HomeMy WebLinkAbout09/19/2000MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 19, 2000 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Jan Howell Marx, Dave Romero, Vice
Mayor Ken Schwartz, and Mayor Allen K. Settle
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City
Administrative Officer; 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;
Wendy George, Assistant to the CAO; Tim Bochum, Deputy Public
Works Director; Terry Sanville, Transportation Engineer; Shelly
Stanwyck, Economic Development Manager
PUBLIC COMMENT
Cydnev Holcomb, Chairperson for Residents for Quality Neighborhoods (RON), presented
proposed amendments to various chapters of the Municipal Code to improve the maintenance
of private property. Council referred the proposal to staff to review, evaluate and return with
recommendations.
CONSENT AGENDA
C1. COUNCIL MINUTES OF TUESDAY, AUGUST 15.2000.
ACTION: Moved by Marx/Schwartz to continue the minutes; motion carried 5:0.
C2. ENGINEERING CAREER SERIES AND COMPENSATION ADJUSTMENTS.
Council Member Romero pulled this item to express support.
ACTION: Moved by Romero /Schwartz to appropriate $33,700 from the unreserved
General Fund Balance for increased compensation in establishing a career series of
engineering classifications in the Public Works Department; motion carried 5:0.
C3. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS IN
' SUPPORT OF THE JOHNSON RANCH (AYERS PROPERTY ACQUISITION) PROJECT.
City Council Meeting
Tuesday, September 19, 2000 - 4:00 p.m.
Page 2
ACTION: Moved by Marx/Schwartz to adopt Resolution No. 9097 and Resolution No.
9098, Resolution No. 9099 authorizing staff to complete and submit applications for
grant monies for the following: 1) $250,000 from the State Environmental
Enhancement and Mitigation Program (EEMP); 2) $100,000 from the National
Recreation Trails Program (RTP); and 3) $100,000 from the State Habitat
Conservation Fund (HCF). These funds will be used in support of the acquisition of
the Johnson Ranch (Ayers property) on Ontario Road; motion carried 5:0.
C4. FINAL ADOPTION OF ORDINANCE NO. 1375 AMENDING THE CITY'S ZONING MAP
C5.
DESIGNATION FROM (C-S) SERVICE - COMMERCIAL. TO (C -S-PD) SERVICE -
COMMERCIAL PLANNED DEVELOPMENT, FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF TANK FARM ROAD AND SOUTH HIGUERA STREET: PD
61 -00. 100 CROSS STREET.
ACTION: Moved by Marx/Schwartz to grant final passage to Ordinance No. 1375
(2000 Series); motion carried 5:0.
ROAD TO (C-S) SERVICE COMMERCIAL: R 213 -99, R188 -99 AND 206 -99.
Council Member Ewan refrained from taking action on this item due to a potential conflict of
interest.
ACTION: Moved by Marx/Schwartz to grant final passage to Ordinance No. 1366 I
(2000 Series); motion carried 4:0:1 (Ewan refrained).
C6. APPROVAL OF PLANS AND SPECIFICATIONS FOR NEW SIDEWALKS — CITY
SPECIFICATION NO. #99820A.
Council Member Romero pulled this item for questions regarding the selection of the streets
to be included in the project. Public. Works Director McCluskey reported that Priority #1
projects, as defined by Council criteria in 1999, include 16 residential collectors. Priority #2
projects will be monitored pursuant to previous Council action, he added.
ACTION: Moved by Ewan/Marx to 1) authorize the City Administrative Officer to
approve plans and specifications to install new sidewalks and/or curbs and gutters
in various locations. 2) Advertise for bids. 3) Award the contract if the cost does
not exceed the engineer's estimate; motion carried 5:0.
C7. CITY COUNCIL CHAMBER CABLECAST OPERATIONS.
This item was pulled by Council Member Marx, who voiced support for previous Council
action conceptually approving a model plan for contracting with a non - profit organization to
oversee the Public, Education and Government (PEG) access program. City Clerk Price
emphasized that, at this time, governmental access is the only portion of PEG being
considered and indicated that staff felt it prudent to keep the City's options open at this time.
Public Comments: .1
City Council Meeting Page 3
Tuesday, September 19, 2000 - 4:00 p.m.
Steve Mathieu, AGP Video, argued that there is no longer a need to have a non - profit
1 organization implement PEG access. He commented that a non - profit organization cannot
provide cablecast services as inexpensively as he can. City Attorney Jorgensen reiterated
that staff is attempting to cast the net widely and urged the Council to allow staff to come
back with the best selection possible.
