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HomeMy WebLinkAbout09/07/2004MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 7, 2004 — 6:30 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; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; Mike McCluskey, Public Works Director; Ron Whisenand, Deputy Director Community Development; Mike Draze, Deputy Director Community Development ' City Attorney Lowell announced the following Closed Session topics: CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 City of San Luis Obispo v. Select Income Properties 6, etc. et al San Luis Obispo County Superior Case No: CV 040180 City of San Luis Obispo v. Stan Mark, LLC, etc. et al San Luis Obispo County Superior Case No: CV 040181 City of San Luis Obispo v. Sierra Vista Hospital, Inc. etc. et al San Luis Obispo County Superior Case No: CV 040182 City Attorney Lowell reported that during the Closed Session Council heard the above - referenced litigation concerning the acquisition of certain easements in conjunction with the Foothill Bridge project. Council directed staff to proceed with the preparation of the related Settlement Agreements, which will be brought back as a Consent Agenda item on September 21. INTRODUCTIONS Public Works Director McCluskey introduced new Public Works Department employees Chris Felt, Heavy Equipment Mechanic, and Bill Humphrey, Parking Coordinator. City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 2 PUBLIC COMMENT Bill Wilson. San Luis Obispo, suggested that there is a way to place two playing fields on the other side of Acacia Creek as part of the Damon - Garcia sports field project and displayed drawings in support of his position. Gary Fowler, San Luis Obispo, discussed concerns he has related to the Council's failure to support senior citizens. Sifu Kelvin Harrison, San Luis Obispo, discussed the reasons why he believes he is being harassed in a number of ways. Matt Mackey. San Luis Obispo, asked Council to consider, as soon as possible, increasing the campaign contribution limit from $100 to at least $500. Mayor Romero noted that a Council committee will be appointed in 2005 to begin reviewing the election campaign regulations ordinance. Mary Beth Schroeder. San Luis Obispo, suggested that there should be a senior center in the downtown. PRESENTATION Dave Mullinax, League Of California Cities, provided an update of Proposition 1A: "Constitutional Protection Of Local Government Revenues." He submitted copies of "Frequently Asked Questions about Proposition 1A" (on file in the City Clerk's office), and responded to questions. He clarified that the League of California Cities is recommending that voters vote "yes" on both Proposition 65 and Proposition 1A which will be on the November ballot. If both propositions pass, the initiative with the most votes will be implemented. Council Member Settle asked, for the record, the amount the City is losing to the State per year. City Administrative Officer Hampian responded that the City is losing approximately $4 million annually, or 10% of the General Fund. APPOINTMENT Al. APPOINTMENT TO THE TREE COMMITTEE. ACTION: Moved by Ewan/Mulholland to appoint George Sistek to an unexpired term beginning September 27, 2004, and ending March 31, 2005; motion carried 5:0. CONSENT AGENDA Vice Mayor Schwartz explained that since he was present for the Consent Agenda items at the September r meeting, those are the only items in the minutes (C-1) on which he will vote. He will abstain on the remainder of the minutes. Council Members Ewan and Mulholland and Vice Mayor Schwartz requested that Item C-6 (Advertising Service on San Luis Obispo Transit Vehicles) be pulled from the Consent Agenda. 1 City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 3 Council Member Mulholland asked that Items C-5 (Ordinance Prohibiting Nudity in Public) and ' C-11 (Resolution Opposing the Gaming Revenue Act of 2004) be pulled from the Consent Agenda. Vice Mayor Schwartz asked that Item C-8 (Appointment to San Luis Obispo Housing Trust Fund Commission) be pulled from the Consent Agenda. Mayor Romero called for public comments at this time. Mary Beth Schroeder, San Luis Obispo, spoke in opposition to items C-2 and C-10. Vice Mayor Schwartz stated that although he was absent for the portion of the September 74' meeting when the ordinances on this agenda were originally discussed, he has since reviewed all of the material and viewed the tapes, and is prepared to vote on the second reading of these ordinances at this meeting. ACTION: Moved by Settle/Mulholland to approve Consent Agenda items, as recommended by the City Administrative Officer, that were not pulled for discussion; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, AUGUST 17.2004, REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0 ice Mayor Schwartz abstained on all items except the Consent Agenda C2. FINAL ADOPTION OF ORDINANCE NO. 1453 (2004 SERIES). AMENDING THE UNREINFORCED MASONRY BUILDING REGULATIONS. