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Home My WebLink About03/06/2001, AGENDA council aGEnda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, March 6, 2001 ACTION UPDATE 4:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor Ewan, Mayor Allen K. Settle Council Member Ewan Absent PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a speaker slip and giving it to the City Clerk. prior to the meeting. At this time,you may address the Council on items that are not on the agenda or items on the Consent Agenda. rime limit is three minutes. State law does not allow the Council:to discuss or take action on issues not on the agenda,except that-members of the Councilor staff may briefly respond to•statements made or questions posed by persons exercising their public testimony rights(Gov.Code Sec.54954.2). Staff may be asked to fallow up on such items. Staff reports and other written documentation relating to each-item referred to on`this agenda are on file in the City'Clerk's Office in Room 1 of City Hall. Kevin Brown and Christian Brown voiced objections to recent Council action to approve a parking district for the College Highlands area and suggested modifications. Mayor Settle advised that the new district will be discussed at the March 156' Student Community Liaison Committee. r Council Agenda Action.._,,date March 6, 2001 CONSENT AGENDA C1. COUNCIL MINUTES OF SATURDAY FEBRUARY 3. 2001: TUESDAY FEBRUARY 6 2001 (CONTINUED FROM 2-20-01): TUESDAY, FEBRUARY 13 2000 AND TUESDAY FEBRUARY 20. 2001. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ACTION. Approved(4:0:1, Ewan absent). C2. REQUEST FOR PROPOSALS FOR DESIGN OF FOUR CAPITAL IMPROVEMENT PROJECTS: 1) HISTORIC SOUTHERN PACIFIC FREIGHT WAREHOUSE REHABILITATION: 2) GARDEN STREET MAKEOVER: 3) MISSION PLAZA: BROAD STREET "DOG LEG": AND 4) MORRO STREET BICYCLE BOULEVARD AND INTERSECTION IMPROVEMENTS. (MCCLUSKEY/SANVILLE) RECOMMENDATION: 1)Authorize staff to distribute the projects' Request for Proposals (RFPs) and the City Administrative Officer to award and execute contracts with qualified service providers if the amounts are within budget. 2)Appropriate $8,600 from the General Fund to provide the matching funds required by the approved Federal Transportation Enhancement Activity (TEA) Grant for rehabilitating the Historic Southern Pacific Freight Warehouse. 3) Appropriate $43,000 from the General Fund to support design services for the Mission Plaza "dog leg" project. 4) Approve budget transfers from the New Traffic Signals project account ($17,500), the Minor Bicycle Facility project account ($8,750), and the Downtown Access Improvements project account($8,750)to fund the cost of designing the Morro Street bicycle boulevard and intersection improvements. ACTION. Approved(3:1:1, Mulholland opposed, Ewan absent). C3. 2001 LEGISLATIVE ACTION PRIORITIES. (JORGENSEN) RECOMMENDATION: Adopt a resolution establishing legislative priorities for 2001. ACTION: Resolution No. 9159 adopted as amended(4:0:1, Ewan absent). Council Member Mulholland stated for the record objections to specific legislative priorities relating to the reuse of biosolids and the transfer of ownership of the Salinas Reservoir. 2 Council Agenda Action Update --` March 6, 2001 C4. RESOLUTION EXTENDING HEALTH INSURANCE BENEFITS TO DOMESTIC PARTNERS OF CITY EMPLOYEES. (SLATE/JENNY) RECOMMENDATION: Adopt a resolution electing to be subject to Section 22873 of the Public Employees' Medical and Hospital Care Act (PEMCHA), which will enable the domestic partners of City employees to become eligible for health insurance benefits through CalPERS. ACTION. Resolution No. 9160 adopted(4:0:1, Ewan absent). C5. AWARD OF CONTRACT FOR DOWNTOWN RESTROOMS (CITY PROJECT 90108 . (MCCLUSKEY/PETERSON) RECOMMENDATION: 1)Award contract to Maino Construction Company in the amount of$157,551.00 for Downtown Restroom-City Project 90108 and authorize Mayor to execute contract. 