HomeMy WebLinkAbout03/16/2004MINUTES
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 16, 2004 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle,
Vice Mayor Ken Schwartz and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Diane Reynolds, Deputy City Clerk; Wendy George,
Assistant City Administrative Officer; John Mandeville, Community
Development Director; Bill Statler, Finance Director; Deborah
Linden, Police Chief; Wolfgang Knabe, Fire Chief; Mike McCluskey,
Public Works Director; Paul LeSage, Parks and Recreation Director;
Bridget Fraser, Associate Engineer; Jeff Hook, Associate Planner
Camp Fire Troops Ca- Pri -Se and Nature Friends performed the flag ceremony.
Mayor Romero presented a proclamation to Camp Fire Leader Lisa Jess and her troop for
Camp Fire USA's Absolutely Incredible Kid Day.
Marshall Ochylski, Chair of the Downtown Association Beautification Awards Committee,
with the assistance of Deborah Cash, Downtown Association Administrator, presented the
Downtown Association Beautification Awards.
PUBLIC COMMENT
Sifu Kelvin Harrison SLO, reiterated claims of harassment and discrimination.
Marvbeth Schroeder. SLO, opposed commercial activities being conducted by her
neighbor.
Gary Fowler. SLO, expressed disappointment with election polling place conditions at the
Ludwick Center on March 2 and that the County Elections Office was charged a fee for the use
the facility. Staff directed to look Into the matter.
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATION TO THE PROMOTIONAL COORDINATING
COMMITTEE (PCC).
ACTION: Moved by Ewan/Settle to reappoint Bob Griffin to a four -year term
beginning on April 1, 2004 and expiring on March 31, 2008; motion carried 5:0.
City Council Meeting
Tuesday, March 16, 2004 - 7:00 p.m.
Page 2
A2. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION.
ACTION: Moved by Ewan /Settle to appoint Andrea Miller to the Planning
Commission for a four -year term beginning April 1, 2004 and ending March 31, 2008;
motion carried 5:0.
A3. APPOINTMENT RECOMMENDATIONS TO THE PERSONNEL BOARD.
ACTION: Moved by Ewan/Settle to 1) reappoint Norie Placak to a one -year term to
begin April 1, 2004 and ending March 31, 2005. 2) Appoint Philip Ruggles to fill an
unexpired term beginning April 1, 2004 and ending March 31, 2007; motion carried
5:0.
A4. APPOINTMENT RECOMMENDATIONS TO THE PARKS AND RECREATION
ACTION: Moved by Ewan/Settle to 1) appoint Don Dollar to a four -year term
beginning on April 1, 2004 and expiring on March 31, 2008. 2) Appoint John Knight
to a four -year term beginning on April 1, 2004 and expiring on March 31, 2008;
motion carried 5:0.
A5. APPOINTMENT RECOMMENDATION TO THE SAN LUIS OBISPO HOUSING
AUTHORITY.
ACTION: Moved by Ewan/Settle to reappoint David Booker to a four -year term to
begin on April 1, 2004 and expire on March 31, 2008; motion carried 5:0.
A6. APPOINTMENT RECOMMENDATION TO THE CULTURAL HERITAGE COMMITTEE.
ACTION: Moved by Ewan/Settle to appoint Robert Pavlik to a four -year term
beginning on April 1, 2004 and ending on March 31, 2008; motion carried 5:0.
A7. APPOINTMENT RECOMMENDATIONS TO THE CONSTRUCTION BOARD OF
APPEALS.
ACTION: Moved by Ewan/Settle to 1) appoint Bryan Gingg to serve as the disabled
representative for a four -year term beginning April 1, 2004 and expiring March 31,
2008. 2) Appoint Andrew Blasjo to serve a four -year term beginning April 1, 2004
and expiring March 31, 2008. 3) Appoint John Fowler to fill an unexpired term of
one year beginning April 1, 2004 and expiring March 31, 2005; motion carried 5:0.
A8. APPOINTMENT RECOMMENDATIONS TO THE BICYCLE ADVISORY COMMITTEE.
ACTION: Moved by Ewan/Settle to 1) appoint Ben Lerner to a four -year term
beginning on April 1, 2004 and expiring on March 31, 2008. 2) Appoint Kevin
Christian to fill an unexpired term of one year beginning April 1, 2004 and ending
March 31, 2005; motion carried 5:0.
