HomeMy WebLinkAbout12/11/2001MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 11, 2001 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members, John Ewan, Christine Mulholland, Ken Schwartz,
Vice Mayor Jan Howell Marx, 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 Staffer, Finance Director; Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John
Moss, Utilities Director; Mike McCluskey, Public Works Director; Tim
Bochum, Deputy Public Works Director; Paul LeSage, Parks and
Recreation Director; Betsy DeJarnette, Assistant to the City
Administrative Officer; Austin O'Dell, Transportation Manager; Terry
Sanville, Transportation Planner; Whitney Mcllvaine, Associate
Planner; Michael Codron, Associate Planner; Shelly Stanwyck,
Economic Development Manager
CONSENT AGENDA
Vice Mayor Marx and Council Member Mulholland requested that their votes relating to Item
C6 be recorded as "noes ".
C1. STATE LOAN FOR MARSH STREET GARAGE EXPANSION.
ACTION: Moved by Marx/Mulholland to: 1) Adopt Resolution No. 9266 (2001 Series)
approving a loan with the State of California Infrastructure and Economic
Development Bank (CIEDB) to assist in financing the Marsh Street Garage
Expansion in the amount of $7,765,900 and authorizing the Director of Finance to
execute loan documents; 2) Approve revised project funding sources based on this
loan amount: $7,765,900 from the CIEDB loan and $991,500 from Parking Fund
working capital; motion carried 5:0.
C2. APPROVE PLANS AND SPECIFICATIONS FOR NEW SIDEWALK CONSTRUCTION
2001 -02, SPECIFICATION NO. 90262.
ACTION: Moved by MarxJMulholland to Award a contract in the amount of $92,047.50
to Maino Construction for "New Sidewalk Construction 2001 -02, Specification No.
90262;" motion carried 5:0
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Tuesday, December 11, 2001 - 4:00 p.m.
C3. MITCHELL PARK PLAYGROUND IMPROVEMENTS, SPECIFICATION NO. 99827.
ACTION: Moved by Marx/Mulholland to: 1) Reject all bids for "Mitchell Park
Playground, Specification No. 99827;" 2) Approve the revised plans and
specifications; 3) Authorize staff to re- advertise for bids; 4) Approve the transfer of
$54,080 from four completed project accounts to the project budget; 5) Appropriate
an additional $36,900 from the unappropriated balance of the Parkland Development
Fund; 6) Authorize the City Administrative Officer to award the construction
contract if the base bid plus accepted alternates are within $275,000; motion carried
5:0.
C4. REQUEST FOR PROPOSALS (RFP) REQUESTING ENVIRONMENTAL IMPACT
REPORT (EIR) CONSULTANT FOR THE COSTCO /FROOM RANCH DEVELOPMENT
(ER 173 -00).
ACTION: Moved by Marx/Mulholland to: A) Approve the workscope for
Environmental Impact Report (EIR) consultant services in connection with the
Costco project and authorize staff to proceed with sending out Request for
Proposal (RFP) documents to qualified consulting firms; B) Authorize the City
Administrative Officer to award the contract to a qualified consulting firm,
contingent upon the developer depositing with the City the amount of the contract
plus a 30% administrative fee; motion carried 5:0.
C5. APPROVE VEHICLE RELACEMENTS FOR 2001 -02.
ACTION: Moved by Marx/Mulholland to: 1) Approve acquisition by purchase order in
the amount of $126,719.33 to Folsom Lake Ford for replacement of six general -
purpose sedans and one special - purpose medium truck; 2) Approve acquisition by
purchase order in the amount of $124,590.78 to Lasher Auto Center for replacement
of one general- purpose passenger van, one general- purpose utility vehicle, two
general - purpose pickup trucks, and three special - purpose light trucks; 3) Approve .
acquisition by purchase order in the amount of $37,381.21 to Maita Chevrolet for
replacement of two general - purpose pickup trucks; motion carried 5:0.
C6. FINAL ADOPTION OF ORDINANCE NO. 1405 AMENDING CHAPTER 17 OF THE CITY
MUNICIPAL CODE (ZONING REGULATIONS) TO ESTABLISH MAXIMUM BUILDING
SIZE AND MAXIMUM PARKING. REQUIREMENTS FOR LARGE -SCALE RETAIL
ESTABLISHMENTS AND TO EXEMPT EXISTING LARGE RETAIL ESTABLISHMENTS
FROM THE SIZE LIMITATIONS (TA 29 -01).