ACTION: Moved by Marx/Ewan to 1) approve a request for proposals (Specification
No. 90173) for Cablecast Operations. 2) authorize soliciting of proposals.
3) authorize contract award by the City Administrative Officer if the lowest
responsible proposal does not exceed $30,000 per year; motion carried 5:0.
PUBLIC HEARING
1. APPEAL OF THE PARKS AND RECREATION COMMISSION DECISION REGARDING
MITCHELL PARK SENIOR CENTER: AGATHA REARDON, APPELLANT.
Parks & Recreation Director LeSage and Parks & Recreation Commission (PRC) Chairman
Neville presented the report and recommendations to deny the appeal and uphold the
decision of the PRC, which denied the request for a parking lot in Mitchell Park, behind the
Senior Center.
Public Comments:
Agatha Reardon, appellant, submitted additional written background in support of the
appeal (on file in the Office of the City Clerk).
Speaking in support of the appeal.
Wallace Henry. senior center participant
Paul Wilson, AARP District Coordinator
Speaking in opposition:
Pete Dunan, Vice Chair of the PRC
Greg Macedo, 779 Murray Street
Brian Christensen, 818 Pismo Street
Gary Fowler, 777 Mill Street
—end public comments—
Council Member Romero spoke in support of the appeal and provided a design proposal for
the area set aside for senior use as shuffle board courts and lawn that are not being used.
He also suggested an option for expanding the kitchen. Discussion ensued.
ACTION: Moved by Marx/Ewan to 1) uphold the August 2, 2000 decision of the Parks
and Recreation Commission which denies the request for a parking lot behind the
Senior Center at Mitchell Park. 2) Direct the Parks and Recreation Department to
bring the Mitchell Park Master Plan to the City Council for approval; motion carried
4:1 (Romero).
City Council Meeting
Tuesday, September 19, 2000 - 4:00 p.m.
Page 4
2. PROJECT STUDY REPORT - (PROJECT DEVELOPMENT SUPPORT) FOR THE
ORCUTT ROAD GRADE SEPARATION PROJECT.
Engineer Sanville introduced the staff report. Deputy Public Works Director Bochum
summarized design alternatives for the proposed project. Public Works Director
McCluskev emphasized that the Council gave staff direction to proceed and summarized
alternatives outlined in the staff report. Council questions followed.
Pete Rodgers, SLOCOG staff, spoke in support of the project because there are benefits for
the rail system. He clarified that SLOCOG has recommended an allocation of $600,000 to
move this project forward and stressed that timing is critical if the Council desires to move
forward with the project. In addition, he reported that Amtrak and CalTrans are motivated
on this project and suggested that both entities will be strong partners.
Public Comments:
Speaking in support of the staff recommendation and the project:
Nick Muick, 3731 Orcutt Road
Paul Murphy. 3560 Cedar Court
Patty Taylor, Orcutt area resident
Speaking in opposition to the project:
Jeff Spevack Continental Motors
Jim Buttery . 1102 Laurel Lane
--end public comments —
Public Works Director McCluskev suggested that staff request that SLOCOG apply the
funding ($600,000) set aside for the overpass to the four lane widening City- approved
capital project. Steve Devencenzi, SLOCOG staff, indicated that while he could provide no
guarantee, he would be willing to carry the recommendation forward to the SLOCOG Board.
Discussion ensued.
ACTION: Moved by Marx/Ewan to adopt Resolution No. 9100 is to approve the
PSR/PDR and pursue Advance Development Work until fiscal year 2001 -02 but not
initiate a circulation element amendment to delete the Orcutt Road grade separation
project and to pursue an application for SLOCOG funding for the at -grade (four
lane) improvements; motion carried 5:0.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code § 54956.9
Existing Litigation
Decision by the State Water Resources Control Board regarding Salinas Dam
City Attorney Jorgensen reported that the Council conducted the Closed Session.
City Council Meeting Page 5
Tuesday, September 19, 2000 - 4:00 p.m.
PRESENTATIONS
POLLUTION PREVENTION PROCLAMATION.
Mayor Settle presented a proclamation to Public Works Director McCluskey declaring
September 18, 2000 to September 24, 2000 as Pollution Prevention Week.
VOTER REGISTRATION WEEK.
