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10/02/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 2, 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 Hamplan, 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; Bart Topham, Police Captain; Bob Neumann, Fire Chief; Mike McCluskey, Public Works Director; and Paul LeSage, Parks and Recreation Director; John Shoals, Associate Planner; and Jeff Hook, Associate Planner PRESENTATIONS NATIONAL DENTAL HYGIENE MONTH Mayor Settle presented a proclamation to Maureen Titus, Vice President of the California Dental Hygienists Association, declaring October 2001 as National Dental Hygiene Month. STOP CANCER WHERE IT STARTS MONTH Mayor Settle presented a proclamation to Ginny Monteen, Cancer Action Now Director, pronouncing the month of October 2001 as "Stop Cancer Where It Starts Month." FIRE PREVENTION WEEK Mayor Settle declared October 7, 2001 through October 13, 2001 to be Fire Prevention Week and presented a proclamation to Fire Chief Neumann and Fire Marshall Drake. NURSE - MIDWIFERY WEEK Mayor Settle presented a proclamation to a representative for Linda Richards, Certified Nurse - Midwife, proclaiming the week of October 1, 2001 through October 7, 2001 as Nurse - Midwifery Week. PUBLIC COMMENT Mike Cannon, Cannon Corporate Center, urged Council to add large medical offices as an allowable use in the Business Park designation. He noted that he has had interest expressed City Council Meeting Page 2 Tuesday, October 2, 2001 - 7:00 p.m. by a local medical group that desires larger office space to relocate to his new business park and submitted for the record a copy of a letter from the owners of Medical Eye Services (on file in the Office of the City Clerk) documenting their needs. Community Development staff agreed to make sure that Mr. Cannon is included on the list -to receive notices of public meetings regarding the Airport Area Annexation Plan. Lois Reinhart and Bill Nulton, Laguna Lake Mobile Home Park residents, expressed concerns about potential rent increases. City Attorney Jorgensen reported that the City has received correspondence from the park owners' attorneys who plan to challenge the vacancy control provisions of the mobile home rent stabilization ordinance. He invited residents ofithe park to contact him personally if they have questions and/or concerns. Kelvin Sifu Harrison. San Luis Obipso resident, reiterated claims of harassment and discrimination. Mary Beth Schroeder, Wilding Lane resident, repeated hopes that 1341 Nipomo can become the new senior center. Hamish Marshall, local developer, expressed concern about existing water allocation policies for new development He suggested, due to the number of pending annexations and large development projects in the pipeline, that the Council allow the business sector to have some input on how water will be allocated over the next three to four years. Staff indicated that water allocations are given on a first come first served basis and that Mr. Marshall would be notified of opportunities to review and discuss water policies. CONSENT AGENDA 1 ACTION: Moved by Ewan/Mulholland to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF SEPTEMBER 10, 2001 AND SEPTEMBER 18.2001. ACTION: Moved by Ewan/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. - EL CHORRO REGIONAL PARK SOFTBALL FIELDS. ACTION: Moved by Ewan/Mulholland to approve the recommendations of the Joint Use Committee and the Parks and Recreation Commission for the outline of an agreement to cover the improvements to and subsequent operation of the El Chorro Regional Park softball fields; motion carried 5:0. C3. BACKHOE LOADER REPLACEMENT, SPECIFICATION NO. 90256. C4. RECOMMENDATION: Moved by Ewan/Mulholland to approve a cooperative procurement via purchase order to Quinn Company in the amount of $68,126.90 for one Caterpillar 420D backhoelloader with optional equipment; motion carried 5:0. GRAVES AVENUE, SPECIFICATION NO. 901568. ACTION: Moved by Ewan/Mulholland to: 1) Approve plans and specifications for the Water Improvement Project: Loomis Street from Grand Avenue to Graves 1 i City Council Meeting Tuesday, October 2,2001- 7:00 p.m. C5. Page 3 Avenue; 2) authorize staff to advertise for bids; and 3) authorize the City Administrative Officer to award contract if lowest responsible bid is within the engineer's estimate; motion carried 5:0. Council Member Marx commented in support of this item and added that funding improvements to the adobes is more appropriate through application of grants like this one as opposed to Community Development Block Grant (CDBG) funds. Mary Beth Schroeder encouraged the restoration of the Bowden (La Loma) adobe. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9233 (2001 Series) authorizing staff to submit an application to the State Department of Parks and Recreation's Urban Recreational and Cultural Centers (URCC) Grant program for $111,700 to renovate the Rosa Butron De Canet De Simmler Adobe ( Butron Adobe); motion carried 5:0. C6. POLICE GENERAL PURPOSE SEDAN REPLACEMENT, SPECIFICATION NO. 90057. ACTION: Moved by Ewan/ Mulholland to: 1) Approve procurement by payment voucher in the amount of $57,979.08 to Enterprise Car Sales for three police general - purpose sedans; 2) appropriate $8,200.00 from the unappropriated balance of the equipment replacement fund to the project account for police general - purpose sedan replacement; motion carried 5:0. Al. Council Member Marx asked if it might be appropriate to make campaign sign regulations a part of the Election Campaign Regulations ordinance. City Attorney Jorgensen advised that the committee's role is to examine the mechanics of campaigns and campaign contributions; however, staff would mention the matter to the committee when they convene. ACTION: Moved by Settle/Ewan to appoint Chuck Stevenson, John Spatafore, Sandi Sigurdson, Trish Avery and Amy Shore to the Election Campaign Regulations Review Committee; motion carried 5:0. PUBLIC HEARINGS APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION (ARC) APPROVAL OF THE AEROVISTA BUSINESS PARK AT 4451 BOARD STREET: WESTPAC INVESTMENTS, APPLICANT; CHIEF MARK VIGIL SR.. APPELLANT (ARC 80-01). Associate Planner Shoals reported that the appellant believes that information can be gathered by a visit to the site and has requested a two -week continuance. Community City Council Meeting Tuesday, October 2, 2001- 7:00 p.m. Page 4 Development Director Mandeville advised that there is no evidence