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.,;