HomeMy WebLinkAbout03/19/2002MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 19, 2002 - 5:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Jan Howell Marx, Christine Mulholland, Ken
Schwartz, Vice Mayor John Ewan, 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 Staffer, Finance Director, 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; Glen
Matteson, Associate Planner; Michael Codron, Associate Planner;
Whitney Mcllvaine, Associate Planner; Barndi Diffenderfer, Ranger
Services Coordinator; Bart Topham, Police Captain; Mary Kopecky,
' Assistant City Clerk
BUSINESS ITEMS
1. OBTAINING COUNTY AIRPORT LAND USE COMMISSION ACCEPTANCE OF A
REVISED DRAFT MARGARITA AREA SPECIFIC PLAN.
Vice Mayor Marx and Council Member Schwartz provided introductions and background
regarding the Draft Margarita Area Specific Plan. Associate Planner Matteson summarized
the staff report and Community Development Director Mandeville outlined the next steps.
City Attorney Jorgensen advised that during final discussions with the members of the
subcommittee and support staff, it was determined that there Is no need for an
Memorandum of Understanding (MOU) and revised Recommendation #2, as follows:
Direct staff to work with staff of the County Airport Land Use Commission,
1OFFRalize an agFeement allowing to ensure that the revised draft Margarita Area
Specific Plan to be is evaluated under the adopted (1973) Airport Land Use Plan and
the proposed standards and conceptual map.
Public Comments:
Speaking in support of the revised plan:
Airport Land Use Commissioner Tefft
Airport Land Use Commissioner Romero
Assistant Airport Manager Pell
John French, representative for Cowan Trust (Margarita area property owner)
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
Page 2
Dave Watson, speaking on behalf of John King
Other Comments: I
Nick Muick 3731 Orcutt Road, suggested revisions to the plan.
Eugene Jud, 665 Leff Street, expressed general support but wanted transportation issues
reviewed again.
Bill Wilson, 1690 Southwood, urged Council to acquire more land from the Garcia family to
enlarge the sports complex, protect the hillside and make It a park.
Mary Beth Schroeder, 2085 Wilding Lane, spoke against development in the Margarita area.
—end of public comments—
Council discussion ensued. Council Member Mulholland commented that she does not
support the plan to develop the Margarita Area because the City does not have the
resources to serve it She emphasized for that reason, she will not vote to spend money on
additional related planning and environmental documents.
ACTION: Moved by Marx/Schwartz to: 1) Direct staff to revise the draft Margarita
Area Specific Plan, to conform to the airport compatibility standards and conceptual
map that are recommended by the committee of Airport Land Use Commission and
City Council representatives (Attachments 1 and 2). 2) Direct staff to work with staff
of the County Airport Land Use Commission to ensure that the revised draft
Margarita Area Specific Plan is evaluated under the adopted (1973) Airport Land Use
Plan and the proposed standards and conceptual map; motion carried 4:1
(Mulholland).
Mayor Settle called a break at 6:07 p.m. The meeting reconvened at 7.00 p.m.
PRESENTATION
Paul Boniur, National Smooth Dancers Association Member, presented a donation to the
Prado Day Center. Debbie Nicklaus and Deborah Holley accepted on behalf of the Friends
of the Prado Day Center.
PUBLIC COMMENT
Situ Kelvin Berming Harrison reiterated claims of harassment and discrimination.
Gary Fowler expressed concern regarding the possible closure of Broad Street near the
Mission Plaza.
Mary Beth Schroeder voiced opposition to the Bowden Ranch Development (Item C4) and
urged Council to declare it open space.
Paul Dahan expressed frustration and disappointment regarding not being reappointed to the
Mass Transportation Committee.
L�
City Council Meeting Page 3
Tuesday, March 19, 2002 - 5:00 p.m.
CONSENT AGENDA
ACTION: Moved by Ewan/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. MINUTES OF TUESDAY FEBRUARY 26.2002 AND TUESDAY, MARCH 5.2002.