in support of the appeal; however, the appellant desires additional time to find that evidence. Council discussion ensued. Council Member Schwartz. Vice Mayor Ewan and Mayor Settle indicated that they would not support granting the request for a continuance and, further, that they-saw no basis to support the appeal. Council Member Schwartz ask staff how long this development has been on the public record. Associate Planner Shoals reported that some form of a development proposal for this site has been on the books for eleven years. He noted that applications and approvals have been given to a subdivision and an annexation. In addition, the project has gone through the necessary environmental review, complies with the California Environmental Quality Act (CEQA) and received Architectural Review Committee approval. Mayor Settle opened the public hearing. The appellant was not present. Hamish Marshall, applicant's representative, argued that there have been three environ- mental reviews in eleven years, one in the County and two in the City, with the last one done in 1999. He noted that there have been two buildings built already and that the appellant has not reviewed any of the plans for the proposed project. He asserted that the appellant has provided no evidence in support of the appeal and that he (the appellant) had contacted him (Marshall) requesting payment for his (appellant) services to go out and inspect the property. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9234 (2001 Series) denying the appeal and upholding the Architectural Review Commission decision; motion carried 3:2 (Mulholland, Marx). 2. REVIEW AND APPROVE THE MITCHELL PARK MASTER PLAN. Parks and Recreation Director LeSage presented the staff report and emphasized that the Plan Is just that —a plan —and no funding Is in the budget to implement it. Council comments in favor followed. Mayor Settle opened the public hearing. Mary Beth Schroeder voiced opposition and argued that the City should not spend any money implementing the Plan. She asserted that the seniors are not being treated fairly and have not had any input on the Plan. Parks and Recreation Director LeSage clarified that there are no plans to make any revisions or changes to the current senior center other than normal maintenance and upkeep. Mayor Settle closed the public hearing. Council Member Schwartz suggested that the Parks and Recreation Commission be tasked with evaluating the Plan for potential community service projects and that the information be provided to local groups, churches and neighbors in hope that the Plan could begin to be implemented. r 7 L City Council Meeting Tuesday, October 2, 2001 - 7:00 p.m. 3. Page 5 ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9235 (2201 Series) accepting the recommendations of the Parks and Recreation Commission, Cultural Heritage Committee and Architectural Review Commission, and approving the Mitchell Park Master Plan, and to ask the Parks & Recreation Commission to evaluate the Plan and determine potential community service projects that could be accomplished by local service organizations, and further, to get this information out to local service organizations, nearby churches and the neighborhood, as appropriate; motion carried 5:0. RESOURCES. Associate Planner Hook presented the staff report. At the suggestion of Council Member Schwa he noted that the resolution has been revised to specify that the concept of placing these properties on the list of historic resources was submitted by a member of the community (Bill Cattaneo), as opposed to staff or an advisory body. Chairperson Schraae. Cultural Heritage Committee, spoke in support of the committee's recommendation. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9236 (2001 Series ) as revised, adding three properties to the Contributing Properties List of Historic Resources; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the Cultural Heritage Committee meeting of September 24, 2001. Council Member Marx provided an update on the Student Community Liaison Committee meeting of September 27, 2001. Discussion followed regarding Council sub - committee rotating assignments. Options for revising the current assignments will be considered in January as part of the annual Council subcommittee appointment process. Council Member Schwartz reviewed the agenda for the upcoming October 3, 2001 meeting of the San Luis Obispo Council of Governments (SLOCOGySan Luis Obispo Regional Transit Authority (SLORTA). Discussion followed regarding SLOCOG's regional housing needs allocations process and methodology. Staff will bring back a status report on this issue in the next few weeks. Council Member Schwartz announced that the North County Water Forum will meet this week. Council Member Marx indicated she would soon be meeting with County staff on issues relating to Zone 9. Council Member Marx noted that Economic Opportunity Commission will meet this month. Council Member Marx gave an update on the Promotional Coordination Committee. Vice Mayor Ewan reported on the most recent Air Pollution Control District meeting. City Council Meeting Tuesday, October 2, 2001 - 7:00 p.m. COMMUNICATIONS Page 6 Council Member Mulholland withdrew her request to reconsider Council action on the large retail store ordinance (see memo on file in the Office of the City Clerk) due to the fact that the matter is moving forward in an expeditious manner. Council Member Mulholland referred to correspondence received from Lionel Johnston of Morro Bay (on file in the Office of the City Clerk). She noted that Mr. Johnston is concerned about the condition of the Whale Rock Reservoir and has made some suggestions for restoration. City Administrative Officer Hampian indicated that he would refer the letter to the Natural Resources Manager and Environmental Center of San Luis Obispo (ECOSLO). Council Member Mulholland passed along information she received about the "Farming on the Edge Conference" in St Charles, Illinois. Mayor Settle mentioned a Council communication from the Utilities Department regarding wastewater discharge violations and fines imposed by the State (on file in the Office of the City Clerk). City Attorney Jorgensen provided additional background and a status reporL There being no further business to come before the City meeting at 9:12 p.m. to Tuesday, October. 16, 2001 at 7:0/1 Palm Street, San Luis Obispo. I Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10116/2001 LP:mk the Li 1 1