2)Approve transfer of$57,551 from the Unappropriated Balance of the General Fund to the project budget. ACTION: Approved(4:0:1, Ewan absent). C6. USE OF PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS FOR SAN LUIS OBISPO COUNTY SYMPHONY. (GEORGE/STANWYCK) RECOMMENDATION: Approve the Promotional Coordinating Committee's recommendation to allocate $6,500 of Enhanced Promotional Funds for a unique marketing opportunity provided by the San Luis Obispo County Symphony during its Spring 2001 East Coast Tour. ACTION: Approved(4:0:1, Ewan absent). C7. FINAL ADOPTION OF ORDINANCE NO. 1383 (2001 SERIES) AMENDING THE BENCH MARK SYSTEM DATUM PLANE. (MCCLUSKEY/FRASER ) RECOMMENDATION: Grant final passage to Ordinance NO. 1383 (2001 Series). ACTION. Ordinance No. 1383 adopted(4:0:1. Ewan absent). BUSINESS ITEMS 1. ANNUAL REPORT ON THE GENERAL PLAN. (MANDEVILLE/MATTESON — 1.5 HOURS) RECOMMENDATION: Accept the Annual Report, and provide direction to staff on 3 Council Agenda Action _ddate March 6, 2001 items recommended for consideration by the Planning Commission, including nonresidential growth management. ACTION. Report accepted. Staff given direction to monitor nonresidential growth and report back to Council after the City has received the Airport Land Use Plan (expected in April), or within six months. In the interim, staff offered to provide status updates informally to the Council, if requested. Council approved all other follow-up actions recommended by the Planning Commission with the exception of initiating an update of the Land Use Element (3:1:1, Mulholland opposed, Ewan absent). 2. RESIDENTIAL GROWTH MANAGEMENT. (MANDEVILLE/MATTESON - 30 MINUTES) RECOMMENDATION: 1)Adopt a resolution to amend the schedule for phased development of major residential annexations, allowing the Irish Hills South development to proceed sooner and the Dalidio area to be completed in.one phase, and delaying some development within the Margarita and Orcutt areas. 2) Adopt an ordinance to delete an obsolete code provision relating the Residential Growth Management Regulations to the Water Allocation Regulations. ACTION. 1) Resolution No. 9161 adopted. 2. Ordinance No. 1384 introduced. (4:0:1, Ewan absent) 6:00 P. M. - CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code 54957.6 Agency Negotiator: Bill Avery and Wendy George Employee Organization: San Luis Obispo Firefighters Association Council authorized_furthernegotiations. 7:00 P.M. PRESENTATION PROCLAMATION RECOGNIZING CALIFORNIA POLYTECHNIC STATE UNIVERSITY HISTORY DAY. (SETTLE/STENDAHL) . Mayor Settle presented a proclamation to Allen Haile who accepted on behalf of the Cal Poly faculty, students, and staff honoring Cal Poly on its 1001' Anniversary. 4 Council Agenda Action Update March 6, 2001 PUBLIC COMMENT PERIOD FOR ITEMS Na ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input You may address the Council by completing a.speaker slip and giving it to the City Clerk prior to the meeting.. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit.is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda,except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov. Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each Rem referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. Gail Gresham, Big Brothers and Big Sisters of San Luis Obispo representative, asked Council to consider reducing new fees for background checks. The matter was referred to the City Administrative Officer. John Thomas, Mystic Krewe, thanked Council for their support of this year's Mardi Gras. He noted that the Krewe is looking forward to working with the City to improve future events. Sifu Kelvin Harrison reiterated claims of harassment and discrimination. Peter Warner, Hanford resident, reported that he was wrongfully barred from the Economic Opportunity Commission homeless shelter. fty Beth Schroeder. 