ACTION: Moved by Ewan/Mulholland to waive oral reading and approve the
minutes as submitted; motion carried 5:0.
C2.
al
C4.
C5.
C6.
ACTION: Moved by Ewan/Mulholland to authorize staff to submit a federal grant
application from the Federal Assistance to Firefighter Grant Program for two
thermal imaging cameras in the amount of $45,000; motion carried 5:0.
ACTION: Moved by Ewan/Mulholland to: 1) Approve plans and specifications for
"Watermain Improvement Project: Motel Inn to Santa Ynez, Specification No. 90230;
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 Engineer's Estimate;
motion carried 5:0.
ACTION: Moved by Ewan/Mulholland to: 1) Approve the work scope for
Environmental Impact Report (EIR) consultant services in connection with the
Bowden Ranch project and authorize staff to proceed with sending out Request for
Proposal (RFP) documents to qualified consulting firms. 2) Authorize the City
Administrative Officer to award the contract to a qualified consulting firm,
contingent upon the developer depositing with the City the amount-of the contract
plus a 300/6 administrative fee; motion carried 5:0.
APPROVE ALCOHOLIC BEVERAGE CONTROL GRANT APPLICATION SUBMITTAL.
ACTION: Moved by Ewan/Mulholland to authorize staff to submit a grant application
proposal to the Department of Alcoholic Beverage Control; motion carried 5:0.
APPROVE AND AWARD RESERVOIR #2 CLEAN AND REPAIR PROJECT.
ACTION: Moved by Ewan/Mulholland to: 1) Approve the Reservoir #2 Clean and
Repair Project —City Specification No. 90226. 2) Award the contract to C.W. Neal
Corporation in an amount not to exceed $71,445. 3) Authorize the transfer of
$50,000 from the Water Fund balance to support the project; motion carried 5:0.
C7. INCREASE IN BENEFITS FOR CERTAIN TEMPORARY POSITIONS.
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
C8.
Page 4
ACTION: Moved by Ewan/Mulholland to approve an increase in benefits for certain
temporary employees in the Parks and Recreation Department; motion carried 5:0.
ACTION: Moved by Ewan/Mulholland to: 1) Approve and execute Amendment to
Agreement between the City of San Luis Obispo and RRM Design Group to support
additional planning services at a cost not to exceed $30,000. 2) Approve budget
amendment to transfer funds to the appropriate project account; motion carried 5:0.
Council discussed the appointment process and, in particular, re- appointments.
ACTION: Moved by Ewan/Mulholland to approve the Council Subcommittees
appointment recommendations in one motion; motion carried 5:0.
Al. APPOINTMENT RECOMMENDATION TO THE CONSTRUCTION BOARD OF
APPEALS.
ACTION: Moved by Ewan/Mulholland to appoint Steven Paige to complete Jack
Kellerman's term to begin immediately and expire on March 31, 2005; motion carried
5:0.
A2. APPOINTMENT RECOMMENDATION TO THE TREE COMMITTEE.
ACTION: Moved by Ewan/Mulholland to appoint Linda Hauss to a four -year tern to
begin April 1, 2002 and expire on March 31, 2006; motion carried 5:0.
A3. APPOINTMENT RECOMMENDATIONS TO THE ARCHITECTURAL REVIEW
COMMISSION.
ACTION: Moved by Ewan/Mulholland to: 1) Appoint Allen Root to a four -year term
beginning on April 1, 2002 and expiring on March 31, 2006. 2) Reappoint Mark
Rawson to a four -year term beginning on April 1, 2002 and expiring on March 31,
2006; motion carried 5:0.
A4. APPOINTMENT RECOMMENDATIONS TO THE PARKS AND RECREATION
COMMISSION.
ACTION: Moved by Ewan/Mulholland to: 1) Reappoint Peter Dunan to a four -year
term beginning on April 1, 2002 and expiring on March 31, 2006. 2) Appoint Daniel
Buckshi to a four -year tern beginning on April 1, 2002 and expiring on March 31,
2006; motion carried 5:0.