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1453 (2004 Series); motion carried 5:0. C3. ADOPTION OF ORDINANCE NO. 1454 (2004 SERIES) AMENDING MUNICIPAL CODE CHAPTER 10.36 PERTAINING TO THE ESTABLISHMENT OF RESIDENTIAL PARKING PERMIT DISTRICTS. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1454 (2004 Series), amending Chapter 10.36 of the San Luis Obispo Municipal Code; motion carried 5:0. C4. FINAL ADOPTION OF ORDINANCE NO. 1455 (2004 SERIES). ADOPTING TEXT AMENDMENTS TO THE CITY'S SIGN REGULATIONS, CITY FILE # TA/ER 26 -04). ACTION: Moved by Settle(Mulholland to adopt Ordinance No. 1455 (2004 Series); motion carried 5:0. C5. FINAL ADOPTION OF ORDINANCE NO. 1456 (2004 SERIES) ADDING NEW CHAPTER 9.30 TO TITLE 9 OF THE SAN LUIS OBISPO MUNICIPAL CODE PROHIBITING NUDITY IN PUBLIC. Council Member Mulholland stated that this issue is related to crowd control and drunkenness as a result of Mardi Gras. She continues to believe nudity is a non -issue ' in San Luis Obispo and encouraged Council to reconsider its previous action on this ordinance. City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 4 Police Chief Linden explained that this ordinance is intended to be a law enforcement tool and CAD Hampian reminded Council that, in accordance with their prior action, staff will report back in one year on how the ordinance was utilized. Alec Cassanova, Arroyo Grande, Allen Baylis. Huntington Beach, and Gary Fowler. San Luis Obispo, voiced their opposition to the adoption of this ordinance. Mary Beth Schroeder, San Luis Obispo, supported adoption of the ordinance. Police Chief Linden responded to comments and explained that guidelines and training will be provided on the use of the ordinance. The public comment period was closed. Following Council discussion, Council Members stated their positions on the ordinance as summarized below. Council Member Ewan explained that since the introduction of this ordinance he has questioned its potential effectiveness. Given this concern, and because he thinks the police force is well- equipped with other legal enforcement tools at this time, he will be opposing the adoption of the ordinance. Council Member Settle discussed his support of the ordinance especially because Council will have an opportunity to review its effectiveness in a year and, in the meantime, it will provide the Police Department with an opportunity to deal with the Mardi Gras issue. Vice Mayor Schwartz also discussed his support of the ordinance in light of the condition the Council placed on the first reading of the ordinance to review in a year whether it has served a purpose and should remain in effect. Council Member Mulholland disagreed with Council Member Settle and Vice Mayor Schwartz. She explained that she believes that there are rules in existence that deal with offensive behavior and that this ordinance is a reaction to the inability of men to deal with women's bodies. Mayor Romero concurred with Vice Mayor Schwartz's comments, said that this ordinance will give the Police Chief an additional tool to deal with issues not covered by law, and disagreed that it is discriminatory in nature. In response to Council Member Mulholland, Police Chief Linden indicated that, in addition to Mardi Gras, this ordinance will address other issues and impacts other situations. Vice Mayor Schwartz stated for the record that he has visited nude beaches in Greece, Italy and Sweden, that he admires those cultures and their attitude about nudity, but that is not the culture in the United States. ACTION: Moved by Settle/Schwartz to adopt Ordinance No. 1456 (2004 Series) adding Chapter 9.30 to Title 9 of the San Luis Obispo Municipal Code prohibiting nudity in public; motion carried 3:2, Ewan, Mulholland opposed. C6. REQUEST FOR PROPOSALS FOR ADVERTISING SERVICE ON SAN LUIS OBISPO TRANSIT VEHICLES. 