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HomeMy WebLinkAbout12/05/2000MINUTES . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 5, 2000 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Jan Howell Marx, Christine Mulholland, 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, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George, Assistant to the CAD; Jeff Hook, Associate Planner; John Shoals, Associate Planner; Whitney Mcllvaine, Associate Planner; Austin O'Dell, Transit Manager; Wayne Peterson, City Engineer ECONOMIC VITALITY CORPORATION BUSINESS RETENTION AND EXPANSION PROGRAM. ACTION: Dave Spaur, President and CAD of the EVC, distributed the Business Retention and Expansion Program Final Report and summarized its main points. (On file in the Office of the City Clerk). PUBLIC COMMENT Downtown business owners Dave Kastner, Mike Spangler, and Tom Copeland, and Downtown Parking Committee Chair Tom Swem urged the Council to proceed with the Marsh Street Parking structure expansion project without delay. Sifu Kelvin Harrison repeated previously expressed concerns regarding harassment and racial discrimination. Jonni Biaggini, Executive Director of the SLO County Visitors and Conference Bureau, distributed to the Council the new SLO County Destination Guide. 1 CONSENT AGENDA City Council Meeting Tuesday, December 5, 2000 - 7:00 p.m. Page 2 ACTION: Moved by SchwarhJMarx to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. Cl. COUNCIL MINUTES OF TUESDAY, NOVEMBER 21, 2000. Council Member Ewan suggested a minor change to Page 2 of the Minutes. C2. C3. ACTION: Moved by Schwartz/Marx to waive oral reading and approve as revised; motion carried 5:0. ACTION: Moved by Schwartz/Marx to 1) approve plans and specifications for "Polybutylene Service Replacements, Specification No. 90063A." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the project budget; motion carried 5:0. MORRO STREET. ACTION: Moved by Schwartz/Marx to approve the expenditure of $31,611 from the Parking Fund's completed Capital Improvement Project (CIP) account to soundproof the apartment building at 865 Morro Street (Berkemeyer Apartments) as a condition of the approved mitigation measures for the construction of the Palm Street Parking 1 Garage; motion carried 5:0. C4. RECEIVE ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. C5. ACTION: Moved by Schwartz/Marx to receive and file annual statements of revenues and expenditures from development impact fees for 1999 -2000 (water, wastewater and transportation); motion carried 5:0. ACTION: Moved by Schwartz/Marx to grant final passage to Ordinance No. 1377 (2000 Series).; motion carried 5:0. APPOINTMENTS Al. APPOINTMENT OF DOWNTOWN ASSOCIATION BOARD MEMBER TO FILL VACANCY. Brett Weaver, President of the Downtown Assn, presented the recommendation. ACTION: Moved by Ewan/Schwartz to appoint Michelle Garlick to the Downtown Association Board of Directors; motion carried 5:0. A2. VICE MAYOR APPOINTMENT FOR 2001. City Council Meeting Tuesday, December 5, 2000 - 7:00 p.m. Page 3 ACTION: Moved by SettletSchwartz to appoint Council Member Ewan as Vice Mayor to serve a one -year term commencing upon appointment; motion carried 5:0. BUSINESS ITEM CAL POLY MASTER PLAN FINAL DRAFT A. Presentation by Cal Poly of the Plan Linda Dalton and Chris Clark presented the Plan. B. Presentation by Staff of City Comments Long Range Planning Manager Mandeville, presented the staff report. Staff recommended that written comments submitted by Residents for Quality Neighborhoods (RON), and Utilities Director Moss be included in the City's formal comments, with one exception. He explained that staff was proposing modifications to language suggested by RON's as it relates to the Heery Plan's recommendations relevant to future development of the Mustang Stadium. He noted that RON was agreeable to the change. In addition, he recommended concerns expressed by the Bishop's Peak area neighborhood in their letter of December 3, 2000 be forwarded to Cal Poly as an attachment to the letter. Public Comments: Naomi Wright, Foothill Blvd resident, expressed support for the Master Plan's proposals for housing to free up housing for young families. She urged the Council to encourage adequate housing on the campus and suggested that the Council appoint a committee to work with Cal Poly and Cuesta College to address student housing needs. Julie Frankel, member of the Bishop's Peak Neighborhood, was present to support the comments forwarded to the Council in their letter dated December 3, 2000 and included in the packet. Richard Kranzdorf ,160 Graves, requested that his written comments be forwarded to Cal Poly. Assistant -City Administrative Officer Hamaian pointed out