Loading...
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