Loading...
11/06/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 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, 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 DeJamette, Assistant to the City Administrative Officer; Linda Fitzgerald, Recreation Manager; Austin O'Dell, Transit Manager; Pam Ricci, Associate Planner; John Shoals, Associate Planner; Dave Pierce, Water Projects Manager INTRODUCTION OF NEW EMPLOYEES Public Works Director McCluskey introduced Jay Walter, Deputy Director Public Works — Engineering Division; Jeff LeQuesne, Maintenance Worker — Parks Division; and Stuart Smith, Maintenance Worker — Streets Division. PUBLIC COMMENTS Dave Romero, 2057 Skylark lane, urged the Council to make another effort to encourage the development of the Dalidio property within the City. Mary Beth Schroeder, 2085 Wilding, noted that she will continue to work towards her goal of seeing a senior center located at 1341 Nipomo Street. 1 City Council Meeting Tuesday, November 6, 2001- 4:00 p.m. CONSENT AGENDA Page 2 City Clerk Price pulled Item C14 to add a request for a study session on November 27, 2001 at 12:00 noon for the purpose of providing input to staff on the formation of a Parking and Access Committee. In addition, she noted that it would be necesssary to ask the Council to start at 4:00 p.m. on December 4"' and 11"'. Staff responded to questions regarding C4, 5, 6, 10 and 19. Vice Mayor Ewan indicated he would refrain from voting on Item C7 due to a potential conflict of interest (owns business In immediate vicinity). ACTION: Moved by Mulholland/Marx to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY, OCTOBER 16.2001. ACTION: Moved by Mulholland/Marx to waive oral reading and approve as presented, motion carried 5:0. C2. ACTION: Moved by Mulholland/Marx to approve the appointments of Dawn Deibert, Kathi Main and Steve Owens to the San Luis Obispo Downtown Association Board of Directors; motion carried 5:0. C3. NEW SIDEWALK CONSTRUCTION FOR 2001 -02, SPECIFICATION NO. 90262. ACTION: Moved by Mulholland/Marx to: 1) Approve plans and specifications for "New Sidewalk Construction 2001 -02, Specification No. 90262. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the cost is less than the engineer's estimate of $91,300; motion carried 5:0. C4. ACTION: Moved by Mulholland/Marx to: 1) Approve Specifications for 2000 Community Development Block Grant Curb Ramp Installations, Specification No, 99868•D. 2) Authorize staff to advertise for bids. 3) Authorize award by City Administrative Officer to the lowest responsible bidder if bid is within engineer's estimate; motion carried 5:0. C5. SEWER, WATER AND STREET, IMPROVEMENT PRUJLL;I : bAN I A KUSA — MONTEREY —CALIFORNIA STREETS, SPECIFICATION NO. 90151 CONTIN( FUNDING. ACTION: Moved by Mulholland/Marx to authorize transfer of funds from the Collection System Improvements, Distribution System Improvements and Reconstruction and Resurfacing accounts to provide additional contingency funding for Sewer, Water and Street Improvement Project: Santa Rosa, Monterey City Council Meeting Page 3 Tuesday, November 6, 2001- 4:00 p.m. and California Streets, Specification No. 90151 as identified in the report; motion carried 5:0. C6. REQUEST FOR PROPOSALS FOR CLASSIFICATION STUDY OF CLERICAL AND MANAGEMENT POSITIONS. ACTION: Moved by Mulholland/Marx to: 1) Approve the Request for Proposals for a classification study of clerical and management positions, Specification No. 90302. 2) Authorize distribution of the Request for Proposals. 3) Accelerate funding from 2002-03 in the amount of $50,000 to augment the $30,000 appropriated in 2001 -02 in order to enable the studies to be done concurrently in fiscal year 2001 -02. 4) Authorize the City Administrative Officer to award a contract if contract prices are within the cost estimate of $80,000; motion carried 5:0. C7. FINAL ADOPTION OF ORDINANCE NUMBER 1401 (2001 SERIES) ADOPTING BUILDING SETBACK LINES FOR SANTA BARBARA AVENUE BETWEEN HIGH AND BROAD STREETS. ACTION: Moved by Mulholland/Marx to grant final adoption to Ordinance No. 1401 (2001 Series); motion carried 4:0 (Ewan refrained due to a potential conflict of interest; his business is in the immediate vicinity of the project). C8. LIGHTING SYSTEMS FOR MID -BLOCK PEDESTRIAN CROSSINGS. ACTION: Moved by Mulholland/Marx to authorize staff to purchase and install in- roadway lighting equipment for the mid -block pedestrian crossings located in the 800 block of Marsh Street and the 800 block of Higuera Street; motion carried 5:0. C9. REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES TO PREPARE THE SHORT RANGE TRANSIT PLAN. ACTION: Moved by Mulholland/Marx to: 1) As recommended by the Mass Transportation Committee (MTC), approve a Request for Proposals for professional services to prepare the Short Range Transit Plan for the City of San Luis Obispo. 