1 City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 5 Council Members Ewan and Mulholland requested that this item be pulled from the ' Consent Agenda. Council Member Ewan questioned the amount of revenue this proposal would generate for the City and said he prefers to see the art on the buses. Vice Mayor Schwartz said that he would oppose the recommendation, particularly in light of the city's historical issues related to signage and sign clutter. He did not object to advertisements on the inside of the buses. Council Member Mulholland concurred with Vice Mayor Schwartz. She also questioned the value of this proposal to the city and said she supported additional art on the buses. Deputy Director Public Works Bochum and Transit Manager O'Dell responded to Council's questions and explained the history behind this proposal. They noted that the current program brings in approximately $300 per month in revenue. Mayor Romero called for comments from the public. Mary Beth Schroeder, San Luis Obispo, opposed the ordinance. Andrew Carter. San Luis Obispo questioned whether the advertising revenue would meet the fare box ratio and noted that the buses are already cluttered by existing advertising. The public comment period closed. Vice Mayor Schwartz and Council Member Mulholland reiterated their earlier concerns. Council Member Settle noted that how the signage is done is more important than whether or not to permit it. He suggested that further information regarding revenue should be obtained and whether advertising will assist with the fare box ratio should be investigated. Council Member Ewan concurred with Vice Mayor Schwartz and said he will oppose the proposal. Mayor Romero said that a great deal of time has been spent on trying to eliminate sign clutter and this should effort should also apply to buses. He said he will oppose expanding the advertising and would be in favor of eliminating the City's contract with Channel 12 for advertising at the appropriate time. ACTION: Moved by Mulholland/Schwartz to deny the CAO recommendation. Vice Mayor Schwartz seconded the motion; motion carried 4:1 (Settle opposed). Discussion followed on whether to pursue interior advertising and maintain the existing advertising. ACTION: Moved by Ewan/Mulholland to direct staff to proceed with an RFP for ' interior advertising, including information regarding appearance and potential revenue, and to bring this matter back to the City Council for consideration; 5:0. City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 6 C7. AUTHORIZATION OF APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF ' HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE CALHOME PROGRAM (PROPOSITION 46). ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9604 (2004 Series) authorizing staff to complete and submit an application to HCD for CalHome Program funds in the amount of $500,000 to be used for first -time home buyers mortgage assistance; motion carried 5:0. C8. APPOINTMENT OF CITY REPRESENTATIVE TO THE SAN LUIS OBISPO HOUSING TRUST FUND (HTF) COMMISSION. Vice Mayor Schwartz explained why he thinks this Commission should operate on a countywide basis Independent of the city and why staff representation is not necessary. Council Members Ewan, Settle, Mulholland and Mayor Romero noted their support of staff's recommendation in light of the progress the HTF Commission has made in the last year. Council Member Mulholland added that she would like the City to review its involvement with the HTF Commission after two years and that this appointment should not involve a significant amount of Mr. Davidson's time. ACTION: Moved by Settle/Ewan to appoint Doug Davidson, Housing Programs Manager, as the City representative to the HTF Commission; motion carried 4:1, Schwartz opposed. C9. BICYCLE RACK DONATION PROGRAM. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9605 (2004 Series) establishing a bicycle rack donation program within the City of San Luis Obispo; motion carried 5:0. C10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING PROPOSITION 1A- CALIFORNIANS TO PROTECT LOCAL TAXPAYERS AND PUBLIC SAFETY. ACTION: Moved by Settle/Mulholland to approve Resolution No. 9606 (2004 Series) supporting Proposition 1 A, protecting local taxpayers and public safety services; motion carried 5:0. C11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING THE GAMING REVENUE ACT OF 2004. Council Member Mulholland explained that she requested this item be pulled from the agenda because she does not think it is appropriate for Council to act on this type of issue; that it is a matter of personal choice. A discussion ensued during which Mayor Romero explained that this legislation was discussed at the last Mayor's meeting and was strongly opposed by the City of Arroyo Grande. As a result, after ascertaining the League of California Cities' position opposing the legislation and with Council's previous concurrence, it was brought to Council for action at this meeting. City Council Meeting Page 7 Tuesday, September 7, 2004, 6:30 p.m. ACTION: Moved by Settle/Ewan to approve Resolution No. 9607 (2004 Series) opposing the Gaming Revenue Act of 2004; motion carried 4:1, Mulholland opposed. C12. SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO UNDER THE AMERICAN WITH DISABILITIES ACT. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9608 (2004 Series) approving the Settlement Agreement between the United States of America and the City of San Luis Obispo, California, under the Americans with Disabilities Act (DJ 204 -12C -425); motion carried 5:0. Council recessed of 9:04 and reconvened at 9:15 p.m. PUBLIC HEARINGS 1. APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING TWO SPECIFIC ATTORNEY FIRMS IN THE SERVICE COMMERCIAL SPECIFIC PLAN PLANNED DEVELOPMENT (C- S- SP -PD) ZONE FOR PROPERTY LOCATED AT 735 TANK FARM ROAD (AP -PC 107 -04). Community Development Director Mandeville presented the staff report. He responded to questions raised by Council Members. Mayor Romero opened the public hearing. Marshall Ochylski. San Luis Obispo, attorney for the appellant, explained that there are no longer any available locations or need for attorney's offices to be located in the downtown. His presentation included his belief that the application fulfills land use policies and goals. He proposed that a specific use permit be authorized to enable the two attorney groups to use the property on Tank Farm Road. He suggested that the City could then consider expanding uses permitted in the C-S zone. He stressed, however, that something must be done in the short term. Charles Wheeler. San Luis Obispo, concurred that space in the downtown has not been suitable for the type of use proposed. He said he wants to keep his business in San Luis Obispo, but be must be out of his current location by January 1st. He responded to questions raised by Council members. Steve Deimartini, San Luis Obispo, suggested that the C-S zone Is Ideal for many of these uses. He discussed the availability of existing property in the downtown, and suggested that Council may have to expand the C -S zone. Discussion followed, during which Council members concurred that there is a need to reexamine the C -S zone and to give consideration to permitting attorneys in that zone. They also concurred that while they cannot uphold the appeal based on current regulations, there is a need to expedite the change in zoning in order to enable the subject attorney firms to relocate to the site at Tank Farm Road. City Attorney Lowell clarified that the only way to permit the subject application to move forward is via a zoning ordinance amendment. Community Development Director Mandeville added that, given the nature of such an amendment and the change in land uses, the environmental impact review would be negligible and this could be accomplished with the 4'" General Plan Amendment in December. City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 8 ACTION: Moved by Settle/Ewan to adopt Resolution. No. 9609 (2004 Series) denying the appeal, and upholding the Planning Commission's action on the subject project; motion carried 5:0. ACTION: Moved by Settle/Ewan to direct staff to consider office zoning at this location, and in the general vicinity, rather than the current C-S (commercial service) zoning; (5:0) 2. DRAFT MARGARITA AREA SPECIFIC PLAN, FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR). AND MEETING SCHEDULE. Prior to commencement of the staff report, Council concurred to end the discussion of this matter at 11:00 p.m. To accomplish this, Council agreed to receive the staff report only at this meeting and will continue this matter to the next meeting, at which time public testimony will be received. Community Development Director Mandeville and Deputy Director Community Development Draze presented the staff report, providing an overview of the specific plan and its contents, as well as the proposed hearing schedule. Maggie Townsley. Jones and Stokes, reviewed the purposes of the Environmental Impact Report (EIR), the scope of the program EIR, key environmental impacts, and proposed mitigation measures, and the adequacy of the EIR. Deputy Director Community Development Draze discussed the process that will be followed during the implementation of the Margarita Area Specific Plan. He and CAO Hampian discussed the proposed hearing dates and topics related to the Specific Plan. The hearing on September 281° will begin with a presentation regarding land use, circulation, and Prado Road, through a simulation of the road alignment. COUNCIL LIAISON REPORTS Mayor Romero reported on the August 26th meeting of the Nacimiento Project Commission. Council Member Mulholland reported on her attendance at the August 20"' commencement exercise at the California Men's Colony, the August 23rd Cultural Heritage Committee meeting, the August 25"' Economic Vitality Corporation Board meeting and the September 18r Water Resources Advisory Committee meeting. None. 1 1 r LJ City Council Meeting Tuesday, September 7, 2004, 6:30 p.m. Page 9 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:15 to Tuesday, September 21, 2004 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 921/2004