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11/20/20011 . MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 20, 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; Ron Whisenand, Deputy Directory of Community Development - Development Review; 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; Jeff Hook, Associate Planner; Ron Munds, Utilities Conservation Coordinator; David Hix, Waste Water Division Manager; Jay Walter, City Engineer. Santa Maria Fire Chief Frank Ortiz presented a resolution of appreciation to the San Luis Obispo Fire Department for mutual aid and assistance on June 181' in the City of Santa Maria. Chief Ortiz presented City of Santa Maria adopted Resolution commending all cities Including City of SLO and Chief Neuman — personal thanks to Tom Zuelner for leading SLO County Strike team thru critical final phases of the fire. Presented resolution to Bob Neumann. Bill Worrell of the Integrated Waste Management Authority presented a plaque to the City of San Luis Obispo for achieving 50% reduction in solid waste by the year 2000. Mayor Settle accepted on behalf of the City. Mayor Settle presented a proclamation to Police Chief Jim Gardiner recognizing his Induction into the Richard E. Lamunyon Law Enforcement Torch Rune Hall of Fame for the Special Olympics. PUBLIC COMMENT Sifu Kelvin Harrison reiterated claims of harassment and discrimination. 1 Mary Beth Schroeder, 2085 Wilding Lane, repeated hopes that a new Senior Center could be located at 1341 Nipomo. City Council Meeting Tuesday, November 20, 2001 - 7:00 p.m. Page 2 Willow Kelly, San Luis Obispo citizen, expressed concerns regarding a lack of night time bus service. She also complained that there are no trash receptacles or benches along the Orcutt walking path. Staff agreed to investigate and pursue the placement of trash receptacles and benches along the City's bike paths, as appropriate. CONSENT AGENDA Council Member Marx pulled Item C4 for discussion. Staff responded to questions from Council Member Mulholland regarding Item C6 and Item C8. ACTION: Moved by Mulholland/Ewan to approve the consent calendar, with exception of Item C4; motion carried 5:0. C1. MINUTES OF TUESDAY OCTOBER 29.2001 AND NOVEMBER 6.2001. C2. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as amended; motion carried 5:0. Staff noted there was an amended graphic. ACTION: Moved by Mulholland/Ewan to grant final adoption of Ordinance No. 1402 (2001 series) as amended; motion carried 5:0. C3. Public Comment: Mary Beth Schroeder encouraged the Council to stimulate water resources but not by the use of recycled water because she believes it will lead to more growth. ACTION: Moved by Mulholland/Ewan to grant final adoption of Ordinance 1403 (2001 series); motion carried 5:0. C4. Council Member Marx pulled Item C4 for discussion. See page ? ?? for discussion and action. C5. UTILITY TRENCH REPAIR — WINTER 2002. ACTION: Moved by Mulholland/Ewan to: 1) Approve specifications for "Utility Trench Repair — Winter 2002, Specification No. 90228." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract to the lowest responsible bidder within the engineer's estimate of $88,000. 4) Approve a budget transfer of $96,800 Into the Utility Trench Repair — Winter 2002 project account; motion carried 5:0. City Council Meeting Page 3 Tuesday, November 20, 2001 - 7:00 p.m. C6. OLIVE -FIG AND MORRO STREET ABANDONMENT — REQUEST FROM APPLICANT FOR A TIME EXTENSION TO COMPLETE CONDITIONS OF THE ABANDONMENT RESOLUTION. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9253 ( 2001 Series) approving a one -year time extension to complete Conditions D and E of the Olive and Morro Streets Abandonment per Resolution No. 9132 (2000 Series); motion carried 5:0. C7. C8. 1. ACTION: Moved by Mulholland/Ewan to adopt Resolution Nos. 9254.9255.9256 and 9257 (2001 Series) approving Mills Act historic preservation contracts for properties located at 1212 Garden Street, 642 Monterey Street, 1720 Johnson Avenue, and 1428 Nipomo Street; motion carried 5:0. ACTION: Moved by Mulholland/Ewan to: 1) Appropriate an additional $80,000 ($40,000 San Luis Obispo Council of Governments grant, $30,000 County, $10,000 in unappropriated Transportation Impact Fees) for the project budget bringing the total budget to $200,000. 