A9. APPOINTMENT RECOMMENDATION TO THE ARCHITECTURAL REVIEW
ACTION: Moved by Ewan/Settle to reappoint Michael Boudreau to serve a four -year
term beginning April 1, 2004 and expiring on March 31, 2008; motion carried 5:0.
City Council Meeting
Tuesday, March 16, 2004 - 7:00 p.m.
Page 3
1 Al 0. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS
MEMBERS.
ACTION: Moved by Ewan/Settle to reappoint Brad Bilsten, Kathi Main and Frank
Merson, and appoint Alex Gough, Tom Swem and Patty Carpenter to the SLO
Downtown Association Board of Directors; motion carried 5:0.
CONSENT AGENDA
Marvbeth Schroeder, SLO, spoke in support of submitting grant applications for alcohol
enforcement (C2).
Council Member Mulholland pulled C3.
ACTION: Moved by Mulholland/Schwartz to approve the consent agenda as
recommended by the City Administrative Officer with the exception of C3; motion
carried 5:0.
C1. APPROVE MINUTES OF FEBRUARY 24, 2004 SPECIAL MEETING AND MARCH 1,
2004 REGULAR MEETING.
ACTION: Moved by Mulholland/Schwartz to waive oral reading and approve as
presented; motion carried 5:0.
C2. GRANT APPLICATION SUBMITTALS FOR ALCOHOL ENFORCEMENTS.
ACTION: Moved by Mulholland/Schwartz to 1) Authorize staff to submit a grant
application proposal to the Department of Alcoholic Beverage Control to fund
alcohol enforcement efforts. 2) Authorize staff to submit a grant application
proposal via the Office of Traffic Safety to the Office of Juvenile Justice and
Delinquency Prevention to fund enforcement of underage drinking laws; motion
carried 5:0.
C3. THURSDAY NIGHT PROMOTIONS RULES AND REGULATIONS.
Council Member Mulholland pulled C3 to clarifiy three changes to the Thursday Night
Promotions Rules and Regulations:
Section 3 E. should read "Members not participating for 90 days or more must submit
a new application."
Section 14 should read "Commercial Displays — Non Competing Business"
Section 17 N. should read `The Committee will not discriminate on the basis of race,
religion, creed, color, gender, political beliefs, national origin, age or physical
disability or any basis prohibited by law."
Downtown Association Administrator Cash introduced new Promotions Coordinator Kristin
Ansari.
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City Council Meeting
Tuesday, March 16, 2004 - 7:00 p.m.
C4.
Page 4
ACTION: Moved by Mulholland/Settle to approve recommended changes to the
Downtown Association's Rules and Regulations for Thursday Night Promotions;
motion carried 5:0.
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9534 (2004 Series)
accepting the public improvements and releasing the bonds for Tract 1750 — Unit 6;
motion carried 5:0.
C5. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1750 -UNIT 4. A 74-
LOT RESIDENTIAL SUBDIVISION AT BROOKPINE DR. -AND IRONBARK ST. R.W.
HERTEL AND SONS, INC., SUBDIVIDER.
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9535 (2004 Series)
accepting the public improvements and releasing the bonds for Tract 1750 — Unit 4;
motion carried 5:0.
C6. ABANDONMENT OF THE TURNER AVENUE RIGHT-OF-WAY (ARAN 106 -03)
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9536 (2004 Series)
summarily abandoning Turner Avenue; motion carried 5:0.
C7. FINAL PASSAGE OF ORDINANCE NO. 1447 (2004 SERIES) AMENDING SECTION
10.44.030 OF MUNICIPAL CODE, STOPPING FOR LOADING OR UNLOADING ONLY
AS ADOPTED BY THE CITY OF SAN LUIS OBISPO.
ACTION: Moved by Mulholland/Schwartz to grant final passage to Ordinance No.
1447 (2004 Series); motion carried 5:0.
C8. ADOPT A RESOLUTION APPROVING REVISION TO PROMOTIONAL COORDINATING
COMMITTEE BYLAWS.
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9537 (2004 Series)
approving revisions to the Promotional Coordinating Committee (PCC) Bylaws
(Article 4, Section G); motion carried 5:0.
