Loading...
02/06/2001MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 6, 2001 - 4:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle. City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Long Range Planning Manager; Tom Baasch, Chief Building Official; Ron Whisenand, Development Review Manager; 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; Bridget Frazer, Engineering Assistant; Pam Ricci, Associate Planner ' PUBLIC COMMENT Bill Storm submitted a citizens' petition advocating a new senior center. Patrick Fourmv provided copies of ordinances from other cities implementing Proposition 215, Medical Use of Marijuana, for Council to review. He would like the Council to put into place legislation to protect local citizens who are following the new law. Richie Ray Walker, SLO resident, urged Council to repair City streets and sidewalks. Gary Fowler voiced concerns about increases anticipated to the utility user taxes. He suggested Council reduce the tax or consider using some of the revenues for senior citizens. Sifu Harrison recounted a recent incident that supports previous concerns he has raised regarding racism and harassment. CONSENT AGENDA C1. APPROVE A RESOLUTION DECLARING THE CITY OF SAN LUIS OBISPO'S INTENT TO FOLLOW THE CLEAN DIESEL FUEL PATH. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9146 declaring SLO Transit's decision to follow the clean diesel path as outlined in the California Air Resources Board CARB Resolution No. 00 -2; motion carried 5:0. City Council Meeting Tuesday, February 6, 2001 - 4:00 p.m. Page 2 C2. FINAL ADOPTION OF ORDINANCE NO. 1382 LIMITING THE FLOOR AREA OF NON- TAXABLE SALES IN RETAIL WAREHOUSE STORES EXCEEDING 90.000 SQUARE FEET. This matter was pulled for public comment. Public Comments: Jack Frank, Director of Real Estate for Costco, summarized comments expressed in his letter of compromise to the Council dated 215101 (on file in the Office of the City Clerk). He reported that a 90,000 square feet store is not big enough, however, Costco could work with a building that has a sales area of 100,000 sq. ft. In response to questions from Council Member Mulholland, Mr. Frank clarified that that the total footprint of the proposed building would be 138,000 sq. fL when non -sales and sales areas are combined. Speakina in opposition to final adoption of the ordinance: Richey Ray Walker, 28 La Entrada Leonard Milstein, 684 Higuera St. C Rene Troesh, 2569 Spyglass Dr. Jamie Hurley, Los Osos resident Michael T. Hanson, 1203 Madonna David Jeffrey 1128 Iris St. Lee Brazil, Jr. 846 Mill St. Lorraine Zeiderwein Mike Soanaler. SLO Lance Parker, SLO Andrew Carter, 1283 Woodside Drive ' David Juhnke, Chair of the SLO Chamber of Commerce Jeanne Potter, 1780 San Luis Drive Mike Ryan, 5"' District County Board of Supervisor Speaking in support of final adoption of the ordinance: Rhea Brooks. 863 Foothill Blvd. Mary Beth Schroeder, 2085 Wilding Lane Johanna Rubba, 1866 A Loomis Debora Schwartz, 1667 Royal Way Michael Sullivan, 1127 Seaward David Braun, 862 Islay Pam Marshall - Heatherington, Director of ECOSLO Larry Bole 1667 Royal Way Linda Seeley Richard Lee, 950 Olive Kathrvn Keller, 862 Islay SL Adrienne Dickenson, 182 Del Norte Cheryl Lesinski, 643 Funston Aaron LeBarre, 643 Funston Jason Feld 175 Crandall #16 Richard Kranzdorf,160 Graver Sherry Lewis, 209 Longview Lane Chris "e 127 Bridge St Maya Andlia, 218 Via La Paz Jack Frank. Costco, provided rebuttal comments. ' 1 1 1 City Council Meeting Tuesday, February 6, 2001 - 4:00 p.m. -end of public testimony— Page 3 Council discussion ensued. Vice Mayor Ewan and Council Member Schwartz presented additional arguments in opposition to the ordinance. Council Member Mulholland commented that she will not support the compromise offered by Costco because the store will still be too large. Council Member Manx said she would be willing to support the compromise 0 the square footage did not exceed 90,000 to 100,000 square feet. Mayor Settle voiced concerns about the validity of the ordinance. He also argued that the ordinance is too narrowly defined and would have little value. ACTION: Motion by Ewan /Schwartz to not adopt Ordinance No. 1382 on second reading; motion carried 3:2 (Mulholland /Marx). C3. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2066 (VILLA ROSA) AT 843 MUTSUHITO STREET. ACTION: Moved by SchwartzlMarx to adopt Resolution No. 9147 accepting the public improvements for Tract 2066; motion carried 5:0. C4. AMEND AN EXISTING AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY TO INCLUDE A PILOT PROGRAM RELATING TO EMERGENCY MEDICAL DISPATCH SERVICES. ACTION: Moved by Schwartz/Marx to approve an amendment to the existing contract with Cal Poly to allow the Fire Department to do a pilot program of providing Emergency Medical Dispatch (EMD) Services to the University for a period of five months and authorize the Mayor to sign the agreement; motion carried 5:0. C5. FINAL MAP APPROVAL FOR TRACT 2289 A 51 -LOT RESIDENTIAL SUBDIVISION AT FULLER ROAD AND LARKSPUR STREET (R.W. HERTEL & SON. SUBDIVIDER). ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9148 approving the Final Map for Tract 2289 and authorize the Mayor to execute the subdivision agreement and accept a creek open -space lot on behalf of the City; motion carried 5:0. C6. APPROVE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY TAX REVENUES FROM THE AERO VISTA ANNEXATION IN THE AIRPORT AREA. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9149 accepting the negotiated exchange of property-tax revenue and annual property tax increment for the Aero Vista annexation, under which the County would receive all property taxes and the City would receive all sales taxes; motion carried 5:0. C7. MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM. ACTION: Moved by Schwartz/Ma rx to grant final adoption to Ordinance No. 1381 (2001 Series) adding Chapter 8.05 to the City of San Luis Obispo's Municipal Code requiring a mandatory construction and demolition debris recycling program; motion carried 5:0. City Council Meeting Tuesday, February 6, 2001 - 4:00 p.m. Page 4 ACTION: Moved by Schwartz/Marx to 1) approve plans and specifications for "Traffic Signal Interconnect Conduit for the Winter of 2001." 2) Authorize staff to negotiate a change order for this project with the contractor for the South Higuera Street paving project. If number 2 is unsuccessful: 3) Authorize staff to advertise for bids. 4) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within budget; motion carried 5:0. C9. APPROVE JACK HOUSE RENOVATIONS. Council Member Schwartz pulled this item to speak in support of his recommendation outlined in a memo to the Council (on file in the Office of the City Clerk). Discussion ensued. ACTION: Moved by Schwartz/Ewan to approve, as revised, by giving direction to staff to proceed with the Carriage House project and the kitchen flooring; and further, to appropriate an additional $28,000 from the General Fund to complete the projects; motion carried 5:0. C10. APPOINTMENT OF REPRESENTATIVES TO AN AD HOC PERFORMING ARTS CENTER ENDOWMENT DEVELOPMENT TASK FORCE. ACTION: Moved by SchwartzlMarx to appoint Council Member Mulholland and Council Member Marx to represent the City on an ad hoc task force being established to explore ways of developing an endowment for the Performing Arts Center and reviewing other long -term funding issues; motion carried 5:0. C11. RAILROAD TRANSPORTATION CENTER CHANGE ORDER. SPECIFICATION NO. 99059. ACTION: Moved by Schwartz/Marx to 1) approve the change order for construction of a retaining wall at-the southerly end of the Railroad Transportation Center. 2) Appropriate $53,700 from the General Fund reserves. 3) Authorize the City Engineer to execute the change order; motion carried 5:0. C12. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION. FOR THE PERIOD OF 1/l/01-12/31/02. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9150 approving the Memorandum of Agreement; motion carried 5:0. C13. APPROVAL OF A RESOLUTION EXPRESSING CONCERN OVER THE PROPOSAL OF THE UNITED STATES NAVY TO UTILIZE A PORTION OF THE HUNTER - LIGGETT MILITARY RESERVATION AS A TARGET RANGE AND URGING CONSIDERATION OF ALTERNATIVES FOR THAT ACTIVITY. ACTION: Moved by Schwartz/Marx to approve Resolution No. 9151 as revised expressing the Council's opposition to the Navy's proposal and urging a full and complete consideration of the environmental, social, and economic impacts of that proposal, and consideration of alternatives to the proposal; motion carried 5:0. C14. RAILROAD SERVICE AREA PARKING MANAGEMENT PLAN. ACTION: Moved by SchwartdMarx to 1) approve the proposed Railroad Square Service Area Parking Management Plan. 2) Direct staff to work with the stakeholders for plan improvements six months after implementation and make changes as mutually agreed upon, as appropriate. 3) Adopt Resolution No. 9152 City Council Meeting Page 5 Tuesday, February 6, 2001 - 4:OO.p.m::, establishing parking management guidelines for expanded reserved Amtrak parking ' in the Railroad Transfer Center in cooperation with the San Luis Obispo Council of Governments (SLOCOG). 