2) Authorize the City Administrative Officer to award and execute a contract with Dokken Engineering of Rancho Cordova, California in an amount not to exceed $189,000 to produce the Project Study Report; motion carried 5:0. Council asked staff to provide a list of all the alternatives being considered as part of the LOVR -US 101 interchange PSR -PDS, even if they are eventually dropped from consideration. The list should contain the reasons why they were not considered. PUBLIC HEARINGS MUSEUM. Mayor Settle, at staffs request, continued the Item to December 11, 2001 for the purpose of consolidating two requests for General Plan Amendments. ACTION: Moved by Schwartz/Marx to continue the public hearing until December 11, 2001; motion carried 5:0. 2. NOMINATION OF PROPERTY AT 2030 JOHNSON AVENUE TO THE CONTRIBUTING PROPERTIES LIST. Associate Planner Hook presented the staff report and responded to questions from Council. 1 Mayor Settle opened the public hearing. City Council Meeting Page 4 Tuesday, November 20, 2001 - 7:00 p.m. Dan Carpenter, 2030 Johnson Avenue, provided background information and indicated support for the recommendation to Include the property on the contributing properties list. Mayor Settle closed the public hearing. Brief Council questions to staff followed. ACTION: Moved by Mulholland/Marx to: adopt Resolution No. 9258 (2001 series) adding the property to the Contributing Properties List of Historic Resources; motion carried 5:0. 3. Utilities Conservation Coordinator Munds presented the staff report. 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. 9258 (2001 series) Increasing solid waste rates by 3.92% for interim year 2002 to become effective on January 1, 2002; motion carried 5:0. BUSINESS ITEMS 4. WATER USE OFFSET PROGRAM ALTERNATIVES. Utilities Director Moss introduced the item. Utilities Conservation Coordinator Munds presented the staff report and responded to questions from the Council. Public Comments: Scott Lathrop. 1619 LaVineda (representing the Church of Christ on Lawton), indicated that he is searching for sixteen toilets to retrofit, otherwise their only alternative is to wait until January 1, 2002 to pull the permit. He asked for some flexibility to avoid delay. Deputy Director of Community Development Whisenand indicated that projects in the process will get an offset credit of 150 for retrofitting they have done so far, but others that pull permits after January 1, 2002 will have to pay the full Impact fee. Steve Barasch. Sae Luis Obispo resident, asked if retrofit credits can be carried over. Utilities Conservation Coordinator Munds explained that you can't bank credits without a project. — end of public comments — ACTION: Moved by Mulholland/Marx to: 1) Terminate the Water Use Offset Program as of January 1, 2002 as previously directed. 2) Do not implement a new water use offset program for land development at this time. 3) Direct staff to continue to research and develop new water efficiency programs In the Utilities Conservation Office for implementation in the future as appropriate; motion carried 5:0. 5. APPEAL OF ADMINISTRATIVE DECISION TO DENY A WAIVER OF SEWER IMPACT ' 1 — end of public comments— Brief Council discussion followed regarding lease or purchase of the Bailey bridges. City Attorney Jorgensen suggested that the Council give staff the discretion to buy or rent City Administrative Officer Hampian indicated that staff will explore all options, including a lease-purchase arrangement with Bailey Bridge. ACTION: Moved by Mulholland/Schwartz to: 1) In an amount not.to exceed $260,000 total, authorize the City Administrative Officer to (a) make a. sole source rental/purchaseflease purchase as determined by staff of two temporary pre- fabricated bridges for two -way traffic from Bailey Bridge ($210,000);and (b) purchase a pedestrian/bicycle bridge form either Steadfast or Continental Bridge based on delivery timing ($50,000). 2) Authorize the City Administrative Officer to advertise for bids for a contractor to install (and subsequently remove) the three temporary bridges and authorize the City Administrative Officer to award the contract if within the estimated cost of $150,000.3) Authorize staff to advertise for bid line the culvert inverts if permits and environmental clearance can be obtained and authorize the City Administrative Officer to award the contract If the bids are within the estimated cost of $50,000. 4) Allocate $460,000 In order to install culvert lining and temporary, pre- fabricated bridges where Foothill crosses Stenner Creek to be funded as follows: $50,000 form the Mountain pedestrian Bridge Project account; and $410,000 form the unreserved General Fund balance; motion carried 5:0. City Council Meeting Page 5 Tuesday, November 20, 2001 - 7:00 p.m. FEES FOR 175 AND 189 SERRANO HEIGHTS. Waste Water Division Manager Hix presented the staff report and responded to brief questions by the Council. The appellant was not present. (Appellant arrived later, see page 6). There were no public comments. ACTION: Moved by Mulholland/Marx to deny a request for waiver of sewer impact fees from Gregg Rennick for the properties of 175 and 189 Serrano Heights; motion carried 5:0. 