ACTION: Moved by Marx/Mulholland to adopt Ordinance No. 1405 (2001 Series) on
second reading; motion carried 3:2, Marx, Mulholland.
C7. AUTHORIZE DONATION OF A SURPLUS FIRE TRUCK.
ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9267 (2001 Series)
authorizing the Fire Chief to proceed with the donation of the 1977 Mack Baker
Aerialscope Fire Truck to the City of La Paz, Mexico; motion carried 5:0.
Al. APPOINTMENT TO THE JACK HOUSE COMMITTEE.
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Page 3
ACTION: Moved by Ewan/Settle to appoint Mr. John Tishler to an unexpired term to
begin immediately and to expire on March 30, 2004; motion carried 5:0.
A2. APPOINTMENT OF STAFF REPRESENTATIVE FOR THE SAN LUIS OBISPO YOUTH
SPORTS ASSOCIATION.
ACTION: Moved by Settle /Mulholland to appoint Wendy George, Assistant City
Administrative Officer, to serve as an ex- officio (non - voting) member of the San Luis
Obispo Youth Sports Association replacing Ken Hampian, City Administrative
Officer. Paul LeSage, Parks and Recreation Director, will continue to serve as the
City's alternate; motion carried 5:0.
A3. COUNCIL SUBCOMMITTEE ASSIGNMENTS FOR 2002.
At the request of Vice Mayor Marx, Council briefly discussed the historical rotation of
Council representation on the Student Community Liaison Committee (SCLC). City Clerk
Price reported that SCLC by -laws indicate that the voting members are the Mayor, a Council
Representative and the Police Chief. There was majority support for maintaining the
current policy to rotate attendance at these meetings amongst the Council Members.
ACTION: Moved by Marx/Ewan to approve Council Liaison Subcommittee
assignments for calendar year 2002 as recommended; motion carried 5:0.
PUBLIC HEARINGS
1. EXPENDITURE OF LAW ENFORCEMENT GRANT FUNDS.
Management Assistant Bishop presented the staff report.
Mayor Settle opened the public hearing. There were no public comments. Mayor Settle
closed the public hearing.
ACTION: Motion by Mulholland /Settle to: 1) Approve an expenditure of $43,745 in
2001 State Technology Grant Funds from the California Law Enforcement
Equipment Program for the Mobile Digital Computer program as recommended by
the Chief of Police; 2) Adopt Resolution No. 9268 (2001 Series). rescinding 1996
Resolution Number 8604, and appointing members to the Local Law Enforcement
Block Grants Program Advisory Board; 3) Adopt Resolution No. 9269 (2001 Series)
approving an expenditure of $44,312 in 2001 Local Law Enforcement Block Grant
Funds, with a required local 1 /9th City match of $4,924 for the Mobile Digital
Computer program as recommended by the Chief of Police; and, 4) Amend the
project budget from $500,000 to $557,820 to reflect the revised funding sources;
motion carried 5:0.
2. FEDERAL TRANSIT GRANT FOR 2001 -02 — PUBLIC HEARING ON TRANSIT
PROGRAM OF PROJECTS FOR 2001 -02.
Transit Manager O'Dell presented the staff report.
Mayor Settle opened the public hearing. There were no comments. Mayor Settle closed the
public hearing.
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Tuesday, December 11, 2001 - 4:00 p.m.
Page 4
ACTION: Motion by Settle /Marx to: 1) Conduct a public hearing to review the transit
Program of Projects for 2001 -02; 2) Adopt Resolution No. 9270 (2001 Series)
authorizing the Public Works Director to apply for a grant from the Federal Transit
Administration in the amount of $807,000, motion carried 5:0.
BUSINESS ITEMS
3. COMPREHENSIVE ANNUAL FINANCIAL REPORT.
Finance Director Statler presented the summary of the report. Brief Council questions
followed. There were no public comments.
ACTION: Moved by Marx/Ewan to accept the Comprehensive Annual Financial
Report for 2000 -01; motion carried 5:0.
4. ROUTE PLANS FOR THE RAILROAD SAFETY TRAIL AND THE BOB JONES CITY -
TO-SEA BICYCLE TRAIL.
Principal Transportation Planner Sanville provided the introduction. Consultants Erik
Justesen and Mike Sherad (RRM Design Group) provided highlights of the project studies
and recommendations regarding routes for both trails. Principal Planner Sanville provided
background on the review of the routes by the Architectural Review Commission, Bicycle
Advisory Committee and Parks and Recreation Commission. City Administrative Officer
Hampian added that the Planning Commission had previously reviewed the Capital
Improvement Plan and made the necessary findings that the trails are consistent with the
General Plan and Circulation Element.