2085 Wilding Lane, voiced concern about the potential of increased student housing and the possibly of a fraternity house in her neighborhood. She urged construction of more student housing on the Cal Poly campus. PUBLIC HEARINGS 3. APPEAL OF THE PLANNING COMMISSION DECISION TO UPHOLD THE ACTING COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION THAT A USE PERMIT FOR A FRATERNITY HAS EXPIRED: 71 PALOMAR STREET (O 186-00). (WHISENAND/CODRON — 1 HOUR) RECOMMENDATION: Adopt a resolution upholding the Planning Commission's decision, based on additional factual findings. ACTION. Resolution 9162 adopted(3:0:2, Settle stepped down due to a potential conflict of interest, Ewan absent). 5 Council Agenda Action- .pdate March 6, 2001 4. ROADHOUSE MIXED-USE DEVELOPMENT PROJECT (CITY FILE NO. CP/RlUlER 108-00). (MATT QUAGLINO. APPLICANT). WHISENAND/MCILVANE - 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission on January 24, 2001: 1) Conceptually approve a General Plan amendment to change the land use designation on a portion of the site from Medium-Density Residential to Services and Manufacturing, and direct staff to aggregate the resolution of approval with other proposed General Plan amendments scheduled for action on March 20, 2001 (Attachment 6). 2) Introduce an ordinance approving the mitigated negative declaration and rezoning the site from Medium-Density Residential with a Specific Plan overlay (R-2-SP) and Service-Commercial (GS)to Service-Commercial Mixed Use with a Specific Plan overlay (C-S-MU-SP) (Attachment 7). 3)Adopt a resolution approving a use permit, thereby establishing a mix of uses for this project and a parking reduction (Attachment 8). Regarding a fee waiver request not reviewed by the Planning Commission: 4) Deny the request for a waiver of the use permit fee. ACTION: Council provided input on the conceptual plan and continued the matter to a date uncertain. 5. APPEAL OF A SIDEWALK CAFE PERMIT FOR MO'S BAR-B-QUE AT 970 HIGUERA STREET (FILE # O 4-01) (LARRY KOWALSKI, APPLICANT, BRIAN CHRISTENSEN, APPELLANT). (WHISENAND/MCILVAINE—20 MINUTES) RECOMMENDATION: Deny the appeal and uphold the Hearing Officers action to approve a sidewalk cafe permit. ACTION: Resolution No. 9163 adopted. Appeal denied(4:0:1, Ewan absent). BUSINESS ITEMS(CONTINUED) 6. REVIEW OF TENTATIVE SPRING 2001 COUNCIL MEETING CALENDAR. RECOMMENDATION: 1) Review and discuss the tentative calendar. 2) Provide direction to staff, as appropriate. ACTION: Council reviewed and agreed to the tentative schedule of meetings. 6 Council Agenda Actior:- pdate March 6, 2001 COUNCIL LIAISON REPORTS(not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit--3 minutes. Council Member Schwartz gave an update of the North County Water Resources Forum meeting of March 1, 2001 (memo on rile in the City Clerk's office). COMMUNICATIONS(not to exceed15 minutes) At this time, any Council Member or the.City Administrative Officer may ask a question for clarification, make an announcement,_or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter,or take action to direct staff-to place a matter of business on a future agenda(Gov: Code Sec. 54954.2). None. A. ADJOURNED. APPEAL: USE PERMIT FOR Bob and Lydia Mourenza Keith Hall FRATERNITY, (O 186-00) 617 Luneta Drive 87 Palomar Drive 3/6/013 San Luis Obispo, CA 93405 San Luis Obispo, CA 93405 Allen &Terry Lipper Charles Dickey Dan Carpenter 858 Luneta Drive 1887 Santa Barbara Street 2030 Johnson Avenue San Luis Obispo, Ca 93405 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Edward Benson Ryan Cambell Ben Arrona 593 Luneta Drive 71 Palomar Drive 71 Palomar Drive San Luis Obispo, CA 93401 San Luis Obispo, CA 93405 San Luis Obispo, CA 93405 Luke Swan Ed Sanchez Linden Mackaoui 107 Stenner Apt. A 82 Palomar 992 Monterey Street,#B San Luis Obispo, CA 93405 San Luis Obispo, CA 93405 San Luis Obispo, CA 93401 g! /oc4-"r �� At /�470-D V� C32, !