Mayor Settle presented a proclamation to City Clerk Price declaring October 2, 2000 through
October 10, 2000 as Voter Registration Week.
3.
PROJECT.
BUSINESS ITEM
Assistant City Administrative Officer Hampian introduced the item. Economic Development
Manager Stanwvck and Consultant Kotin presented the report.
Public Comments:
Speaking in support of the staff recommendation to approve the MOUs:
' Tom Copeland, property owner
Mark Rawson, architect
Deborah Holley, Downtown Association Administrator
Brian Reynolds, City/County Library Director
Patricia Wiimore, Chamber of Commerce
Tom Swem, Downtown Association Parking Committee Chair
Mike Spangler, downtown business owner
Charlie Senn, Planning Commissioner /resident
Mike Stanton, business owner
Brett Weaver, President of the Downtown Association Board and co-owner of Kennedy Club
Fitness
Speaking in opposition to the staff recommendation to approve the MO Us:
Marybeth Schroeder, resident
Dave Smith, resident
Voicing concerns about the proposed development:
Ray Shearer, downtown business owner, asked where customers are going to park.
Brett Cross, 1217 Mariner's Cove, shared concerns about the residential component of the
project, subsidies provided and property values. He urged the Council to look closely at
the property appraisals.
1 Ira Winn, 3346 Barrancha, commented that the public needs more time to review and
consider the project. In addition, he expressed concern about impacts on parking and rent.
City Council Meeting
Tuesday, September 19, 2000 - 4:00 p.m.
--end public comments—
Page 6
Staff emphasized that the MOUs are non - binding documents that set forth the economic
balance of risks so that parties know under what circumstances the project might proceed.
It was clarified that the MOUs are separate from any design issues and land use approvals
and, further, that there will be ample opportunity for the public and Council to provide input
before a development project is approved.
Council discussion followed. Revisions were proposed and accepted to language in the
Recitals of the MOU with Chinatown -Court Street Partners, LLC as follows:
a) In the first sentence of the first paragraph, add the word "residential" after the
word "restaurant ";
b) In the seventh "Whereas ", add the word "private" after the word "priority"; and,
c) In Section 1.6.1 Desirability of Residential, change "...final project should..." to
"...developer intends to...."
ACTION: Moved by Schwartrz/Romero to 1) approve a Memorandum of
Understanding (MOU) with Chinatown -Court Street Partners, LLC, as amended,
which outlines the principles for several property transactions, predominately the
purchase and sale of City -owned property. 2) Approve a second MOU with the
Chinatown -Court Street Partners, LLC, which outlines the principles for the
purchase and sale of property presently owned by Copelands' Properties, LLC and
the George 0. and Mary E. French Family Trust. 3) Authorize staff to hire a contract
planner for a period of eighteen months to "back fill" the current duties of the City's
Associate Planner assigned to work on this project with the direct cost of work on
the project paid for by the Chinatown -Court Street Partners, LLC; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Romero presented the 1999 -2000 annual report for the San Luis Obispo
Council of Governments (on file in the Office of the City Clerk) as well as a review of the latest
meeting of the San Luis Obispo Regional Transit Authority.
COMMUNICATIONS
Council Member Ewan and Council Member Romero presented a memo to Council regarding
the difficulty filling vacancies on the Mass Transportation Committee (MTC). Council directed
staff to make recommended revisions to the by -laws and bring them back to Council for
review. Council also asked staff to check with all applicants on file to see if any would be
interested in serving on the MTC.
Assistant City Administrative Officer Hamoian reviewed the timeline for consideration of an
ordinance limiting the sale of non - taxable items in "big box" stores.
Council Member Marx reported that the San Luis Obispo County Board of Supervisors
approved a Memorandum of Understanding between the City and County regarding the
creation of additional parking facilities in the area northeast of Santa Rosa Street.
1
1
City Council Meeting Page 7
Tuesday, September 19, 2000 - 4 :00 p.m.
Assistant City Administrative Officer Hampian responded, to inquiries about the lighting glare
from the Cal Poly sports fields. He noted that Cal Poly staff are working closely with affected
neighborhoods and that City staff will inquire about what Cal Poly plans to do to remedy the
situation.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at approximately 10:30 p.m. to a Legislative Briefing, Thu y, September 21, 2000 at
2:00 p.m. in the Council Hearing Room, 990 Palm Street, %0 WA 9bispo.
APPROVED BY COUNCIL: 10/17/00
LP:dr
1
7
L
Lee Price,
City Clerk