Public Comments:
Supporting the expansion of the trails and urging approval.
John Altman, 1027 Southwood Drive
Kathy Longacre, 341 Pier Street, Shell Beach
Mary Andrews, 1153 Islay
Greg Dillman, 1375 Pacific Street
Eric Ruzius, 1606 Santa Rosa
Vicki Backman, 1108 Polly, Tank Farm Road
Oxo Slaver, 3064 Rockview Place (SLO County Bicycle Coalition)
Phillip Norotny, 7557 Greta
Jean Anderson, 544 Pacific Street, Bicycle Advisory Committee Member
Ray Belknap, 70 Benton Way Land Conservancy
Mary Lou Johnson, Chair of the Bicycle Advisory Committee
Sheila Baker, no address provided
Josh Oleiczak, 2144 Price Street
—end of public comments —
Lengthy Council questions and debate ensued.
Council Member Schwartz proposed that both items be continued for additional review.
Council Member Ewan spoke In support of moving forward with the Railroad Safety Trail.
Vice Mayor Marx voiced concerns relevant to the Bob Jones City -to-Sea Trail and argued
that the alignment should have been reviewed by the Planning Commission. She
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Tuesday, December 11, 2001 - 4:00 p.m.
Page 5
recommended that the Council refer the Bob Jones City-to-Sea Trail to the Planning
Commission with direction that they look at the environmental impacts, especially as it
relates to bike paths in the creek setback. Council Member Mulholland agreed, but
recommended that the Council proceed with the Railroad Safety Trail.
ACTION: Moved by Ewan /Mulholland to adopt Resolution No 9271 (2001 Series)
approving the Mitigated Negative Declaration for the Railroad Safety Trail, as
amended to include the suggestions made by the Architectural Review Commission
and to refer the Bob Jones City-to-Sea Trail back to the Planning Commission;
motion carried 4:1, Schwartz.
5. SANTA ROSA PARK WIRELESS COMMUNICATION FACILITY.
Parks and Recreation Director LeSage and Associate Planner Mcllvaine presented the staff
report.
Public Comments:
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition claiming that facilities of this
type do not belong in City parks.
James Neville, Chairman of the Parks and Recreation Commission, spoke in support of the
recommendation.
—end of public comments—
ACTION: Moved by Marx/Ewan to: 1) Approve the concept of accepting park
improvements in lieu of rental fees as compensation to the City for allowing
wireless communication facilities to be located in City parks; and, 2) Authorize staff
to negotiate with service providers to place a wireless communication facility in
Santa Rosa Park, using the proposed lease requirements as a basis for
negotiations; motion carried 5:0.
Mayor Settle called a recess at 5:58 p.m. The meeting was reconvened at 7:05 p.m.
CLOSED SESSIONS
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code § 54957.6
Agency Negotiator: Ann Slate
Employee Organization San Luis Obispo Police
Staff Officers' Association
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code § 54957.6
Agency Negotiator: Ann Slate
Employee Organization: San Luis Obispo Police
Officers' Association
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation
Pursuant to Government Code § 54956.9
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Tuesday, December 11, 2001 - 4:00 p.m.
SLOPOA, etal, v. City of San Luis Obispo
City Attorney Jorgensen reported that three Closed Sessions were held and listed the three
items. No action was taken on Item #3, he added.
PRESENTATION
Bob Engel, Engel and Gray ( Biosolids Composting Contractor), presented the City with the
"Completing the Cycle Award" honoring the City for composting of biosolids.
PUBLIC COMMENTS
Jonni Biagaini, Visitors' Conference Bureau, presented to the Council new promotional
materials and gifts for inspiring tourism.
Gary Kibbe, 2138 King Street and parent of a Hawthorne Elementary School student,
expressed concern regarding the potential closure of the school and urged Council to
contact the School Board and urge reconsideration.
Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to the Council's action to
exempt existing large retail size stores from the "big box" ordinance.
PUBLIC HEARINGS (Continued)
6. CONSIDERATION OF AN ENVIRONMENTAL REVIEW AND AN AMENDMENT TO THE
HIGUERA COMMERCE PARK SPECIFIC PLAN TO ALLOW HEALTH CLUBS IN THE
SPECIAL INDUSTRIAL DISTRICT (SPA/ER 60-01); KENNEDY APPLICANT.
Associate Planner Codron and Economic Development Manager Stanwyck presented the
staff report.