2) Authorize the City Administrative Officer to execute agreement with a selected contractor for an amount not to exceed $37,500; motion carried 5:0. C10. ANNUAL STATEMENT OF DEVELOPMENT IMPACT FEES. C11. 1 ACTION: Moved by Mulholland/Marx to receive and file annual statement of revenues and expenditures from development impact fees for 2000-01 (water, wastewater and transportation); motion carried 5:0. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9243 (2001 Series) authorizing staff to complete and submit an application for. grant monies in the amount of $250,000 from the Environmental Enhancement and Mitigation Program (EEMP), which would be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101; motion carried 5:0. City Council Meeting Page 4 Tuesday, November 6,2001- 4:00 p.m. C12. SOLE SOURCE PROCUREMENT WITH COMPLETE COACH WORKS FOR THE PURCHASE AND INSTALLATION OF WHEELCHAIR LIFTS ON SAN LUIS OBISPO TRANSIT BUSES. ACTION: Moved by Mulholland/Marx to approve sole source procurement with Complete Coach Works to purchase and install wheelchair lifts on four San Luis Obispo Transit Orion Buses and authorize the City Administrative Officer to execute the contract for an amount not to exceed $133,350; motion carried 5:0. C13. THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS' (SLOCOG) REGIONAL HOUSING NEEDS ALLOCATION PROCESS AND METHODOLOGY. (MANDEVILLE/HOOK) ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9244 (2001 Series) recommending the use of a "development suitability factor" in determining regional housing needs; motion carried 5:0. C14. COUNCIL MEETINGS FOR THE MONTHS OF DECEMBER 2001, AND JANUARY AND FEBRUARY, 2002. C15. ACTION: Moved by Mulholland/Marx to: 1) Reschedule the second regular meeting in December 2001 from Tuesday, December 18'h to Tuesday, December 11"'. 2) Reschedule the first and second meetings in January 2002 from Tuesday, January 1 st to Tuesday, January 8`" and from Tuesday, January 15`" to Tuesday, January 22ntl. 3) Call a special meeting for Tuesday, February 26, 2001 for the purpose of conducting the Mid -Year Budget Review; motion carried 5:0... ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9245 (2001 Series) authorizing staff to apply for a grant and a low interest loan from the State Water Resource Control Board for the Water Reuse Project; motion carried 5:0. C16. DEDICATION OF WATER FUND REVENUE FOR LOAN REPAYMENT. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9246 (2001 Series) dedicating water fund revenues for repayment of State Revolving Fund loans for the Water Reuse Project; motion carried 5:0. C17. REQUEST FOR PROPOSAL FOR VALUE ENGINEERING SERVICES. ACTION: Moved by Mulholland/Marx to: 1) Approve and authorize distribution of a Request for Proposal for Value Engineering Services. 2) Authorize the City Administrative Officer to award and execute contract with qualified service provider for an amount not to exceed $40,000. 3) Approve the transfer of $40,000 from the Water Reuse Project construction account to the design account to fund this review; motion carried 5:0. C18. REQUEST FOR PROPOSAL FOR IRRIGATION SYSTEM - DESIGN SERVICES. ACTION: Moved by Mulholland/Marx to: 1) Approve and authorize. distribution of a Request for Proposal for Irrigation System Design Services. 2) Authorize the City City Council Meeting Page 5 Tuesday, November 6, 2001- 4:00 p.m. Administrative Officer to award and execute a contract with a qualified service provider for an amount not to exceed $75,000; motion carried 5:0. C19. PUBLIC SAFETY SYSTEM FILE SERVER REPLACEMENT. ACTION: Moved by Mulholland/Marx to approve supplemental funding for a replacement public safety system file server in the amount of $22,200 by: 1) Accelerating contract maintenance funding of $13,000 from the 2002 -03 Police operating budget and that will no longer be needed due to savings from the proposed replacement and transferring it to this project. 2) Transferring $9,200 in available funding from the 1016 Walnut Police Station Improvement Project; motion carried 5:0. C20. MANAGEMENT COMPENSATION. ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9247 (Series 2001) revising the Management for Pay Performance System; motion carried 5:0. BUSINESS ITEM 1. PARKS AND RECREATION COMMISSION RECOMMENDATION FOR THE COMMUNITY CENTER RELOCATION REQUEST. Parks and Recreation Director Le Sage and Parks and Recreation Commission Vice Chair Dunan presented the report Public Comments Mary Beth Schroeder. 