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Home My WebLink About02/05/2002MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 5, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Howell Marx, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; 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; Betsy DeJarnette, Assistant to the City Administrative Officer IPUBLIC COMMENT Tom Cantrell, San Luis Obispo resident, spoke in opposition to the housing allocation formula developed by the State Department of Housing and Community Development. He expressed concern about the mandate and how it may impact the City. Mary Beth Schroder. 2085 Wilding Lane, restated support for a senior citizen center at 1344 Nipomo. Marshall Ochvlski and Downtown Administrator Holley from the Downtown Association presented 2001 Beautification Awards. Council Members presented Certificates of Recognition, Certificates of Merit and Certificates of Excellence for new construction, exterior and interior remodel, and slgnagelawnings and maintenance. Marshall Ochyiski presented the Chairman's Award. Mayor Settle presented the Mayor's Award. The Nacimiento Pipeline Project was continued to February 19, 2002. CONSENT AGENDA Mayor Settle noted that, at the request of staff, Item C3 was withdrawn from the Consent Agenda. Council Member Mulholland pulled Item No. C7. Council Member Schwartz pulled Item No. C4. ACTION: Moved by Mulholland/Ewan to approve Items #1, 2, 5, 6 as recommended by the City Administrative Officer; motion carried 5:0. City Council Meeting Tuesday, February 5, 2002 - 7:00 p.m. C1. MINUTES OF TUESDAY, JANUARY 22.2002. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5:0. C2. THE CITY'S TRIP REDUCTION INCENTIVE PROGRAM (TRIP). Page 2 ACTION: Moved by Mulholland/Ewan to receive and review a status report for the Trip Reduction Incentive Program (TRIP), and approve TRIP as an on -going program; motion carried 5:0. C3. REALLOCATION OF 2001 -02 PROMOTIONAL COORDINATING COMMITTEE GRANTS -IN -AID FUNDS TO SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR THE IMMAGINARE FESTIVAL. Withdrawn at the request of staff. C4. REQUEST FOR PROPOSALS FOR PLANNING. ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE NORTH AREA REGIONAL FACILITY (NARF) (TRANSIT COMPONENT), SPECIFICATION NO. 90207A. Council Member Schwartz pulled this item to note concerns about design implications and sensibilities between this project and a related one scheduled to be considered at the next regular meeting (RFP for schematic design and environmental assessment for the NARF). He urged to defer action. There were no objections. Continued to March 19, 2002. C5. COST ALLOCATION PLAN 2001 -03. ACTION: Moved by Mulholland/Ewan to approve the 2001 -03 Cost Allocation Plan; motion carried 5:0. C6. FINAL ADOPTION OF ORDINANCE NO. 1407 OF MUNICIPAL CODE CHAPTER 2.40 AND AMENDING MUNICIPAL CODE CHAPTER 15.40 CONCERNING CAMPAIGN SIGNS. ACTION: Moved by MulhollandlEwan to adopt Ordinance No. 1407 (2002 Series) on second reading; motion carried 5:0. C7. CONTRACT AMENDMENT FOR DAMON- GARCIA SPORTS FIELDS. Council Member Mulholland pulled this item for discussion. Parks and Recreation Director LeSage provided the staff report and responded to questions. Public Comments Jeff Whitney. 416 Patricia Drive (American Youth Soccer Organization), urged the Council to move forward and not delay the construction of the fields any further. Dave Romero. 2057 Skylark Lane, argued that it may be time for the Council to reconsider the Prado Road alignment Rich Kreit 206 Marlene Lane, also encouraged the Council to proceed. City Council Meeting Page 3 Tuesday, February 5, 2002 - 7:00 p.m. Mary Beth Schroeder, 2085 Welding Lane, asserted that the Prado Road extension should not be built and encouraged the Council to focus on the fields. Mile Wliovich -La Bare. 605 Skyline, asked a variety of questions regarding funding for the construction of the sports fields and Prado Road, the status of the permit and of the archaeological site. In addition, she reiterated concerns expressed earlier in the process about Prado Road going through the middle of a youth recreational field. City Attorney Jorgensen clarified that the only issue before the Council is to authorize payment and emphasized that the City is obligated to pay the consultant for work that has been completed. Finance Director Statler reported that the responsibility of building Prado Road rests soley with the Margarita area property owners and the City has no obligation to build the road. Any grading done as part of the construction of the sports fields will not add to the total cost of the park project, as funds advanced for grading will be recovered, he concluded. —end of public comments— Public Works Director McCluskev responded to comments regarding the alignment of Prado Road. He clarified that the construction of the road will not delay the construction of the fields. Council discussion ensued. ACTION: Moved by Schwartz/Settle to amend the preliminary Design Services Contract with FIRMA in the amount of $56,478 to cover the Inclusion of the design of Prado Road in the project, additional costs resulting from revisiting Prado Road 1 alignment, and issues associated with the permitting requirement for the Army Corps of Engineers; motion carried 5:0. PUBLIC HEARINGS 1. Associate Planner Dunsmore presented the staff report and responded to questions from the Council. Mayor Settle opened the public hearing. Applicant David Scarry. 