� Residential Growth Management wner( ` Rep List -01-08-01 Roy & Dolly Garcia C Douglas & Eileen Damon Sierra Gardens of S.L.O. & Kitman- 547 Prado Road 252 Daly Avenue c/o Richard DeBlauw San Luis Obispo CA 93401 San Luis Obispo CA 93405 411 EI Camino Real Arroyo Grande CA 93420 Craig Cowan John King Richard J. Komorowski c/o John French c/o David Watson Jet-Ski Land Development#3, LLC 3942 Hollyhock Way 246 Encanto Ave 484 Mobil Avenue, Suite 19 San Luis Obispo CA 93401 Pismo Beach CA 93449 Camarillo CA 93010 Andrew Merriam Hamish Marshall Cannon Associates DeVaul Ranch LLC 364 Pacific Street 1880 Santa Barbara Ave., Suite. F� San Luis Obispo CA 93401 San Luis Obispo, CA 93401 John Schuck Ernie Dalidio Josephine Maddalena Investec 2706 Rodman Drive 1299 Orcutt Road 200 E. Carillo Street, Suite 200 Los Osos CA 93402 San Luis Obispo CA 93401 Santa Barbara CA 93101 Central Coast Mortgage Co. J. H. & L. F. Farrior G. B. &V. Hall c/o Steve Blaser 1495 Orcutt Road 3711 Orcutt Road 29440 Bertrand Drive San Luis Obispo CA 93401 San Luis Obispo CA 93401 Agoura Hills CA 91301 Nick Muick & Patti Taylor Sandpiper Investments, Inc. Jeanne Anderson 3731 Orcutt Road c/o Charles Pratt_ 3580 Bullock Lane San Luis Obispo CA 93401 PO Box 1856 San Luis Obispo CA 93401 San Luis Obispo CA 93406 Leo Evans Peppertree Properties Paul Fiala 2248 Glacier Lane 2699 Flora Street 3745 Orcutt Road Santa Maria CA 93455 San Luis Obispo CA 93401 San Luis Obispo CA 93401 Phyllis Imel Barbara Parsons Felicitas Garay 3777 Orcutt Road 4650 Portola Road 3811 Orcutt Road San Luis Obispo CA 93401 Atascadero CA 93422 San Luis Obispo CA 93401 council agenda CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET Tuesday, March 6, 2001 4:00 P.M. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Allen K. Settle PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor Ewan, Mayor Allen K. Settle PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA(not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights(Gov. Code Sec.54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. CONSENT AGENDA C1. COUNCIL MINUTES OF SATURDAY, FEBRUARY 3, 2001; TUESDAY FEBRUARY 6 2001 (CONTINUED FROM 2-20-01): TUESDAY, FEBRUARY 13. 2000 AND TUESDAY, FEBRUARY 20, 2001. (PRICE) RECOMMENDATION: Waive oral reading and approve as presented. ® Regular City Council meetings are broadcast on KCPR, 91.3 FM. The City of San Luis Obispo is committed to include the disabled in all of its services,programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting If you require a hearing amplification device. For more agenda information,call 781-7103. - 1 - r Council Agenda Tuesday, March 6, 2001 C2. REQUEST FOR PROPOSALS FOR DESIGN OF FOUR CAPITAL IMPROVEMENT PROJECTS: 1) HISTORIC SOUTHERN PACIFIC FREIGHT WAREHOUSE REHABILITATION; 2) GARDEN STREET MAKEOVER: 3) MISSION.PLAZA: BROAD STREET "DOG LEG"; AND 4) MORRO STREET BICYCLE BOULEVARD AND INTERSECTION IMPROVEMENTS. (MCCLUSKEY/SANVILLE) RECOMMENDATION: 1) Authorize staff to distribute the projects' Request for Proposals (RFPs) and the City Administrative Officer to award and execute contracts with qualified service providers if the amounts are within budget. 2) Appropriate $8,600 from the General Fund to provide the matching funds required by the approved Federal Transportation Enhancement Activity (TEA) Grant for rehabilitating the Historic Southern Pacific Freight Warehouse. 3) Appropriate $43,000 from the General Fund to support design services for the Mission Plaza "dog leg" project. 