2085 Wilding, voiced objections to the Parks and Recreation Commission recommendations and reiterated her desire to see a seniors center at 1341 Nipomo Street. She asserted that a community center belongs at the Damon Garcia Sports Fields and argued that the town does not need a therapy pool. —end of public comments— Council comments followed commending Ms. Schroeder for her efforts on behalf of local seniors. In response to Council inquiry, Parks and Recreation Director LeSage reported that staff is pursuing opportunities to get grant funding. He noted that the problem with grants will be coming up with matching funds. ACTION: Moved by Ewan/Marx to approve the recommendations of the Parks and Recreation Committee: 1) Add Emerson Park as a location to be investigated when selecting a site for a future Community Center/Therapy Pool. 2) Reaffirm the concept of a multi - generational facility for the Community Center, with the Therapy Pool as an integral part of the project. 3) Determine that if the Parks and Recreation Department Administrative Office is ever relocated, it not be to a site that displaces existing recreation activities. 4) Thank and commend Mary Beth Schroeder for her work in keeping the community aware of the need for senior recreation facilities; motion carried 5:0. City Council Meeting Page 6 Tuesday, November 6,2001- 4:00 p.m. PUBLIC HEARINGS 2. Transit Manager O'Dell and Public Works Director McCluskey presented the staff report. Mayor Settle opened the public hearing. Richie Ray Walker. 28 La Entrada, complained about bus schedules, bus routes and asserted that the buses are never on time. He was referred to the Mass Transportation Committee. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Mulholland to: 1) Conduct a public hearing to review the Transit Program of Projects for 2000 -01. 2) Adopt Resolution No. 9248 (2001 Series) authorizing the Public Works Director to apply for a grant from the Federal Transit Administration In the amount of $1,318,000; motion carried 5:0. 3. Associate Planner Hook presented the staff report. Mayor Settle.opened the public hearing. Spealdng in support of the Human Relations Commission's recommendations for priorities and expressing appreciation for past funding support: Michael Passarelli and Floyd Butterfield, Food Bank Coalition Scott Smith, Peoples Self Help Housing, 3533 Emple Street Mayor Settle closed the public hearing. Brief Council comments followed. Council Member Mulholland expressed a desire to see a higher priority for childcare. Council Member Schwartz reiterated concerns that the City is not funded as a social service agency and suggested that the Human Relations Commission be reminded of what can be done with this type of funding and with the amounts available. Vice Mayor Ewan concurred and added that pressure should remain on the County to provide needed social services. Council Member Schwartz pointed out that no other city In the County has either a housing authority or homeless shelter. Housing Authority Director Movlan confirmed that the only other city that provides assistance with housing is Paso Robles, although the SLO Housing Authority administers the program, he added. 1 ACTION: Moved by Ewan/Mulholland to affirm the Community Development Block Grant funding priorities for the 2002 Community Development Block Grant Program as recommended by the Human Relations Commission; motion carried 5:0. i City Council Meeting Page 7 Tuesday, November 6,2001- 4:00 p.m. 1 4. Utilities Director Moss and Water Projects Manager Pierce presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Mulholland to introduce Ordinance No. 1403 (2001 Series) adding section 13.24 to the City Municipal Code mandating the use of recycled water when it is available for delivery to the property and appropriate for the intended use; motion carried 5:0. Mayor called a break at 5:33 p.m. Meeting resumed at 7:00 p.m. PRESENTATIONS PROCLAMATION NAMING ANNE CANDELARIA'AS THE POET LAUREATE FOR THE CITY OF SAN LUIS OBISPO YEAR 2002. Mayor Settle presented a proclamation to Anne Candelaria declaring that she is the 2002 Poet Laureate for the City of San Luis Obispo who graced those present with the reading of her poem, entitled "Halloween 1998 — on the occasion of John Glenn's second flight in space." i PUBLIC COMMENTS Dave Romero, 2057 Skylark, expressed concern about the Foothill Bridge, possible failure of the culvert, and offered an alternative. City Administrative Officer Hamaian reported that a staff report with recommendations is forthcoming at the November 20, 2001 meeting and indicated that staff will review and comment on his suggestion. Sifu Kelvin Harrison. San Luis Obipso resident, reiterated claims of harassment and discrimination. 