1130 Grove Street, provided background about the project envisioned and summarized plans to remodel the existing home. He noted that he hopes to incorporate additional parking into the plan and emphasized that only one exception is being requested. Council questions to the applicant followed. City Attorney Jorgensen clarified that the issue is a minor subdivision, not the ultimate development The only reason it's before the council Is because of the one exception. He advised that although there is neighborhood concern about the ultimate development of the property, the Council's only discretion is whether or not to grant the request for the exception. He also specified that the Council, under State Law, cannot require that a home be owner occupied or be rented. Deputy Director of Community Development Whisenand noted that the property has been designated as a sensitive site and the project will, therefore, get proper architectural review. City Council Meeting Tuesday, February 5, 2002 - 7:00 p.m. Page 4 MavorSettle called a break at 8:52 p.m. Reconvened at 9:05 p.m. Luther Bertrando. 267 Foothill, voiced opposition and concerns about the requested exception and the design of the proposed driveway. Betsy Bertrando, 267 Foothill, also opposed the minor subdivision noting it would be inconsisent with the character and scale of the neighborhood. She argued that the property has historic and archaeological significance and suggested the Council consider the formation of a historic district in that neighborhood. Roberta Fox, Director of Music and Student Work at the Foothill Baptist Church (317 Foothill), expressed worry that new tenants will not have enough parking and impose on the church. Donald Bolton Los Osos Resident (Foothill Baptist Church member), said the proposed development is too dense and speculated that the additional traffic will be too much for the neighborhood. in addition, he voiced concern that the new homes will be rented to students and there will be negative impacts to the church and the preschool as a result Applicant David Scam provided a rebuttal to the comments and emphasized that the church had had the first right of refusal on the property. As a courtesy, he called to see if he could build a home for the pastor, he added. He assured that Council that he was not trying to maximize his profits, but instead do a nice small houslilg 4evelopment. Mayor Settle closed the public hearing. Council discussion followed. Council Member Schwartz recommended that the Conditions of Approval be amended to require one additional parking space per home to make up for the lack of curbside parking. Staff proposed the addition of Condition #17, which would read as follows: "Each lot shall provide all parking on site, as required by Code, plus one additional visitor' space." A Council majority concurred with the added condition. Council Member Mulholland spoke in opposition to the staff's recommendation to grant the tentative map and the exception because the proposed project will impact the current quality of life in the neighborhood. She contended that the site is not suited for the type and design proposed, and further, that granting an exception will be detrimental to properties in the vicinity. Mayor Settle argued that the applicant can lawfully develop the property, without the exception and pointed out that denying the subdivision will not solve the problems foreseen by the neighbors. Vice Mayor Marx remarked that while the project raises an important issue (large existing lots and what you can do with them), the lot has the capacity to bear the kind of subdivision proposed and approval is appropriate within the application of existing ordinances.. She encouraged the developer to consider using the City's model lease if the homes will eventually be rented out ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9288 (2002 Series) to: 1) approve a mitigated negative Declaration. 2) Approve a tentative parcel map with City Council Meeting Page 5 Tuesday, February 5, 2002 - 7:00 p.m. exceptions to the subdivision Regulation, based on findings and subject to conditions, as amended; motion carried 4:1, Mulholland. STUDY SESSION 2. PARKING & ACCESS ADVISORY BODY – REPORT ON ALTERNATIVES. Transportation Associate Mandeville presented the staff report. Public Comments Deborah Holley. Downtown Administrator, reported that the Association has never opposed the formation of an additional advisory body although It has asked about the details of its formation and wants to have input. She clarified that the Downtown Association is a Council advisory body, is community based and open to meeting with other advisory bodies to develop solutions. Jean Anderson. 