that the number one point in the draft letter to Cal Poly addresses most of Mr. Kranzdorf's concerns. Phil Ashley, 1586 LaCita Court, expressed concerns regarding environmental impacts in the Slack Street area as well as to the north side of Brizzolara Creek as a result of proposed student housing (H -1, 2, and 3). He recommended that other alternatives be considered, including building housing over parking lots and developing shared housing with Cuesta College at Camp SLO. Steven Marx, 265 Albert Drive, agreed with the previous speaker and urged the Council to encourage Cal Poly to include some other alternatives to lessen the impact to sensitive areas. Sydney Holcomb, Chair of RON, was present to support the comments submitted to the City and indicated that she was pleased with the collaborative effort. She confirmed that ' RON agrees with revised language as proposed by Long Range Planning Manager Mandeville. City Council Meeting Tuesday, December 5, 2000 - 7:00 p.m. Page 4 —end public comments — Council questions to Cal Poly and staff followed. After providing Individual Council comments, the Council made the following motion: ACTION: Moved by Schwartz/Ewan to 1) consider the recommended comments outlined in the staff report and any additional recommendations from Council Members and/or the public. 2) Authorize the Mayor to sign a letter forwarding to the University the City's comments, incorporating the comments of Utilities Director Moss and RON (as modified), and the concerns expressed by the Bishop's Peak area residents in their letter of December 3, 2000; and to also forward written public comments received by the City; motion carried 5:0. PUBLIC HEARINGS 2. APPROVE ZONE RECLASSIFICATION FOR PROPERTY AT 486 MARSH STREET AND 545 HIGUERA STREET FROM RETAIL COMMERCIAL (C-R) TO CENTRAL COMMERCIAL (C-C): COAST NATIONAL BANK, APPLICANT. Associate Planner Mclivaine presented the staff report and responded to questions. Mayor Settle opened the public hearing. Steve Pultz, architect/applicant's representative, responded to questions from the Council. Mayor Settle closed the public hearing. 1 Council Member Schwartz expressed frustration about the delay in moving forward with the zoning regulation review because he is concerned about sensitive projects coming to the Council with questions unanswered, particularly about design issues. He also voiced concern for the potential of new development going to three stories. Long Range Planning Manager Whisenand confirmed that the matter before the Council is just the rezoning and not the project. He added that staff feels comfortable with the zone change and urged the Council to rely on the Architectural Review Commission to review the design issues. Council Member Schwartz commented that the initial project was not compatible with the cultural/historical characteristics of the neighborhood, particularly the Jack House or the Kaetzel House, but noted that the redesign is much improved Council Member Mulholland commented that "piecemeal" development will have a long term impact on parking in the downtown and voiced apprehension about approving the project because It may add to the parking deficit. Vice Mayor Schwartz agrees. Council Member Schwartz agreed and commented that the City is on the verge of losing an aggregate of properties that will create a retail anchor for that part of downtown. He added that he will support this project, but feels the larger issue is Commercial Service and Commercial Retail zoning and parking in the downtown. Vice Mayor Ewan commented in support of the rezoning and future Council discussions about expanding the parking district in the downtown. ACTION: Moved by Ewan/Schwartz to introduce Ordinance No.1380'approving a mitigated negative declaration and amending the zoning map from C-R to C -C for property at 486 Marsh Street and 545 Higuera Street; motion carried 5:0. 1 City Council Meeting Tuesday, December 5, 2000 - 7:00 p.m. Page 5 3, APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE USE PERMIT ' U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD: 3165 AND 3211 BROAD, C -S-PD ZONE, JESSE NORRIS/MIKE AND SONIA HOOK - APPELLANTS. Council Member Marx stepped down due to a potential conflict of interest (relative employed at the center). Acting Community Development Director Whisenand presented the staff report. Council Member Schwartz proposed a revision to the resolution (Section 2, Item 2: add "required to provide". Mayor Settle opened the public hearing. Rob Strong, applicant/appellant representative, agreed with the staff recommendation and the modification as proposed by Council Member Schwartz. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9135 denying the appeal and approving the use permit based on modified findings and conditions as revised; motion carried 5:0. Council Member Marx returned to the dais. BUSINESS ITEMS 4. EVALUATION AND CONSIDERATION OF POSSIBLE EXPANSION OF THE MILLS ACT HISTORIC PROPERTY TAX INCENTIVE PROGRAM. Acting Community Development Director Mandeville presented the staff report Public Comments: The Clerk noted for the record that four letters had come in after five o'clock from the following individuals expressing support for the program: Mary Martin, 1435 Broad Street Malcolm and Peggy Carlaw, 461 Islay Street Jay and Helen Elder, 4463 Islay Street Gail Johnson, 547 Marsh Street Speaking in support of the CAO recommendation were the following: Bob Pavlik, CHC Chair Steve Zienkenhoff, 1720 Johnson (Judge's House) Dan Smith. 1212 Garden Street (Garden Street Inn) - -end public comments— ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9136 that: 1) approves the Cultural Heritage Committee's recommendation to expand the Mills Act Program City Council Meeting Page 6 Tuesday, December 5, 2000 - 7:00 p.m. to include additional historic properties, and 2) directs staff to work with the County to set an application fee for the program; motion carried 5:0. 5. APPROVE DOWNTOWN RESTROOM - CITY PROJECT NO. 90108 AND PUBLIC ART PROJECT - CITY PROJECT NO. 90108A. City Engineer Peterson presented the staff report. Public Comments: Bruce Fraser, architect, responded to brief questions from the Council. —end of public testimony— ACTION: Moved by Marx/Mulholland to 1) approve restroom public art proposal by artist Mark Jepsen. 2) Authorize the City Administrative Office to execute an agreement with the artist. 3) Approve plans and specifications for "Downtown Restroom," Specification No. 90108. Authorize staff to advertise for bids and authorize the City Administrative Office to award the contract if the lowest responsible bid is within the engineer's estimate. 5) Approve the transfer of up to $57,000 from the completed projects account to the project account; motion carried 5:0. 6. PROCUREMENT OF THREE GILLIG TRANSIT COACHES FOR FISCAL YEAR 200 -2001. Transit Manager O'Dell presented the staff report. There were no comments from the public. ACTION: Moved by Ewan/Schwartz to approve the purchase of three forty-foot transit coaches manufactured by the Gillig Corporation, in accordance with the Federal Transit Administration guidelines pertaining to piggyback procurements, and authorize the City Administrative Officer to award the contract if it is within the $825,000 budget; motion carried 5:0. COUNCIL LIAISON REPORTS None. COMMUNICATIONS Council Member Ewan asked Council to consider allocating $5,000 for the Safe Ride Home Program. ACTION: The matter was referred to staff to come back with appropriate mid -year budget request. Council Member Ewan requested information about current trends and minimum grocery store square footages in helping to provide an answer to the question of "What size does a grocery store need to be profitable in a neighborhood ?" Council Member Marx also requested information about the locations and sizes of grocery stores in the City at present. ACTION: Staff agreed to provide the information to the Council. City Council Meeting Tuesday, December 5, 2000 - 7:00 p.m. . Page 7 Council Member Marx summarized her requests outlined in a memo to the Council (on file in I the Office of the City Clerk) for reconsideration of actions relating to the Marsh Street Garage expansion project. 1 ACTION: Council agreed to reconsider its action of September 28, 2000 to authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's estimate and directed staff to bring back the bids for award of the contract by the Council. The Council also agreed to discuss at the January 23, 2001 Council Study Session on the Parking and Downtown Access Plan (PDAP) Council Member Marx's requests to consider whether the Plan should be rewritten to include consideration of the Marsh Street Garage expansion as if it had not been built and to reconsider a previous Council decision to pay for parking management and alternative transportation programs out of the General Fund and not the Parking Fund. City Clerk Price presented a tentative meeting schedule for the first quarter of 2001 for Council review and proposed that the Council reschedule the first meeting of January due to the holidays. ACTION: Council rescheduled the first meeting of January from January 2, 2001 to January 9, 2001. There being no further business to come before the City meeting at 11:23 p.m. to Tuesday, December 12, 2000 at Palm Street, San Luis Obispo. n APPROVED BY COUNCIL: 1/9/01 LP:dr Lee POW, City Clerk hdil, Ma or Settleladjourned the he Co cil Chamber, 990 P-m.,;