Mayor Settle opened the public hearing.
Kevin Kennedy, Kennedy Club Fitness (applicant), provided background about the
purchase of the property. He explained that he was aware that there was contamination on
the site but the site plan was developed with that consideration. He spoke to the merits of
approving the project and noted that he very much would like to expand the business.
Bill Almis, 4592 Spanish Oaks Drive and representing Unocal, reported that the design is
consistent with others along Tank Farm Road. He voiced support for the project.
Dave Romero, 2057 Skylark Lane, spoke in support of the recommendation and added that
expansion of the fitness center will relieve some of the parking shortage downtown,
particularly at Court Street.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to development on this site.
Mayor Settle closed the public hearing.
Council Member Mulholland voiced concerns about the contamination and reported on
conversations she had with representatives from the Regional Water Quality Control Board,
the Fire Marshal, the Fire Chief and County staff. She urged her colleagues to delay
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Tuesday, December 11, 2001 - 4:00 p.m.
approval, gather more facts and consider in more detail the matters of parking and
annexation.
Page 7
Council Member Ewan argued that the specific plan contemplates the need to place the
building back in case there is ever a need to access the underground. He added that while
he agrees with Council Member Mulholland's concerns, he will vote to approve it.
Council Member Schwartz commented in favor of the plan and pointed out that the Plan
sets the building back off the street, which is preferred and more esthetically pleasing.
Mayor Settle and Vice Mayor Marx concurred.
ACTION: Moved by Ewan /Marx to adopt Resolution No. 9272 (2001 Series)
approving the proposed specific plan amendment and Mitigated Negative
Declaration; motion carried 4:1, Mulholland.
7. GENERAL PLAN AND ZONING CHANGES TO: A) AMEND THE GENERAL PLAN
LAND USE MAP AND ZONING MAP FROM SERVICES AND MANUFACTURING (CS-
PERTAIN TO THE WOODLAND DRIVE AREA (GP /R/ER 111 -01).
Associate Planner Hook presented the staff report.
Mayor Settle opened the public hearing.
Wendy Brown, 1865 Wilding Lane, asserted that the Specific Plan designation now on the
Woodland Drive property did not protect the neighborhood as one property owner of two
parcels was allowed to dedicate a lot to the City and build a single family home on the
other. She asked for some assurances that this will not happen again, that the Council
ensure the protection of the property and, further, to include neighbors in the process.
Karl Wittstrom, 31 Wellsow Road in Paso Robles (Bowden Ranch partner), reported that the
partners are trying to bring forward a project consistent with City rules and regulations and
pointed out that no exceptions have been requested. He commented that the project is
consistent with the neighborhood and, further, that he supports the staff recommendation
to prepare a development plan. In closing, he noted that the Planning Commission
recommendation to prepare a specific plan would require additional work with nothing
more to gain.
Mary Beth Schroeder, 2085 Wilding Lane, asked the Council to place the land in open space
and argued that the Bowden adobe should be preserved.
Frank DeMarco, 2084 Skylark Lane, asked City staff to differentiate between the
development plan and the specific plan. City Attorney Jorgensen provided the response.
Mr. DeMarco clarified that he is not opposed to development but is concerned that the area
be properly protected and that the developer be required to address all environmental
Issues. Staff indicated that the development plan process will provide those assurances.
Tom Miller, 1615 Woodland Drive, recommended that the Council take the advice of the
Planning Commission.
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Tuesday, December 11, 2001 - 4:00 p.m.
Margaret Stone, 1959 Fixlini Street, observed that the area is a watershed and argued that it
is not suitable for development of any kind. She urged the Council to preserve an
important habitat.
Mayor Settle closed the public hearing.
Council discussion followed. Council concurred to amend the text for the Woodland Drive
area to ensure that there shall be no further development of the property under
consideration until a development plan for the property is approved. In addition, the
Council directed that there shall be no piecemeal development of the Woodland Drive area
and that the property be given sufficient environmental review and protection.
ACTION: Moved by Mulholland /Ewan to: 1) Adopt Resolution No. 9273 (2001 Series)
and introduce Ordinance No. 1406 (2001 Series) to print that changes the General
Plan Land Use designation and zoning form Services and Manufacturing (CSS -H)
to Public (PF -H) for the Railroad Transportation Center and San Luis Obispo
Railroad Museum; 2) Amend the Land Use Element text to require preparation of a
development plan for the Woodland Drive area, as amended; motion carried 5:0.
