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09/04/2001MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 4, 2001 7:00 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, Community Development Director; 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; Betsy DeJarnette, Assistant to the City Administrative Officer; John Shoals, Associate Planner; Neil Havlik, Natural Resources Manager; Michael Codron, Associate ' Planner SPECIAL ANNOUNCEMENTS Natural Resources Manager Havlik announced that the City has received a donation from Bert & Candace Forbes of $100,000 for the completion of the acquisition of the Johnson Ranch property acquisition. PUBLIC COMMENT Charles Senn, 178 Broad Street, urged the Council to file an application with the County of San Luis Obispo in order to be a potential purveyor of State Water. He added that he would hate to see the City lose the opportunity to apply. Jo Ann Rogers, 242 Marlene Drive, asked Council to consider alternative traffic calming measures for Foothill Boulevard as part of the current reconstruction project. The following residents of Laguna Lake Mobile Home Park voiced concerns about issues in the park including difficulties with new owners as well as rent increases: Jim Mcguire Ted Foster William Nulton Patricia Danielson William Henson Mike Rowland Betty Henson Carol Nulton City Council Meeting Tuesday, September 4, 2001 - 7:00 p.m. Page 2 Lois Rinehart (also distributed copies of a letter sent to another tenant from the management; on file in the Office of the City Clerk). , City Attorney Jorgensen provided background about the City's mobile home rent control ordinance, noted that it is the intention of the City to support the provisions of the ordinance and urged park residents to contact him directly regarding any rent control concerns or Issues they may have. CONSENT AGENDA Council Member Schwartz stated that he would be voting no on item C4. Mulholland Indicated that she would be voting in opposition to Item C5. Council Member Marx noted she would abstain on Item C1 due to absence. ACTION: Moved by Schwartz/Ewan to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF AUGUST 21, 2001. ACTION: Moved by Schwartz/Ewan to waive oral reading and approve as presented; motion carried 4:0:1, Marx abstained because she did not attend the meeting of August 21, 2001. C2. ENVIRUNMtN I AL LtN I tR Ur JAN LUIJ voiary %,vun I i tc%,VQA- k ACTION: Moved by Schwartz/Ewan to approve and authorize the Mayor to sign a two -year professional services agreement with the Environmental Center of San Luis Obispo County (ECOSLO), for public information and retainer services of up to $26,500 in each year of the current financial plan, for a total of $53,000 over the two - year life of the agreement; motion carried 5:0. C3. ACTION: Moved by Schwartz/Ewan to approve and authorize the Mayor to execute a two -year professional services agreement with the Land Conservancy of San Luis .. Obispo County for continued professional services of up to $15,000 per year, for a total of $30,000 over the two -year life of the Agreement; motion carried 5:0. C5. GP/R/ER 35 -01. ACTION: Moved by Schwartz/Ewan to grant final passage to Ordinance No. 1397 (2001 Series); motion carried 4:1, Schwartz. 1 City Council Meeting Page 3 Tuesday, September 4, 2001 - 7:00 p.m. Public Comment: Steve Crandall, 1880 Santa Barbara, (representing a party in a lawsuit against the City) voiced opposition to approval and assented that projects like this should not be approved until a pedestrian transportation plan is approved. —end of public comments ACTION: Moved by Schwartz(Ewan to adopt a Resolution No. 9224 (2001 Series) approving the Final Map for Tract 2307, and authorize the Mayor to execute the subdivision agreement and accept deeds for the DeVaul Park property and the offsite emergency access/pedestrian/utility easement to Quail Drive; motion carried 4:1, Mulholland. ,I C6. REQUEST FOR PROPOSAL UPDATING TRANSPORTATION IMPACT FEES. Director of Finance Statler responded to questions from Council Member Mulholland. C7. 1 ACTION: Moved by Schwartz/Ewan to approve the request for proposals (RFP) for preparing an update of the transportation impact fees; and authorize the City Administrative Officer to award the contract if the best overall proposal is within the approved budget of $25,000; motion carried 5:0. ACTION: Moved by Schwartz/Ewan to approve a budget amendment request transferring $25,000 from the Capital Improvement Project Reserve account in the capital outlay fund to the project account for street improvements at Santa Rosa/Monterey /Califomia for the replacement of damaged storm drainpipe; motion carried 5:0. C8. UNSCHEDULED VEHICLE AND EQUIPMENT REPLACEMENTS. ACTION: Moved by Schwartz/Ewan to: 1) Authorize acquisition by purchase order in the amount of $26,581.44 to Downtown Ford Sales for replacement of one police patrol sedan that was totaled in an accident. 