterey Street in the future. Council Member Ewan expressed support for maintaining the setback line along Monterey but was not in favor of widening the roadway. Mayor Settle and Council Member Marx concurred. ACTION: Moved by Ewan/Marx to direct staff to continue to acquire new building setbacks and rights -of -way for future streetscape design, as depicted on current "preliminary" setback line (SBL) for Monterey Street; motion carried 5:0. 2. REQUEST FOR PROPOSALS (RFP) FOR CONSULTANT SERVICES FOR REVISIONS TO THE COMMERCIAL ZONING REGULATIONS. Council Member Marx recommended that this item be deferred until after the new Community Development Director has been hired and has had an opportunity to have input into the scope of the study. In addition, she noted that Council Member -Elect Mulholland, other new key staff and new Planning Commissioners should also be given an opportunity to provide input. She also suggested that the matter would be a good subject for a community workshop. Council discussion ensued. Assistant City Administrative Officer Hampian proposed that Council act on the recommendation to approve the RFP, but give direction to staff to come back to Council for the award of the contract (March). Development Review Manager Whisenand responded to Council questions about the scope of work. He noted that there are three bid alternates that, if included, would expand the work and the cost. A majority of the Council agreed to consider during the upcoming budget process a separate study of the Central Commercial Zone if that bid alternate is too much to do in the scope of this specific RFP. There were no comments from the public. ACTION: Moved by Schwartz/Romero to 1) approve the work scope for preparation of revisions to the City's commercial zoning regulations and authorize staff to proceed with sending out Request for Proposals (RFP) documents to qualified consulting firms. 2) Direct staff to bring back the proposals and the contract award for formal Council approval (anticipated for March 2001); motion carried 5:0. 3. APPROVAL OF THE WATER REUSE PROJECT PRELIMINARY DESIGN ALTERNATIVE. Utilities Director Moss and Water Projects Manager Pierce presented the staff report and responded to questions from the Council. There were no comments from the public. ACTION: Moved by Ewan/Marx to 1) select and approve Project Alternative No. 1. 2) Authorize the Utilities Director to begin investigation of opportunities to provide recycled water in exchange for groundwater. 3) Authorize the Utilities Director to direct the design engineer to move forward with the design of the project identified as the Initial Project, Groundwater Exchange, and the Future User portions of Alternative No. 1; motion carried 5:0. City Council Meeting Tuesday, November 21, 2000 - 4:00 p.m. Page 4 Mayor Settle adjourned at 5:36 p.m. to meet in Closed Session. Mayor Settle reconvened the Regular Meeting at 7:05 p.m. 1 CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation/Initiation of Litigation, Pursuant to Government Code § 54956.9 (c) Number of Cases: 1 City Attorney Jorgensen reported that the Closed Session was held. None. 4. PUBLIC COMMENT PUBLIC HEARINGS Associate Planner Shoals presented the staff report and the recommendation to deny the appeal. Mayor Settle opened the public hearing. Randy Dettmer, architect representing the applicant/appellant, clarified issues regarding the current property line and setback. He provided a description of the proposed project and addressed the main points of the appeal. Jules Rogoff, applicant/appellant, 330 Los Aeros Drive, presented a slide presentation in support of the appeal. Mayor Settle closed the public hearing. Council questions and comments followed. Vice Mayor Schwartz spoke in support of the ARC recommendations regarding the driveways because of traffic safety. r 1 1 1 1 City Council Meeting Tuesday, November 21, 2000 - 4:00 p.m. Page 5 ACTION: Moved by Romero/Marx to adopt Resolution No. 9127 upholding an appeal of the Architectural Review Commission's decision, thereby modifying conditions of approval for the project; motion carried 4:1 (Schwartz). 5. REQUEST TO REZONE PROPERTY AT 486 MARSH. STREET AND 545 HIGUERA STREET FROM RETAIL - COMMERCIAL (C -R) TO CENTRAL - COMMERCIAL (C -C) (COAST NATIONAL BANK, APPLICANT R/ER 126 -00). 6. ACTION: Continued to December 5, 2000. 4115 BROAD STREET (ANNX/PD /ER 209 -99). Associate Planner Mandeville presented the staff report. Mayor Settle opened the public hearing. Patty Whelan, Cannon Associates and representing the applicant, indicated concurrence with the conditions of approval with the exception of a request for two additional uses: officestprofessional and corporate and regional administrative offices. Charles Senn, applicant, indicated that he is asking for only what the zoning regulations already allow for. Mayor Settle closed the public hearing. ACTION: Moved by Romero /Schwartz to 1) introduce Ordinance No. 1378 prezoning the six -acre site (C -S -PD (Service Commercial - Planned Development) with the use matrix (as amended to allow corporate and/or professional offices) that complies with both the existing Service Commercial and draft Business Park use regulations. 2) Adopt Resolution No. 9128 recommending that the Local Agency Formation Commission (LAFCO) approve the annexation of six acres at 4101 - 4115 Broad Street. 