7:00 P.M. PUBLIC HEARINGS 5. DETERMINATION OF NEED ANALYSIS FOR CONSIDERATION OF APPLICATION OF FIVE CITIES CAB TO OPERATE TAXI SERVICE IN SAN LUIS OBISPO. Public Works Director McCluskey and Transit Manager O'Dell presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9249 (2001 Series) accepting the application of Five Cities Cab Company to operate taxi service in the City of San Luis Obispo on a one -year trial basis; motion carried 5:0. City Council Meeting Page 8 Tuesday, November 6, 2001- 4:00 p.m. 6. ADOPTION OF DESIGN GUIDELINES FOR LARGE -SCALE RETAIL PROJECTS. Associate Planner Ricci presented the staff report. Consultant Crawford and Architectural Review Commission Chairperson Stevenson were on hand to assist in responding to questions from the Council. Mayor Settle opened the public hearing. Speaking in support of the recommendations: Andrew Merrian, municipal advocate representing COSTCO, 4334 Wavertree Andrew Carter, 1283 Woodside Drive Patricia Wilmore, SLO Chamber of Commerce Pamela Marshall Heatherington, Executive Director of ECOSLO Mayor Settle closed the public hearing. Council questions followed to staff, consultant and the Architectural Review Commissioon Chairperson. Council Member Schwartz proposed that the sentence, 'Building walls should generally be parallel to adjoining streets." be eliminated. He was concerned that this provision would preclude the use of other creative designs. There were no objections to deleting the sentence. Council Member Schwartz also objected to the particular design demonstrated in Figure 10. The consultant agreed to select another graphic for the final draft of the guidelines. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9250 (2001 Series) approving design guidelines for large -scale retail projects as recommended by the Architectural Review Commission and give direction to staff /commission to incorporate into the final draft the comments made by the Council; motion carried 5:0. Break called at 8:20 p.m. The meeting resumed at 8:27 p.m. 7. CONSIDERATION OF ORDINANCES RELATIVE TO SIZE LIMITATIONS FOR LARGE RETAIL USES; TA 29-01. Associate Planner Shoals presented the staff report. Mayor Settle opened the public hearing. Andrew Merriam, municipal advocate representing Costco, introduced members of the Costco development team: Ken McKentley, Greg Vena and Todd Bartok; all present to respond to questions. Speaking in support of adopting the ordinance: Andrew Carter, 1283 Woodside Drive (encouraged reducing the parking ratio to 1:250). Pamela Marshall Heatherington, Executive Director of ECOSLO Randy Poltl, 655 Islay Street Speaking in opposition to adoption of the ordinance: City Council Meeting Page 9 Tuesday, November 6, 2001- 4:00 p.m. ' Lee Ferrero, Private Industry Council Gary Fowler, TT7 Mill Street Dave Romero, 2057 Skylark Unidentified speaker Cynthia Boche, no address provided Patricia Wilmore, SLO Chamber of Commerce (urged Council to approve Alternative #3) Mayor Settle closed the public hearing. Stephen Peterson, Chairperson of Planning Commission, provided additional insight to recommendations as they relate to the Neighborhood Commercial zoning district, parking standards, and gross floor area. He reported that the Planning Commission had conducted five public hearings, received extensive public input and then voted to support the adoption of the ordinance. He emphasized that no type of store is prohibited under the ordinance and asserted that the provisions will work nicely with the design standards. In response to inquiry from Council Member Mulholland he stated that the Planning Commission would not have a problem with reducing parking to 1:250 as It would not conflict with the intent of the ordinance. Lengthy Council debate followed. Vice Mayor Ewan spoke in support of the ordinance, but proposed that the Council consider increasing the size limit from 110,000 to 120,000 sq. ft., reducing the parking ratio from 1:300 to 1:250, and further, to eliminate the "pipeline" provisions outlined in Draft Ordinance B. He emphasized that total footprint is what is Important and concluded that Costco could be accommodated with this proposal. Council Member Mulholland Indicated that she would support the elimination of the "pipeline" provision, noting that she was having difficulty with making an exception for the only application pending. Council Member Marx suggested that Council consider a 15% incentive for stacking, instead of 25 0/6, which would allow a 138,000 sq. ft. building (total building footprint = 80,000 sq. ft.). Council Member Mulholland asserted that she would prefer this proposal. Council Member Schwartz and Mayor Settle expressed