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12/11/2001MINUTES 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 City Council Meeting Page 2 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. 1 1 1 City Council Meeting Tuesday, December 11, 2001 - 4:00 p.m. 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. City Council Meeting 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 City Council Meeting 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 City Council Meeting page 6 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 1 City Council Meeting 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. City Council Meeting Page 8 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 City Council Meeting Page 9 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 City Council Meeting Page 10 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 LP:mk [7