BUSINESS ITEMS (Continued)
8. APPROVAL OF AN AMENDED MEMORANDUM OF UNDERSTANDING FOR COURT
STREET PROJECT AND PALM /MORRO PARKING /OFFICE STRUCTURE.
City Administrative Officer Hampian introduced the item. Economic Development Manager
Stanwyck presented background and an overview of the amended Memorandum of
Understanding (MOU).
Architect Mark Rawson and other members of the Copeland Team presented the design
concepts of the project. Consultant Allan Kotin, PCR Kotin, provided an overview of the
financial transactions proposed and summarized the commitments needed by both
developer and the City.. He commented that the City is fortunate to have a developer willing
and able to do this project, especially when developers are pulling out of projects all over
the country as the economy declines, particularly since the events of September 11"'.
Public Comments:
Speaking in support of the project and staffs recommendation to amend the MOU with the
Copelands:
Dave Romero, 2057 Skylark Lane
Ray Shearer, 261 Foothill Blvd.
Patricia Wilmore, Chamber of Commerce
Deborah Holley, Downtown Association Administrator
Mike Spangler, 664 Marsh Street
—end of public comments—
Council Member Mulholland voiced opposition to approving the amendment to the MOU
and to the project proposed for a variety of reasons, including the fact that a parking garage
in the area of Morro and Osos has not been in any of the City's plans to -date. Additionally,
she argued that other City goals are being pushed aside because of this project and its
need to be fast tracked. She disagreed that there is blight in the downtown, argued that
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Tuesday, December 11, 2001 - 4:00 p.m.
Court Street could be developed to meet a better need and asserted that the any sale of
public property should go out to open bid. In closing, she asserted that a process with
input from the public is needed to determine what residents want to see in the downtown.
Council comments in support of the project and the staffs recommendation followed.
ACTION: Moved by Ewan /Schwartz to approve an Amended Memorandum of
Understanding with Chinatown -Court Street Partners, which outlines the principles
for several property transactions, predominately the purchase and sale of publicly
and privately owned surface parking lots in Downtown San Luis Obispo; motion
carried 4:1, Mulholland.
9. AWARD OF CONTRACT TO CONSTRUCT THE DOWNTOWN TRANSIT TRANSFER
CENTER, SPECIFICATION NO. 99267.
Vice Mayor Marx reported that previously, when the Council considered this item, she
refrained due to a potential conflict of interest (business lease agreement on adjacent
property). She announced that she Is able to participate in the deliberations because she
no longer leases the property adjacent to the transit transfer center and, therefore, no
longer has a potential conflict of interest.
Public Works Director McCluskey presented the staff report and recommendation to
approve the project without the bid additives of restrooms and aesthetic improvements for
the intersection of Osos and Palm.
Public Comments:
Dave Romero, 2057 Skylark Lane, asked the Council to reconsider moving forward with this
project because it is temporary in nature. He pointed out that ten parking spaces will be
lost if approved. In closing, he urged the Council to install the intersection improvements
if it decides to proceed with the project.
–end of public comments—
Council questions to staff followed and debate ensued. Council agreed to approve the
contract without the restrooms but including the aesthetic improvements to the
intersection of Osos and Palm, thus increasing the contract amount to $831.468.
ACTION: Moved by Ewan /Mulholland to approve a contract with Burke Construction
to construct the Downtown Transit Transfer Center (Specification No. 99267) in the
amount of $831,468 and authorize the City Administrative Officer to execute the
contract; motion carried 5:0.
COUNCIL LIAISON REPORTS
Vice Mayor Marx provided a report on the Economic Opportunity Commission and gave an
update on the Homeless Shelter and Prado Day Center.
Vice Mayor Marx briefed Council on the Downtown Association Board meeting of December
11, 2001 and announced that a public workshop for the make over of Garden Street will be
held on December 12, 2001 at 7:00 p.m. in the Council Chamber at City Hall.
COMMUNICATIONS
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Tuesday, December 11, 2001 - 4:00 p.m.
Council Member Mulholland reported on the December 11, 2001 meeting of the Association of
Manufacturers and Distributors and the tour of Next Intent Inc., 865 Via Esteban.
Vice Mayor Marx announced that nominations for the Downtown Association's Beautification
Awards for 2001 are currently being accepted.
Vice Mayor Marx noted that the Prado Day Center is in need of donations.
Mayor Settle reported he will attend the League of California Cities Conference in Sacramento
December 18 -20, 2001.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:46 p.m. to Thursday, Decembe 20t 10 a.m n e Council Hearing Room,
990 Palm Street, San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 1122102
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