equally concerns about how effective adopting this ordinance would be, particularly if the Dalidio family develops their property within the County (rather than in the City). Mayor Settle emphasized that the ordinance, if approved, would only encourage development to take place outside the city limits and exclude the pending Costco project. He asked representatives from Costco if they could live with a 120,000 sq. ft. size limitation. Todd Bartok, Development Manager for Costco, indicated that he did not have the authority to respond. He argued that the information provided by Chris Ivey to the Council (and Included in the agenda packet) was not correct.. Many of the stores highlighted in the information have been remodeled, relocated or expanded, he said. Greg Vena added that only three out of the thirty-four stores noted are actually smaller than 120,000, and those were experimental. He concluded that Costco has found that smaller stores have not done well and that they will be expanded to the current concept, which is 148,000 sq. ft. Mayor Settle speculated that the intent of the ordinance could be compromised by the development of component stores next door. He urged his colleagues to postpone taking action until more information Is available on how the Dalidio family decides to develop the City Council Meeting Tuesday, November 6,2001- 4:00 p.m. Page 10 property. Council Member Schwartz agreed, adding that adopting the ordinance will create one more stumbling block in negotiations with the Dalidios. Council Member Mulholland asked staff if the exemptions proposed for existing businesses would create a legal non - conforming status. City Attorney Jorgensen explained that existing businesses that might want to expand might not be able to under the new ordinance. Community Development Director Mandeville clarified that if the Council provides an exception for those stores already in existence, then they will not become non- conforming. Moved by Schwartz/Settle to accept the staff report but postpone adoption; motion failed 2:3 (Marx, Mulholland, Ewan opposed). Moved by Marx/Mulholland to adopt the City Administrative Officer's recommendation relative to Draft Ordinance A, maintaining the 110,000 sq. ft. limitation but increasing the incentive to 30% instead of 25% for a total of 135,000 sq. ft., and take out the word "strict" as it relates to "in compliance with ", to change the parking ratio to 1:250; and to eliminate the pipeline provision in Draft Ordinance B; motion failed 2:3 (Ewan, Schwartz, Settle opposed). ACTION: Moved by Mulholland/Marx to introduce Ordinance No. 1404 (2001 Series), as amended (by changing the size limit to 120,000 sq. ft., with a 20% incentive (resulting in a maximum building footprint of 80,000 sq. ft.; changing the parking ratio to 1:250, eliminating the word "strict" and eliminating exceptions for "pipeline projects "), by amending the Zoning Regulations to set building size limits on large -scale retail establishments In all commercial zoning districts, with exceptions for existing retail establishments; motion carried 3.2 (Settle, Schwartz). Note: Two ordinances were presented by staff for adoption. With the action taken by the Council, only one ordinance was necessary. B. SPECIAL EVENT FEES. Recreation Manager Fitzgerald presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Ewan/Marx to adopt Resolution No. 9251 (2001 Series) to establish fees and costs for special events and including: 1) Eliminate the $10,000 cap for non - commercial special events for all sponsor -paid costs above the $1,000 deductible. 2) Continue the Special Event Application fee of $50, and include the fee in the City's Master Fee Schedule for purposes of annual review; motion carried 5:0. COUNCIL LIAISON REPORTS None provided. COMMUNICATIONS Council Member Mulholland mentioned a communication from the Centerpoint Theater Group requesting assistance regarding their lease with Greyhound. Staff reported that a letter from the Mayor indicating Council support had been sent. Council Member Schwartz noted that he has also sent a personal letter in support. City Council Meeting Page 11 Tuesday, November 6, 2001- 4:00 p.m. Mayor Settle indicated that he will urge the League of California Cities to strongly speak out against the potential reduction of vehicle license fees. Council Member Schwartz stressed the need to examine ways to improve the City's revenue stream. There being no further business to come before the City Council, Ma or a adjourned the meeting at 10:50 p.m. to Tuesday, November 20, 2Q01 atA:00 p.rtyJ) the Cou Icil Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 11/20/01 LP:mk 1 1 Lee Price, C.M.C. City Clerk