4) Rescind previous Council direction to require multiple reimbursements of the General Fund from Parking Enterprise Fund and vice - versa; motion carried 5:0. C15. COUNCIL MINUTES OF TUESDAY JANUARY 9.2001: TUESDAY, JANUARY 16, 2001 • WEDNESDAY JANUARY 17 2001: AND TUESDAY, JANUARY 23, 2001. ACTION: Moved by Schwart;dMarx to waive oral reading and approve as amended; motion carved 5:0. C16. APPROVAL OF THE CONFIDENTIAL EMPLOYEES' COMPENSATION ADJUSTMENTS. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9153 adjusting compensation for the City of San Luis Obispo Confidential Employees; motion carried 5:0. APPOINTMENTS Al. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE. ACTION: Moved by Ewan[Mulholland to 1) appoint Ann Wager as Member -at -Large to fill an unexpired term to begin immediately and end on March 31, 2003. 2) Appoint Jean Knox as Business Representative to fill an unexpired term to begin immediately and end on March 31, 2002. 3) Appoint Jim Weir as Member -at -Large to a four -year term to begin immediately and expired on March 31, 2005. 4) Appoint Bob Johnson as an Alternate Member -at -Large to a three -year term to begin immediately and expire March 31, 2004. 5) Appoint Richard Lee as Technical Representative to a four -year term to begin on April 1, 2001 and end on March 31, 2005; motion carried 5:0. PUBLIC HEARING At 10:30 p.m., Mayor Settle stepped down due to a potential conflict of interest. Vice Mayor Ewan asked the Council to review the agenda in light of the hour. Michael Morris, representing the Dalidio Family, indicated that the applicant desires the public hearing to continue despite the lateness of the hour. The Council agreed to proceed with the staff report and public testimony. Development Review Manager Whisenand and Associate Planner Ricci presented the staff report Consultant Svete from Rincon Consultants Inc., provided a summary of the conclusions of the Environmental Impact Report. Vice Mayor Ewan opened the public hearing. Andrew Merriam, applicant's representative, presented an overview of the application for 1 annexation and prezoning. Bill Bird noted that surveys show that there is significant community support for the type of development proposed for the property. Kevin Bird summarized the key components of the proposed development, the San Luis Marketplace. City Council Meeting Tuesday, February 6, 2001 - 4:00 p.m. Page 6 Roger Bernstein. Lowe's Home Improvement, spoke in support of the application. Ernie Dalidio speaking on behalf of the Dalidio Family, urged the Council to honor the General Plan and all the work that has been done over the past ten years. — Public testimony began at 11:35 p.m. - -- Speaking in opposition to the annexation /prezonins�: Susan Amerikaner, 883 Vista Collados Mary Beth Schroeder, 2085 Wilding Lane Marie Dickson. 1978 Oceanaire Richard Kranzdorf. 160 Graves Johanna Rubba, 1866 A Loomis St. Debora Schwartz, 1664 Royal Way Michael Sullivan, 1127 Seaward St. Linda Seeley, 1040 San Carlos Richard Schmidt, Friends of the Farm, 112 Broad Merle Moriarty-Roders, 67 Contenta Court Donna Wilson, 1850 Oceanaire Alexander Hensen, Environmental Defense Center Adrienne Dickenson, 182 Del Norte Stephen Peterson, 1390 Palm Eugene Jud, 665 Leff St. Orval Osborne, 310 Calle Lupita Brett Cross, 1217 Mariners Cove Tara Stork, 743 Rouget Brian Christensen, Citizens for Ethical Planning Bill Wilson Speakina in support of the annexation: David Jeffries, 1128 Iris Kathie Haley, 1881 Corralitos Doug Davidson, Canon Associates, Patricia Wilmore, Chamber of Commerce, 1039 Chorro Ron Rusconi. 527 Branch Other public comments: Rick May, 1635 Knoll, suggested that the Council consider purchasing the property and use it for sports fields if they chose not to approve the project. —Vice Mayor Ewan closed the public hearing — ACTION: Moved by MandMulholland to continue the item to Tuesday, February 13, 2001 at 7:00 p.m.; motion carved 4:0:1 (Settle refrained). 3. INTRODUCE AN ORDINANCE AMENDING THE CITY'S BENCH MARK SYSTEM DATUM PLANE (REFERENCE SYSTEM FOR ESTABLISHING ELEVATIONS THROUGHOUT THE CITY. Public Works Director McCluskev provided the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. City Council Meeting Page 7 Tuesday, February 6, 2001 - 4:00 p.m. ACTION: Moved by Marx/Mulholland to introduce Ordinance No. 1383 amending Section No. 12.40.050 of the Municipal Code directing the City Engineer to establish the City's Bench Mark System from datum established by the National Geodetic Survey; motion carried 5:0. w COUNCIL LIAISON REPORTS None. COMMUNICATIONS None. There being no further business to come before the C#YCouncil, r ttl See adjourned the meeting at 12:36 a.m. to Tuesday, February 13, 2001 Noo C ncil Hearing Room, 990 Palm Street, San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 316/01 LP:dr 1 J