4) Approve budget . transfers from the New Traffic Signals project account ($17,500), the Minor Bicycle Facility project account ($8,750), and the Downtown Access Improvements project account($8,750) to fund the cost of designing the Morro Street bicycle boulevard and intersection improvements. C3. 2001 LEGISLATIVE ACTION PRIORITIES. (JORGENSEN) RECOMMENDATION: Adopt a resolution establishing legislative priorities for 2001.. C4. RESOLUTION EXTENDING HEALTH INSURANCE BENEFITS TO DOMESTIC PARTNERS OF CITY EMPLOYEES. (SLATE/JENNY) RECOMMENDATION: Adopt a resolution electing to be subject to Section 22873 of the Public Employees' Medical and Hospital Care Act (PEMCHA), which will enable the domestic partners of City employees to become eligible for health insurance benefits through CalPERS. C5. AWARD OF CONTRACT FOR DOWNTOWN RESTROOMS (CITY PROJECT 90108 . (MCCLUSKEY/PETERSON) RECOMMENDATION: 1) Award contract to Maino Construction Company in the amount of $157,551.00 for Downtown Restroom-City Project 90108 and authorize Mayor to execute contract. 2) Approve transfer of $57,551 from the Unappropriated Balance of the General Fund to the project budget. , C6. USE OF PROMOTIONAL COORDINATING COMMITTEE ENHANCED FUNDS FOR SAN LUIS OBISPO COUNTY SYMPHONY. (GEORGE/STANWYCK) RECOMMENDATION: Approve the Promotional Coordinating Committee's recommendation to allocate $6,500 of Enhanced Promotional Funds for a unique 2 - 1 Council Agenda Tuesday, March 6, 2001 marketing opportunity provided by the San Luis Obispo County Symphony during its Spring 2001 East Coast Tour. C7. FINAL ADOPTION OF ORDINANCE NO. 1383 (2001 SERIES) AMENDING THE BENCH MARK SYSTEM DATUM PLANE. (MCCLUSKEY/FRASER ) RECOMMENDATION: Grant final passage to Ordinance NO. 1383 (2001 Series). BUSINESS ITEMS 1. ANNUAL REPORT ON THE GENERAL PLAN. (MANDEVILLE/MATTESON - 1.5 HOURS) RECOMMENDATION: Accept the Annual Report, and provide direction to staff on items recommended for consideration by the Planning Commission, including nonresidential growth management. 2. RESIDENTIAL GROWTH MANAGEMENT. (MANDEVILLE/MATTESON - 30 MINUTES) RECOMMENDATION: 1) Adopt a resolution to amend the schedule for phased development of major residential annexations, allowing the Irish Hills South development to proceed sooner and the Dalidio area to be completed in one phase, and delaying some development within the Margarita and Orcutt areas. 2) Adopt an ordinance to delete an obsolete code provision relating the Residential Growth Management Regulations to the Water Allocation Regulations. 6:00 P. M. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code 54957.6 Agency Negotiator: Bill Avery and Wendy George Employee Organization: San Luis Obispo Firefighters Association - 3 - Council Agenda Tuesday, March 6, 2001 7:00 P. M. PRESENTATION PROCLAMATION RECOGNIZING CALIFORNIA POLYTECHNIC STATE UNIVERSITY HISTORY DAY. (SETTLE/STENDAHL) PUBLIC HEARINGS CITY COUNCIL PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each item and thereafter, the hearing will.be conducted as follows: 1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions from Council. 2. The Mayor will open the public hearing by first asking the project applicant/appellant(or his/her representative)to present any points necessary for the Council,as well as the public,to fully,understand the proposal. 3. The Mayor will then ask other interested persons to come to the podium to present testimony either in support of or in opposition to the proposal. 4. Finally, the Mayor will invite the applicantlappellant(or his/her representative) back to the podium to respond to the public testimony, if appropriate. The Mayor will then close the public hearing and limit further discussion to the Council and staff prior to the Council taking a vote. RULES FOR PRESENTING TESTIMONY AT A PUBLIC HEARING: City Council meetings often involve highly emotional issues. It is important that all participants conduct themselves with courtesy, dignity and respect. All persons who wish to present testimony are asked to observe the following rules: 1. Speakers are asked to submit speaker slips to the City Clerk. 