6. TEMPORARY REPAIRIREPLACEMENT OF THE FOOTHILL BRIDGE AT STENNER CREEK. Public Works Director McCluskev and City Engineer Walter presented the staff report Council questions followed. Public Comments: Dave Romero, 2057 Skylark Lane, Indicated that he believes that there will be pavement failure within the next two years and suggested that, although he agrees with the recommendation to put in the Bailey bridges, In the long run it will be quicker to replace the culverts. He added that he hopes that that option is still being considered by staff and consultants. Mr. Romero also voiced concern about the cost of putting in a pedestrian/bike bridge and proposed that the Council consider not buying it now. Andrew Carter, 1283 Woodside Drive, wondered if it would be wise to prohibit left lanes from Stenner Glen and the hospital area. He encouraged the Council to provide for ' pedestrian and bicycle traffic. Lastly, he suggested signage might be appropriate to warn people that the bridge may be subject failure. 1 — end of public comments— Brief Council discussion followed regarding lease or purchase of the Bailey bridges. City Attorney Jorgensen suggested that the Council give staff the discretion to buy or rent City Administrative Officer Hampian indicated that staff will explore all options, including a lease-purchase arrangement with Bailey Bridge. ACTION: Moved by Mulholland/Schwartz to: 1) In an amount not.to exceed $260,000 total, authorize the City Administrative Officer to (a) make a. sole source rental/purchaseflease purchase as determined by staff of two temporary pre- fabricated bridges for two -way traffic from Bailey Bridge ($210,000);and (b) purchase a pedestrian/bicycle bridge form either Steadfast or Continental Bridge based on delivery timing ($50,000). 2) Authorize the City Administrative Officer to advertise for bids for a contractor to install (and subsequently remove) the three temporary bridges and authorize the City Administrative Officer to award the contract if within the estimated cost of $150,000.3) Authorize staff to advertise for bid line the culvert inverts if permits and environmental clearance can be obtained and authorize the City Administrative Officer to award the contract If the bids are within the estimated cost of $50,000. 4) Allocate $460,000 In order to install culvert lining and temporary, pre- fabricated bridges where Foothill crosses Stenner Creek to be funded as follows: $50,000 form the Mountain pedestrian Bridge Project account; and $410,000 form the unreserved General Fund balance; motion carried 5:0. City Council Meeting Page 6 Tuesday, November 20, 2001 - 7:00 p.m. Staff agreed to develop, in cooperation with Cal Poly, a public Information strategy no later than mid - December. 1 Mr. Rennick, 175 Serrano Heights, appeared to provide testimony regarding his appeal (Item #5, previous page). He clarified that the leach field needs to be increased In capacity and that he and his neighbor want to connect to City sewer, which is three hundred feet away. He added that he was not asking for the fee to be waived but rather that the City work with him financially to make payments over time. Break called at 8:45 p.m. Meeting resumed at 9:00 p.m. C4. FINAL ADOPTION OF ORDINANCE NO. 1404 (2001 SERIES) RELATIVE TO SIZE LIMITATIONS FOR LARGE -SCALE RETAIL USES: TA 29-01. Council Member Marx reported that she pulled the item for discussion because of new, significant information regarding the Costoo application. She indicated that she had not previously been aware that Costoo would consider pulling the project out of the City and into the County. She noted that she Is proud of the ordinance, would like to adopt it tonight on second reading as it exists and ask staff to put on the agenda the pipeline exemption (Exhibit B from November 6, 2001) for reconsideration and approval as a separate ordinance. In support of her recommendation, Council Member Marx put up a map to demonstrate geographical connections in the area and a chart outlining the "pros and cons" of allowing Costoo to develop in the County verses the City. Council Member Mulholland explained that she would be willing to reconsider the matter but only if discussion once again