2) Authorize acquisition by purchase order in the amount of $8,453.00 to San Luis Motorsports for replacement of one police patrol motorcycle that was totaled in an accident. 3) Authorize acquisition by purchase order in the amount of $32,266.92 to John Deere Company for early replacement of one tractor with loader attachment. 4) Appropriate $24,500.00 from the unappropriated balance of the equipment replacement fund; motion carried 5:0. C9. DECLARATION OF THE "IRISH HILLS NATURAL RESERVE." ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9225 (2201 Series) declaring the contiguous 182 -acre DeVaul Open Space, the 154 -acre Foster Open space, and the 360 -acre Prefumo Open Space parcels as the "Irish Hills Natural Reserve;" motion carried 5:0. 1 City Council Meeting Page 4 Tuesday, September 4, 2001- 7:00 p.m. APPOINTMENTS Al. APPOINTMENT RECOMMENDATION TO THE CITIZEN'S TRANSPORTATION 1. ADVISORY COMMITTEE. ACTION: Moved by Settle/Marx to appoint Stanley Yucikas as the City of San Luis Obispo representative to the Citizen's Transportation Advisory Committee, his term to begin immediately and expire on 3131/04; and thank Henry Case for his service; motion carried 5:0. (Continued from 8- 21 -09) PUBLIC HEARINGS Community Development Director Mandeville presented the staff report. Mayor Settle opened the public hearing. Buzz Nielsen, Manager for Hayward Lumber, asked questions of staff about zoning and street widening of Higuera. Mr. Nielsen expressed concerns about potential conflicts between commercial and residential uses in the future. Mayor Settle closed the public hearing. Council Member Mulholland expressed concerns about the creek setback and the bike path proposed to infringe upon it. She announced that she would not support the staff recommendation and reiterated her previous position on the Plan. Mayor Settle concurred. ACTION: Moved by Ewan/Marx to: 1) Introduce Ordinance No. 1398 (2001 Series) approving the zoning map amendments, based on findings. 2) Introduce Ordinance No. 1399 (2001 Series) a revision to the Higuera Street building setback line, based on findings; motion carried 3:2 (Settle, Mulholland). 2. Associate Planner Shoals presented the report and Planning Commission recommendation to introduce an ordinance amending the City's Zoning Regulations to set a maximum building size for large -scale retail establishments. In addition, he noted that the City Administrative Officer was recommending that the size limit for the C-N zone should be 55,000 square feet, rather than 45,000 square feet as proposed by the Planning Commission. Planning Commission Chairperson Peterson provided background Information to the Council about the Commission's deliberations on this matter. Council questions followed. Mayor Settle opened the public hearing. Andrienne Dickinson. 182 Del Norte Way, spoke in opposition to "big box stores." City Council Meeting Tuesday, September 4, 2001- 7:00 p.m. Page 5 Steve Crandall asked Council to adopt the proposed ordinance but not before strict design standards are approved. He also urged the Council to make those already in the pipeline comply with the size limitations of the ordinance. Todd Bartok and Greg Vena representatives from Costco, indicated that they were present and available for questions. Voicing Onaosition to the Ordinance. Jeanne Potter, Member of Legislative Committee of the Chamber of Commerce Carl Dudley, resident and business onwer David Juhnke, Chair of the Board of the San`Luis Obispo Chamber of Commerce Patricia Wilmore, Legislative Director for the Chamber of Commerce Debbie Nicklaus, Chairperson of the Legislative Committee of the Chamber of Commerce Jeff Buckingham, Chamber of Commerce Board Member Brett Cross, 1217 Mariners Gove Bill Storm 3057 S. Higuera Dave Garth , Executive Director of the Chamber of Commerce Voicing Suaport for the Ordinance: Mike Boswell (Planning Commission Member speaking as a private citizen) Richard Kranzdorf Pam Marshall.Heatherton. Executive Director of ECOSLO 1 Jeannie Dugger. Paso Robles resident Chris Ivey, Arroyo Grande resident Mayor Settle closed the public hearing. Council discussion followed. Vice Mayor Ewan voiced support for the City Administrative Officer recommendation. Council Member Mulholland expressed support for the Planning Commission recommendation. Council Member Schwartz spoke In favor of sending the matter back to the Planning Commission with direction to examine in more details issues relating to parking, including considering maximum numbers for surface parking and looking at options of stacked parking. Council Member Marx explained that she supports the Planning Commission recommendation with a few changes as it relates to parking guidelines. She also asked what projects are currently in the