A5. APPOINTMENT RECOMMENDATIONS TO THE BICYCLE ADVISORY COMMITTEE.
ACTION: Moved by Ewan/Mulholland to: 1) Appoint Darren Brown to a four -year
term beginning on April 1, 2002 and expiring on March 31, 2006. 2) Appoint Dixon
Moore to a four -year term beginning on April 1, 2002 and expiring on March 31,
1
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
Page 5
2006. 3) Appoint Kristen Kent to a two-year term beginning immediately and
' expiring on March 31, 2004; motion carried 5:0.
A6. APPOINTMENT RECOMMENDATIONS TO THE COMMITTEE ON JOINT
ACTION: Moved by Ewan/Mulholland to: 1) Reappoint Richard Kriet to a four -year
term beginning on April 1, 2002 and expiring on March 31, 2006. 2) Reappoint Larry
Smyth to a four -year term beginning on April 1, 2002 and expiring on March 31,
2006; motion carried 5:0.
A7. APPOINTMENT RECOMMENDATIONS TO THE CULTURAL HERITAGE COMMITTEE.
ACTION: Moved by Ewan/Mulholland to: 1) Reappoint Thomas Wheeler to a four -
year tern beginning on April 1, 2002 and ending on March 31, 2006. 2) Appoint
Chuck Crotser to a four -year term beginning on April 1, 2002 and ending on March
31, 2006; motion carried 5:0.
AS.
ACTION: Moved by Ewan/Mulholland to: 1) Reappoint Sandy Baer to a one -year
term beginning April 1, 2002 and expiring on March 31, 2003. 2) Appoint Cate
Norton to a four -year term beginning on April 1, 2002 and expiring on March 31,
2006; motion carried 5:0.
' A9. APPOINTMENT RECOMMENDATIONS TO THE PERSONNEL BOARD.
ACTION: Moved by Ewan/Mulholland to appoint Louise Matheny to a four -year term
to begin on April 1, 2002 and end March 31, 2006; motion carried 5:0.
A10. APPOINTMENT RECOMMENDATIONS TO THE PLANNING COMMISSION.
ACTION: Moved by Ewan/Mulholland to reappoint Michael Boswell, Orval Osborne,
and Alice Loh to four -year terms to begin on April 1, 2002 and expire on March 31,
2006; motion carried 5:0.
A11.
ACTION: Moved by Ewan/Mulholland to: 1) Appoint Bob Johnson to a four -year
term as the Senior Representative on the Mass Transportation Committee to begin
April 1, 2002 and end on March 31, 2006. 2) Reappoint Jean Knox to a four -year
term as the Business Representative on the Mass Transportation Committee to
begin April 1, 2002 and end on March 31, 2006. 3) Appoint Kathy Howard to a four -
year term as the Alternate Member to the Mass Transportation Committee to begin
on April 1, 2002 and end on March 31, 2006; motion carried 5:0.
PUBLIC HEARINGS
2. AN APPEAL OF THE CULTURAL HERITAGE COMMITTEE DETERMINATIONS THAT
I TWO BUILDINGS LOCATED ON 497 MARSH STREET ARE SIGNIFICANT HISTORIC
RESOURCES AND THAT THE BUILDINGS' LOCATIONS ARE INTEGRAL TO THEIR
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
Page 6
HISTORIC SIGNIFICANCE (ARC 164-01): CHRIS SKIFF, APPELLANT THE MANSE
ON MARSH. (Continued from 315102)
Associate Planner Codron presented a brief synopsis of the staff report and noted that staff
has developed some alternative findings for the resolution to deny the appeal.
Mayor Settle opened the public hearing.
Chris Skiff appellant, offered to move the buildings at his expense. He argued that if the
homes are required to remain, it will significantly reduce the development potential and make
the project financially unfeasible. He urged Council to grant the appeal and allow the
relocation of the structures.
