HomeMy WebLinkAbout02/06/2001MINUTES
' 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.
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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
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