pipeline. Associate Planner Shoals reported that Costco has the only pending application and would be exempt from the ordinance. Council Member Marx recommended that a statement be included in the proposed ordinance calling for a moratorium on applications for these types of structures until guidelines are in place. City Attorney Jorgensen advised Council that the adoption of the proposed ordinance would not render any existing building non - conforming and, further, that the Council could not legally impose such a moratorium. Community Development Director Mandeville . reported that draft design guidelines will go to Architectural Review Commission in two weeks. Associate Planner Shoals assured the Council that there is little chance that another application could come in and be deemed complete during the next few weeks. Mayor Settle expressed concern that the proposed ordinance is premature and has a very limited application given the few large parcels potentially available for this type of development. He added that he fears the ordinance will be counter - productive and will send a message to the business community that San Luis Obispo is not the place to come. City Council Meeting Tuesday, September 4, 2001- 7:00 p.m. Page 6 He concluded by commenting that if the ordinance is approved, he would support the Planning Commission's recommendation for CN (Neighborhood Commercial) zones. ACTION. Moved by Marx/Ewan: Refer the ordinance back to the Planning Commission to further evaluate the neighborhood commercial size limitations with respect to the City Administrative Officer's recommendation, to evaluate the effect that multiple stories would have on the size limitations and to analyze parking standards as they relate to large retail establishments; further, to refer to the Architectural Review Commission building proportions and parking layouts; motion carried 5:0. 3. Associate Planner Codron presented the staff report. Cultural Heritage Committee Member McMasters was on hand to respond to questions. Mayor Settle opened the public hearing. There were no comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Mulholland to receive the White Paper Response and introduce Ordinance No. 1401 (2001 Series) amending the City's Building Demolition and Relocation Code to provide a discretionary review procedure for demolition or relocation of structures 50 years old or older, with additional changes to the code to insure consistency with the California Environmental Quality Act (CEQA); motion carried 5:0. 1 BUSINESS ITEMS 4. Assistant City Administrative Officer George presented the staff report. Public Comments Brett Cross, 1217 Mariner's Cove, asserted that the use proposed has not been adequately noticed to the public. He supports the use of it as low- income housing but not for use as office. —end of public comments— City Administrative Officer Hampian clarified that a mixed -use would require a use permit. Council Member Mulholland indicated she would support a residential use of the building and added that she would support staff's recommendation to delegate to the San Luis Obispo Housing Authority the handling of the lease. Council Member Marx agreed and added that she would recommend provisions in the lease agreement that protects the City. City Attorney Jorgensen recommended a provision in the lease agreement that would Waive relocation provisions for when the Council makes the determination that there Is a better use for the property. City Council Meeting Page 7 Tuesday, September 4, 2001- 7:00 p.m. ' Vice Mayor Ewan voiced support of the staff recommendation. Council Member Schwartz remarked that he would prefer the alternative use as a temporary residence for new City department heads or managers. ACTION: Moved by Schwartz/Mulholland to authorize staff to lease the property as a residence through the Housing Authority with a provision in the agreement that waives relocation responsibility by the City for when the Council makes the determination that there is a better use for the property; motion carried 5:0. ACTION: Moved by Marx/Mulholland to: 1) Adopt Resolution No. 9226 (2001 Series) revising policies for leasing of City-owned buildings. 2) Direct staff to include these revised policies in a future update oaf the City's Property Management Manual; motion carried 5:0. COUNCIL LIAISON REPORTS None. COMMUNICATIONS City Administrative Officer Hamoian stated that improvements will be made to the visibility of the historical Fremont landmark located on the corner of Osos and Mill Streets as part of the Transit Transfer Center project. There being no further business to come before the City Council Mayor Settle adjourned the meeting at 12:12 a.m. to Monday, September 10, 2001 at noon in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 911812001 _ LP:mk f M�C2�1 Lee Price, C.M.C. City Clerk 1