C9. CONTRACT WITH NEW PROMOTIONS COORDINATOR.
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9538 (2004 Series)
approving the contract of employment between the City of San Luis Obispo and the
Downtown Association Promotions Coordinator; motion carried 5:0.
C
PUBLIC HEARINGS
1. SLO BASEBALL STADIUM ADVERTISING BANNER FEES.
Parks and Recreation Director LeSaae presented the staff report.
Mayor Romero opened the public hearing. There were none. Mayor Romero closed the 1
public hearing.
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Tuesday, March 16, 2004 - 7:00 p.m.
' ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9539 (2004 Series) to
1) amend the City's Master Fee Schedule to establish fees for posting advertising
banners at the San Luis Obispo Baseball Stadium at $25.00 for a banner 4 feet by 8
feet or less and $50.00 for a banner larger than 4 feet by 8 feet. 2) Allocate fees
received to the General Fund; motion carried 5:0.
2. FILM ORDINANCE, REGULATIONS AND FILM APPLICATION FEE.
Staff requested that this item be continued until May 4"' to allow time for the Promotional
Coordinating Committee to review and comment on the draft ordinance.
ACTION: Moved by Settle/Mulholland to continue this item to May 4,2004; motion
carried 5:0.
3. REFINANCING 1994 LEASE REVENUE BONDS.
Finance Director Statler presented the staff report.
There were no comments from the public.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9540 (2004 Series)
approving the refinancing of the 1994 Lease Revenue Bonds; motion carried 5:0.
At 8:50 p.m., the Council convened as the Capital Improvement Board.
4. MEETING OF THE CAPITAL IMPROVEMENT BOARD.
Mayor Romero called the meeting to order.
Finance Director Statler and Finance Manager Dominguez presented the staff report.
There were no comments from the public.
ACTION: Moved by Ewan/Mulholland to 1) Approve minutes of meeting held on
June 4, 2002; motion carried 4:0:1 (Mayor Romero abstained as he was not a board
member of the CIB on that date.) 2) Elect officers for the Capital Improvement
Board (President and Vice President). 3) Adopt Resolution No. 9541 (2004 Series)
approving the refinancing of the 1994 Lease Revenue Bonds. 4) Adjourn to the next
regular meeting; motion carried 5:0.
President Romero adjourned the meeting at 8:52 p.m.
The Council reconvened at 8:53 p.m.
5. DOWNTOWN PEDESTRIAN LIGHT STANDARD.
Public Works Director McCluskey and Associate Engineer Fraser presented the staff report.
Public Comments
City Council Meeting Page 6
Tuesday, March 16, 2004 - 7:00 p.m.
Andrew Carter. SLO, remarked that although pedestrian lighting would add to the uniqueness I
of the downtown, he would not be in favor of too many different styles within the downtown
core.
—end of public comments—
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9542 (2004 Series) 1)
approving a downtown pedestrian -scale pole and light fixture as recommended by
the Architectural Review Commission (ARC); 2) establishing an initial Downtown
Pedestrian Lighting District as co-terminus with the boundaries of the downtown
commercial core, as amended by adding Palm Street from Chorro to Broad, Broad
Street from Palm to Monterey, and Monterey from Broad to Nipomo; and further by
giving direction to staff to include the cost of power for the proposed lighting
system and the possibility of placing the approved fixture on the Morro Street
Bicycle Boulevard as part of the implementation plan; motion carried 5:0.
Mayor Romero called a break at 8.43 p.m. The Council meeting reconvened at 8:50 p.m.
PUBLIC HEARINGS, CONTINUED
6. DRAFT HOUSING ELEMENT UPDATE.
Community Development Director Mandeville and Associate Planner Hook presented the
staff report-
Mayor Romero opened the public hearing.
'
Andrew Carter, SLO, expressed frustration that the red file process (late arriving agenda
correspondence) doesn't allow him the time to read it and respond. Pertaining to Table 2, he
stated that inciusionary housing development requirements for commercial development
should be higher, or at least the same as residential, nor should they be higher in expansion
areas. Lastly, he suggested that the tern "underutiltizes ", as It relates to the definition of
"Infill Housing" might be more appropriately stated as "undercapacity."
Marybeth Schroeder, SLO, stated that she is against promoting any new housing
developments in the City.