Dave Romero, 2057 Skylark Lane, spoke in support of upholding the appeal.
Astrid Gallagher, 1680 La Finca CI., Arroyo Grande, argued in support of denying the appeal
Paula Carr . Cultural Heritage Committee Member, urged the Council not to allow relocation of
the buildings but rather commit to preserving the resources.
Bob Pavlik. Cultural Heritage Committee Member, asked Council to affirm the Cultural
Heritage Commission findings and encourage the applicant to search for a creative design
solution.
Mary Beth Schroder urged the Council to deny the appeal.
Mayor Settle closed the public hearing.
Council Member Ewan favored giving an adaptive reuse, urged the applicant to be creative
and indicated he would be favorable to denying the appeal. Council Member Mulholland
concurred.
Council Member Marx read excerpts from CHC architectural criteria and proposed additional
findings in support of denying the appeal, as outlined in her memo to the Council (on file in
the Office of the City Clerk).
Council Member Schwartz argued that he believes that findings can be made to allow moving
the house. Mavor Settle agreed.
Associate Planner Codron presented amended and additional findings (on file in the Office of
the City Clerk).
ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9295 (2002 Series), as
amended, denying the appeal and affirming the Cultural Heritage Committee's
significance determinations for the buildings on 497 Marsh Street; motion carried
3:2 (Schwartz/Settle).
Mayor Settle called a break at 8:34 p.m. At 8:47 p.m. the meeting resumed.
3.
1
r.
1
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
Page 7
Council Member Ewan -stepped down due to a potential conflict of Interest (owns business
' within the project area).
Associate Planner Codron presented the staff report.
Mayor Settle opened the public hearing.
Vic Montgomery. RRM Design and Richard Starzack. Myer Frank & Associates (representing
the applicant/appellant) argued that the subject structures are not historically or achitecturally
significant They urged the Council to uphold the appeal.
Spealdna in favor of upholding the anneal:
Santos Arrona. Chairperson of the Economic Opportunity Commission, 410 Corrida
Steve McGrath, Facilities Director of the Economic Opportunity Commission, 1030 Southwood
Biz Steinberg, Executive Director of the Economic Opportunity Commission, 1030 Southwood
Dave Romero. 2057 Skylark Lane
Speaking In support of the CHC determination:
Paula Carr. Cultural Heritage Committee Member
Mayor Settle closed the public hearing.
Vice Mayor Marx shared excerpts from the Redevelopment Feasibility Study prepared by
Urban Futures, Inc. for the Council in 1998 that Indicate that the structures represent urban
blight She argued that they are not historical and urged the Council to adopt the alternative
recommendation (Draft Resolution C) that upholds the appeal and allows the project to go
without delay. Mayor Settle agreed.
Council Member Schwartz said he supports the City Administrative Officer's recommendation
to get an additional expert opinion.
Council Member Mulholland remarked that she does not favor the recommendation and,
further, will not support the project because its size and scale are not appropriate for the
neighborhood.
MOTION: Moved by Marx/Settle to uphold the appeal of the CHC determination; motion
failed 2:2 (Schwartz/Mulholland).
ACTION: Moved by Schwartz/Settle to adopt Resolution No. 9296 (2002 Series).
holding In abeyance the appeal of the Cultural Heritage Committee historical
significance determinations for the buildings at 2238 Broad Street, pending full and
independent analysis of Cultural Resources Issues in the project Environmental
Impact Report; motion passed 3:1 (Mulholland).
Vice Mayor Marx clarified that she voted in favor of the motion because she preferred that
the matter move forward rather than pend. She added that an EIR is required for the
project regardless.
Council Member Ewan returned to the dais.
4. A VESTING TENTATIVE MAP FOR A 17 -UNIT CONDOMINIUM PROJECT AND
ENVIRONMENTAL REVIEW: 1144 WALNUT (TRIER 130-01).