3) Adopt Resolution No. 9129 approving the Creekside Annexation and prezoning Mitigated Negative Declaration; motion carried 5:0. REVIEW COST OF SERVICES STUDY AND USER FEE UPDATE. Finance Director Statler presented the staff report. It was noted that staff had distributed a revised draft resolution changing the implementation date for CUPA fees. Mayor Settle opened the public hearing. John French objected to the increase proposed for construction inspection fees. He suggested that the fees be based on recovery for "real time" costs rather than a flat fee. Mayor Settle closed the public hearing. City Council Meeting Tuesday, November 21, 2000 - 4:00 p.m. Page 6 Council Member Romero voiced concern about the fee increases proposed and mentioned a letter received from the HBA asking the Council to consider rejecting the recommendation to increase certain development impact fees. ACTION: Moved by Ewan /Schwartz to adopt Resolution No. 9130 updating City fees based on the Cost of Services Study completed by DMG Maximus in November 2000; motion carried 4:1 (Romero). 8. Finance Director Statler presented the staff report. Public Comments: John French and George Moylan spoke in favor. ---end of public testimony— 9. ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9131 waiving citywide development impact fees for affordable housing units in excess of inclusionary requirements; motion carried 5:0. NIPOOL PATEL). Public Works Director McCluskev presented the staff report. Mayor Settle opened the public hearing. There was no testimony. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Marx to 1) adopt Resolution No. 9132 conditionally abandoning a portion of Olive Street (formerly Flo Street) adjacent to Highway 101, and Morro Street, between Olive Street and Stenner Creek, and subject to: 1) reserving necessary easements for drainage and creek access, public utilities, bike and pedestrian pathway purposes; 2) purchase of excess City -owned right -of -way by the adjacent property owner; and 3) recordation of a Lot Line Adjustment or Lot Merger for the affected parcels, as recommended; motion carried 5:0. 10. INTRODUCTION OF AN ORDINANCE TO AMEND THE JOINT RECREATIONAL USE OF SCHOOL DISTRICT PROPERTY COMMITTEE (JUC) BYLAWS. 1 Recreation Manager Fitzgerald presented the staff report and noted, in response to an observation by Vice Mayor Schwartz, that the proposed ordinance and. draft resolution will be revised to provide for four -year terms, rather than two, to create consistency with other advisory bodies. JUC Chair Sails spoke in support of the recommendation. 1 City Council Meeting.. Page 7 Tuesday, November 21, 2000 - 4:00 p.m. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Schwartz to 1) introduction Ordinance No. 1379, as revised, amending the Joint Recreational Use of School District Property Committee (JUC) enabling ordinance to change the name of the committee to the Advisory Committee on Joint Use of Recreational Facilities and amend the committee's purpose. 2) Adopt Resolution No. 9133, as revised, amending the JUC bylaws to reflect the same changes; motion carried 5:0. BUSINESS ITEMS continued 11. AFFIRM THE PARKS AND RECREATION COMMISSION DECISION NOT TO FENCE AN AREA OF LAGUNA LAKE PARK FOR AN OFF -LEASH DOG PARK. Parks and Recreation Director LeSage presented the staff report. There were no public comments. ACTION: Moved by Ewan /Schwartz to approve the Parks and Recreation Commission's recommendation that the installation of permanent structures in Laguna Lake Park for the purpose of providing a fenced, off -leash dog area not be allowed; motion carried 5:0. 12. RECEIVE MARDI GRAS TASK FORCE REPORT. Recreation Coordinator Goossens provided a status report on issues addressed by the task force. Public Comments: John Thomas, Mystic Krewe, extended appreciation to staff and members of the task force. In addition, he asked the Council to consider maintaining the $10,000 cap for payment for City services to allow the event to continue in the coming years. —end public comments— Staff responded to questions from the Council. Council voiced support for the recommendations and encouraged staff to continue to look for ways to maintain safety and reduce costs. ACTION: Moved by Marx/Romero to receive the report of the Mardi Gras Task Force on the operation of the 2001 event and provide further direction as needed; motion carried 5:0. City Council Meeting Page 8 Tuesday, November 21, 2000 - 4:00 p.m. COUNCIL LIAISON REPORTS AIR POLLUTION CONTROL DISTRICT (APCD) 1 Council Member Ewan reported on the APCD meeting of November 15, 2000. (Report on file in the Office of the City Clerk.) DOWNTOWN ASSOCIATION Council Member Ewan provided a report on the Board Meeting of November 14, 2000. (Report on file in the Office of the City Clerk) ECONOMIC OPPORTURNITY COMMISSION (EOC) Council Member Marx announced that the Economic Opportunity Commission 25"' Anniversary celebration will be on December 15, 2000. The Commission developed their winter needs Wish List that includes winter clothing, jackets, sleeping bags and food. An update on EOC efforts to obtain subsidies for childcare for the working poor was also provided. COMMUNICATION Mayor Settle reported that he had received correspondence from Bradford Bosch, Serrano Sircle Homeowners Association, expressing concerns regarding nuisance abatement, enforcement and compliance at The Villages on Broad Street. The matter was referred to staff. There being no further business to come before the meeting at 10:10 p.m. to Friday, Decern 1, Palm Street, San Luis Obispo. I Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 1215/00 LP:dr 'Mav6r Settle adjourned the ouncil Chamber, 990 1