Joan Lynch, SLO, spoke in support of the Neighborhood North of Foothill (NNOF)
recommended changes to the Draft Housing Element policies 8.2.4 – 8.2.8 (on file in the Office
of the City Clerk).
Camille Small, SLO, also spoke in support of the NNOF recommended changes.
Bill Thoma, SLO, stated that the in -lieu fees increase from 2% to 50/6 to 100/6 would end
development, especially in the Airport Area expansion areas, and argued that developers are
not aware of the proposed increase to 10 %. He speculated this will result in businesses not
wanting to build within the City limits.
Bill Almas, SLO, stated that 10 0k in -lieu development fees would have a negative effect on
property values and on development within the City.
City Council Meeting Page 7
Tuesday, March 16, 2004 - 7:00 p.m.
Patricia Wilmore, SLO Chamber of Commerce, referenced the Chamber's letter expressing
concern about proposed increases for inclusionary housing (on file in the Office of the City
Clerk).
Jerry Bunin, Home Builders Association, stated that changes to the inclusionary housing
requirements should not be done on the fly and that fees are too high. The existing
inclusionary housing ordinance should be applied to actual cases.
George Movian, SLO Housing Authority, gave backgound on the earlier task force that set the
21/2% commercial fee. He feels that 5% is a fair number for commercial development because
commercial uses produce income for the City and that should be taken into consideration.
Carlyn Christianson, SLO, expressed concern regarding potential changes to the language
regarding Cal Poly and Cuesta housing. She stated that the Planning Commission does not
want to see housing in the Cuesta College area for environmental reasons. Regarding
inclusionary housing requirements, she added that she finds the increase from 2% to 5% for
commercial development appropriate.
Mayor Romero closed the public hearing.
Council continued with the review of Chapter 3 and Chapter 4.
ACTION: Moved by Settle/Romero to approve the Planning Commission's
recommended Table 2; motion carried 5:0.
ACTION: Moved by Settle/Ewan to 1) approve Table 2A amended to reflect Average
' Unit Size to start at 1,100 sq. ft.; 2) provide examples as appendices to illustrate the
application of Table 2A; and, 3) bring back a review of Table 2A of the Housing
Element as part of the General Plan review in 2005; motion carried 5:0.
By mutual agreement, Council approved the following amendments:
Section 8.2.8: Chancre to read. "Encourage Cal Poly University to develop faculty
and staff housing such as on sites designated as H -8 and H -9 located on State -
owned land along Highway 101, and consistent with the City's General Plan."
Section 92.9. Drop the words "on the Cuesta Campus. "
Chance the definition of "underutilized" to read. "An underutilized site is a site that
has the land area capacity to accommodate additional dwelling unit(s) while
meeting all zoning regulations Including setback, building height and lot coverage
requirements without the application of variances."
Remove Map D-1 showing underutilized properties from the Housing Element. Staff
was directed to send Map D-1 to the HCD as backup information.
Directed staff to work with Vice Mayor Schwartz to incorporate his proposed
additional wording as bullets into Chapter 1, section 1.10 Purpose.
Directed staff to bring back the amended Council Hearing Draft for adoption at the
Council's March 30, 2004 Special Meeting.
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City Council Meeting Page 8
Tuesday, March 16, 2004 - 7:00 p.m.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the March 9th Downtown Association Board
meeting, the March 10th Integrated Waste Management Authority meeting, and the March
10th Promotional Coordinating Committee (PCC) meeting.
Council Member Settle attended the Mayor's meeting (see memo on file in the Office of the
City Clerk).
Mayor Romero reported on the Zone 9 meeting.
COMMUNICATION
Vice Mayor Schwartz requested that Council direct staff to place on a future agenda for
Council discussion the Parks and Recreation Commission request to review the status of
the Laguna Lake Park Master Plan. (see memo on file in the Office of the City Clerk).
Council chose not to put this item on the agenda because it is within the purview of the
Parks and Recreation Commission, but cautioned the Commission that the task will be
difficult.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 12:05 a.m. to Tuesday, March 30, 2004 at 7:00 p.m. in the Council Chamber, 990
Palm Street, San Luis Obispo.
01,1,g
Diane Reynolds, C. .C.
Deputy City Clerk
APPROVED BY COUNCIL: 4/612004
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