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
Page 8
Associate Planner Codron presented the staff report.
Mayor Settle opened the public hearing.
Carol Florence, applicant's representative, spoke to the merits of the proposed project and
urged approval. She responded to brief questions from the Council.
Paula Carr , Cultural Heritage Committee Member, commented that this project did not come
before the CHIC but she has learned that there are historic resources on the site. She urged
the Council to allow the CHC to have more opportunities to provide proactive advice.
In response to questions from the Council, the applicant, John Wilson (444 Higuera Street),
replied that he will provide the unit on site, that it will be maintained as affordable for thirty
years and that the Housing Authority will manage the contract.
Mayor Settle closed the public hearing.
Associate Planner Codron summarized thresholds and criteria for determining historical
significance. He reported that none of the buildings on this site qualified for review by the
CHC. Community Development Director Mandeville added that not all demolition permits
are referred to the CHC. The initial study on this project did not warrant the referral, he
concluded.
ACTION: Moved by Schwartz/Ewan to adopt a Resolution No. 9297 (2002 Series)
approving the proposed vesting tentative map and Mitigated Negative Declaration;
motion carried 5:0. 1
Mayor called a break at 10:21 p.m. The meeting resumed at 10:28 p.m.
5.
VIOLATIONS.
Ranger Services Coordinator Diffenderfer presented the staff report
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Marx/Mulholland as recommended by the Parks and Recreation
Commission, Introduce Ordinance No. 1410 (2002 Series) on first reading amending
Municipal Code-Sections 1.12.060, 12.20.110, and 12.22.060, to change parks and
open space violations from misdemeanors to infractions; motion carried 5:0.
6. INTRODUCTION OF AN ORDINANCE AMENDING PARKING IN -LIEU FEES.
Public Works Director McCluskev presented the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by SchwartzlMarx to introduce Ordinance No. 1411 (2002 Series)
on first reading to amend Section 4.50.020 (Parking In -Lieu Fees for the Central
City Council Meeting
Tuesday, March 19, 2002 - 5:00 p.m.
1 ,.
Page 9
Commercial Zone - Calculating Fees) of the San Luis Obispo Municipal Code
eliminating City- provided financing of Parking In -Lieu fees; motion carried 5:0.
Community Development Director Mandeville presented the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Moved by Marx/Ewan to Introduce Ordinance No. 1409 (2002 Series) on
first reading approving a mitigated negative declaration, finding that a General Plan
amendment is not necessary, and approving a zoning text amendment to allow
wireless telecommunication facilities in certain additional commercial zones,
subject to specific development standards; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Mulholland recapped the March 13, 2002 Mass Transportation Committee
meeting.
Vice Mayor Marx gave an update of the March 13, 2002 Zone 9 meeting.
Vice Mayor Marx provided an update of the latest Whale Rock Commission meeting.
Vice Mayor Marx summarized the February 27, 2002 Economic Vitality Corporation board
meeting and noted that Ray Johnson, new Executive Director, has made some impressive
Improvements.
COMMUNICATIONS
Council Member Schwartz encouraged the Cultural Heritage Committee to be more proactive
In updating the Master List of Historic Properties.
Vice Mayor Marx suggested that the Council invite instructors of the 'Implementing
Sustainable Principles" class at Cal Poly to make a brief presentation to the Council and
Planning Commission about student projects reflecting Ideas for accommodating new
housing in SLO. She recommended that the presentation be provided on April 30, 2002
when the Council meets in joint session with the Commission. Council concurred and
requested that staff coordinate the presentation.
There being no further business to come before the City Council, Ma o SVelel
adjourned the
meeting at 10:50 p.m. to Tuesday, March 26, 2002 7:00 j . n e Coun Cambe r, 990
Palm Street, San Luis Obispo.
Lee Price, C.M.C.
'
City Clerk
APPROVED BY COUNCIL: 4/212002
LP:mk