544 Pacific Street, asked the Council to recognize that pedestrians don't have a voice and expressed opposition to Atemative D (proposed elimination of the Mass Transportation Committee (MTC) and the Bicycle Advisory Committee (BAC). Eugene Jud, 665 Leff Street, spoke in favor of forming a new advisory body but urged the Council to be sure that other organizations are getting equal treatment and input on parking and access issues. He asked that the Council not subsidize a specific group by paying a City staff member to attend their meetings and provide datarnformation that others are not privy 1 to. He asserted that parking and access issues are Citywide, not just in the downtown, and urged the Council to involve the Planning Commission and seek more expertise. Paul Dahan. Chairman of the MTC, voiced opposition to Altenative D. Mike Spangler, Spangler Investments (644 Marsh Street), reminded the Council that the Downtown Association has been giving advice to the Council for over fifty years. He encouraged the Downtown Association and Chamber of Commerce to stay active in parking and access Issues. Dave Romero. 2057 Skylark, voiced opposition to Alternative D and questioned whether any committee will make things better. —End of public comments— Lengthy Council discussion followed. Council Member Schwartz reiterated his opinion that the Planning Commission is the appropriate body to provide advice on transportation, parking and access issues. Vice Mayor Marx said she envisions a committee that will give advice to the Planning Commission, to the Architectural Review Commission and to the City Council, depending upon the siutation. She indicated she would not support the elimination of the MTC or the BAC. She argued that the Planning Commission needs to pay more attention, particularly in the areas where land use and circulation come together, but pointed out that it will need some assistance In doing that from others with more expertise and Interest in parking and access Issues. She proposed that staff support from the Parking Division be moved from the Downtown Association to any new committee formed. City Council Meeting Page 6 Tuesday, February 5, 2002 - 7:00 p.m. Council Member Ewan concurred that a new committee is needed to address parking issues, including parking demand reduction. Council Member Mulholland agrees with Council Member Schwartz that these issues should and can be dealt with by the Planning Commission and proposed a joint study session with the Commission to explore that option further. She also argued in opposition to Altemtative D. Mayor Settle indicated that he would prefer that the Planning Commission be given the opportunity to have an enhanced role, as described in Alternative A, and stated that a new commission would involve a lot of staff time. City Administrative Officer Hampian suggested that the Council look at Suggestions 1 and 2 In the staff report and wait to form a committee until It has an opportunity to meet with the Planning Commission sometime in the Spring to consider the alternatives. He emphasized that the Council has the ability to form an ad hoc committee at any time on a particular Issue if they need to and clarified that any change in parking boundaries will require review by the Planning Commission. ACTION: Moved by Settle/Schwartz to direct staff to organize a joint meeting with the Planning Commission to explore and discuss in more detail the recommendations and alternatives outlined in the staff report. (3:2, Ewan, Marx) L� COMMUNICATIONS Vice Mayor Marx suggested that Council invite Christopher Rose of the Regional Water 1 Quality Board to make a presentation about on -going work to monitor the water quality of San Luis Creek Council concurred and asked staff to coordinate. City Clerk Price presented the preliminary Council Calendar for the next two months. Council authorized special meetings on March 12, 2002 and March 26, 2002. Council Member Ewan offered to act as the Council representative at meetings with City staff and the Army Corps of Engineers about the status of the permit for the Damon - Garcia Sports Fields. Council concurred. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the Mass Transportation Commission workshop of January 30, 2002. Council Member Mulholland presented an update of the February 2, 2002 Student Community Relations Workshop sponsored by Poly Voice and Residents for Quality Neighborhoods. There being no further business to come before the City Fun Mayor Settle adjourned the meeting at 12:00 am. to Tuesday, February 19, 2002 4: n the eouncil Cfiamber, 990 Palm Street, San Luis Obispo. ®. , Lee Prib� C.M.C. " City Clerk APPROVED BY COUNCIL: 2119/2002 LP:mk