focuses on a 110,000 sq. ft. cap. Without that cap, there Is no longer a compromise, she added. City Attorney Jorgensen provided procedural options for the Council, which would be to adopt the ordinance as it is or deny final passage. He advised that, if there a majority of the Council that supports the 120,000 sq. tL limit and other provisions of the ordinance, the Council adopt it on second reading and direct staff to bring back another ordinance relevant to the pipeline Issue at a noticed public hearing. Staff could bring It back December 4, 2001, he concluded. Vice Mayor Ewan agreed to support Council Member Marx's recommendation. Council Member Schwartz spoke in opposition to the ordinance. He asked staff to put up a map of where in the community large retail stores could be built if an ordinance is not approved. He noted that the Dalidio and "the Gap" properties are not within the City limits and argued that the only properties the City has control over are the Froom Ranch, Madonna Plaza and the Promenade. Additionally, Council Member Schwartz displayed the plan for the Froom Ranch development to demonstrate cones of visions from Los Osos Valley Road of the proposed Costoo and Home Depot. He argued that the stores are not that large and expressed concerns about the loss of retail sales tax revenues. In closing, Council Member Schwartz proposed that, even though he still disagrees with the concept of the ordinance, the cap be increased to 140,000 sq.ft. so it will remove any non - conforming Issues, won't Impact the Costoo project, and will allow enough flexibility for planning large ■ retail store. Significant Council debate followed. City Council Meeting Tuesday, November 20, 2001 - 7:00 p.m. ' Public Comments: Speaking in opposition to adopting an ordinance limiting the size of large retaih. Steve Barasch, 225 Prado Road Dave Romero, 2057 Skylark Paul Dahan, 397 Madonna Road Leonard Milstein, local businessman Gary Fowler, 777 Mill Street Lance Parker, 1108 Poppy Lane 1 1 a Page 7 City Council Meeting Page 8 Tuesday, November 20, 2001 - 7:00 p.m. Mary Beth Schroeder. 2085 Wilding Lane, spoke In support of adopting the ordinance. Andrew Carter. 1283 Woodside Drive, urged the Council to reach a decision and added that the bigger majority that can be reached will add to greater Influence when negotiating with the County. —end of public testimony— Motion by Schwartz/Ewan to deny adoption of the current proposed ordinance and direct staff to bring back another ordinance on 1214 that would Include provisions relevant to Neighborhood Commercial (CN), Retail Commercial (CR), Service Commercial (CS) zones as was in the original ordinance, maintain the 1:250 parking requirement but change the cap to 140,000 sq ft. with no bonus; motion carried 4:1, Mulholland. COUNCIL LIAISON REPORT Council Member Mulholland gave an update of the San Luis Obispo County Water Resources Committee meeting of November 7, 2001. Council Member Mulholland reported on the Human Relations Commission meeting of November 7, 2001. Council Member Mulholland reviewed the Bicycle Advisory Committee meeting of November 15, 2001. Council Member Schwartz presented an update of the November 7, 2001 San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority meetings. Vice Mayor Ewan discussed the Air Pollution Control District meeting of November 19, 2001. Council Member Marx summarized the Economic Opportunity Commission meeting of November 15, 2001. Council Member Marx presented an overview of the Downtown Association meeting of November 13, 2001. Council-Member Marx advised Council Members to consider Council committee assignments for 2002. COMMUNICATIONS Mayor Settle commented on City Administrative Officer Hampian's Non - Residential Growth Rate memo (on file In the Office of the City Clerk). Council discussion followed. Council directed staff to bring back in March 2002, as part of the Annual General Plan Report, a report on the latest non - residential growth rate, a report on the status of development activity, and an outline and discussion about tools to control growth. Community Development Director Mandeville reported that the Environmental Impact Report for the Orcutt Area Specific Plan is about to be launched. 1 City Council Meeting Tuesday, November 20, 2001 - 7:00 p.m. Page 9 There being no further business to come before the City Council, Mayor adjourned the ' meeting at 11:13 p.m. to Tuesday, November 271' at 12:00 r oon irk the � ring oom, 990 Palm Street, San Luis Obispo. /J APPROVED BY COUNCIL: 1214101 LP:mk L 1 Lee PHdd, City Clerk