2. If you have filled out a Speaker Slip,the Mayor will call you to the podium. 3. Speakers shall address the Council from the podium after giving his/her name and city of residence. Speakers shall direct their comments to the Council,not the audience. 4. Speakers shall limit comments to three minutes. The Mayor, after all others have spoken, may allow additional brief comments from speakers who have already commented on the same agenda item. 5. If testifying as paid representatives, as defined in the Municipal Code speakers shall register as a Municipal Advocate and shall preface their comments by identifying themselves as Municipal Advocates (§2.64.020 & §2.64.050&§2.64.070). ' 6. Applicants,appellants or applicant representatives desiring to speak shall: a. Submit speaker slips to the City Clerk (available on a plastic rack at the entrance to the Council Chamber). b. Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten minutes. c. Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid Municipal Advocate,they shall comply with Number 5 above. 7. If you challenge an issue in court,you may be limited to raising only those issue you or someone else raised at this public hearing as described above, or in written correspondence delivered to the City before or during the public hearing. - 4 - 1 �I Council Agenda Tuesday, March 6, 2001 3. APPEAL OF THE PLANNING COMMISSION DECISION TO UPHOLD THE ACTING COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION. THAT A USE PERMIT FOR A FRATERNITY HAS EXPIRED: 71 PALOMAR STREET(0186-00). .(WHISENAND/CODRON — 1 HOUR) RECOMMENDATION: Adopt Resolution "A" upholding the Planning Commission's decision, based on additional factual findings. 4. ROADHOUSE.MIXED-USE DEVELOPMENT PROJECT (CITY FILE NO. CP/R/U/ER 108-00), (MATT QUAGLINO, APPLICANT). WHISENAND/MCILVANE - 30 MINUTES) RECOMMENDATION: As recommended by the Planning Commission on January 24, 2001: 1) Conceptually approve a General Plan amendment to change the land use designation on a portion of the site from Medium-Density Residential to Services and Manufacturing, and direct staff to aggregate the resolution of approval with other proposed General Plan amendments scheduled for action on March 20, 2001 (Attachment 6). 2) Introduce an ordinance approving the mitigated negative declaration and rezoning the site from Medium-Density Residential with a Specific Plan overlay (R-2-SP) and Service-Commercial (C-S) to Service-Commercial Mixed Use with a Specific Plan overlay (C-S-MU-SP) (Attachment 7). 3) Adopt a resolution approving a use permit, thereby establishing a mix of uses for this project and a parking reduction (Attachment 8). Regarding a fee waiver request not reviewed by the Planning Commission: 4) Deny the request for a waiver of the use permit fee. 5. APPEAL OF A SIDEWALK CAFE PERMIT FOR MO'S BAR-B-QUE AT 970 HIGUERA STREET (FILE.# 0 4-01) (LARRY KOWALSKI, APPLICANT, BRIAN CHRISTENSEN, APPELLANT). (WHISENAND/MCILVAINE—20 MINUTES) RECOMMENDATION: Deny the appeal and uphold the.Hearing Officer's action to approve a sidewalk cafe permit. BUSINESS ITEMS(CONTINUED) 6. REVIEW OF TENTATIVE SPRING 2001 COUNCIL MEETING CALENDAR. RECOMMENDATION: 1) Review and discuss the tentative calendar. 2) Provide direction to staff, as appropriate. - 5 - Council Agenda Tuesday, March 6, 2001 COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Administrative Officer may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent;meeting concerning any matter,or take action to direct staff to place a matter of business on a future agenda(Gov. Code Sec. 54954.2). A. ADJOURN. - 6 -