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HomeMy WebLinkAbout01/22/2002MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 22, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz, Tice 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 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; Peggy Mandeville, Transportation Associate, Keith Opalewski, Transportation Manager; Phil Dunsmore, Associate Planner; and Tim Bochum, Deputy Public Works Director PRESENTATION Mayor Settle presented a proclamation to Christine Pauley of POUNDS, declaring February 26, 2002, as "Spay Day USA." APPOINTMENT Utilities Director Moss introduced new employee, Doug Dowden, Water Conservation Technician for the Utilities Department PUBLIC COMMENT Dave Romero. 2057 Skylark Lane, stressed the Importance of developing the Dalldio project within City limits. He urged Council to resolve differences with the developer and proceed with the project Gary Fowler, 777 Mill Street, commented on the quality of an advertisement placed by the City in The Tribune. He also spoke in support of the promotion of Police Detective Ian Parkinson to the rank of Sergeant Bill Wilson, 1690 Southwood Drive, urged', Council to protect funding for the Damon - Garcia youth sports fields and not use the money for something else. (Letter on file In the Office of the City Clerk). City Council Meeting Tuesday, January 22, 2002 - 7:00 p.m. Page 2 Sifu Kelvin Bermina Harrison, San Luis Obispo resident, reiterated claims of harassment and discrimination. Andrew Carter, 1283 Woodside Drive, expressed concern regarding MTBE levels in local lakes and creeks. Pamela Marshall Heatherinaton, 864 Osos Street, urged Council to write a letter of support for the extension of the Monterey Bay National Marine Sanctuary to cover San Luis Obispo coastal areas. Council asked the City Attorney to review the request and prepare a letter of support. Mary Beth Schroeder, 2085 Wilding Lane, spoke against spending money on recreational Improvements on Highway 101 (Item C2) and urged Council to spend the money on improving senior facilities instead. She reiterated hopes that Council would reconsider locating the Senior Center to 1341 Nipomo. Additionally, she noted that the Dalidio property should remain in open space as opposed to being developed. CONSENT AGENDA ACTION: Moved by Mulholland/Ewan to approve the consent agenda with the exception of Item C6 as recommended by the City Administrative Officer; motion carried 5:0. (Note: Council Member Mulholland Indicated a "No" vote for Item C6). C1. MINUTES OF TUESDAY, DECEMBER 4, 11. AND 20.2001, AND JANUARY 8, 2002. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5:0. C2. FINAL LEASE AGREEMENT FOR THE EL CHORRO REGIONAL PARK SOFTBALL FIELDS. C3. C4. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9279 (2002 Series) approving an agreement with the County of San Luis Obispo to cover the improvements to, and subsequent operation of, the El Chorro Regional Park Softball Fields; motion carried 5:0. ACTION: Moved by Mulholland/Ewan to adopt Resolution Nos. 9280 and 9286 (2002 Series) authorizing staff to complete and submit an application for grant monles in the amount of $250,000 from the State Riparian and Riverine Habitat Program and $700,000 from the State Water Resources Control Board, which would be used in support of the acquisition of, and (following acquisition) water quality Improvements on, the Ahearn property at Stagecoach Road and Highway 101; motion carried 5:0. CAPITAL IMPROVEMENT PROJECTS APPROPRIATE FOR PUBLIC ART 2001 -2003. f7 F� City Council Meeting Page 3 Tuesday, January 22, 2002 - 7:00 p.m. ACTION: Moved by Mulholland/Ewan to approve staff recommendation that public art funding in the amounts Indicated be Included in the following Capital Improvement Plan projects scheduled for the 2001 -2003 fiscal years: City Hall Downtown Transit Center ($19,000), Railroad Museum Round -About ($19,000), Recreation Center Remodel ($18,500), Santa Rosa Park Renovations ($18,500), Metal Fish Sculpture ($1,100); motion carried 5:0. C5. POLICE FACILITY MASTER PLAN CONSULTANT, SPECIFICATION NO. 90216. ACTION: Moved by Mulholland/Ewan to approve a Request for Proposals (RFP) for consultant services to develop a facilities master plan for the Police Department and authorize contract award by the City Administrative Officer if the proposed contract amount is less than $50,000; motion carried 5:0. C6. ENDORSEMENT OF PROPOSITION 42, THE TRANSPORTATION CONGESTION IMPROVEMENT ACT. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9281 (2002 series) endorsing Proposition 42, The Transportation Congestion Improvement Act, which will appear on the March 5, 2002 statewide ballot; motion carried 4:1, Mulholland. C7. VEHICLE FOR STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (SNAP). ACTION: Moved by Mulholland/Ewan to approve retention of unmarked surplus City vehicle for use by the Student Neighborhood Assistance Program through 2003; motion carried 5:0. PUBLIC LI HEARINGS 1. ORDINANCE AMENDING THE CITY'S ELECTION CAMPAIGN REGULATIONS. City Clerk Price , City Attorney Jorgensen and Chairperson Sigurdson presented the report. Council Member Schwartz suggested that the definition of "campaign signs" be amended by adding "college" to ensure that the regulations would apply to both Cuesta Junior College and Cal Poly State University. There were no objections to the minor revision. 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. 1407 (2002 Series), as amended; motion carried 5:0. 2. AUGUSTA STREET NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) PLAN. Council Member Ewan stepped down due a potential conflict of interest (resides in the neighborhood). Transportation Associate Mandeville presented the staff report and recommended adoption of the NTM, which calls for the installation of three speed tables on Augusta Street. Mayor Settle opened the public hearing. City Council Meeting Tuesday, January 22, 2002 - 7:00 p.m. Speaking In support of the recommendation: Andrew Carter, 1283 Woodside Drive Terry Monell. 1293 San Mateo Michael Marter. 2293 Augusta Street Speaking In opposition to the recommendation: Dorothy Manthi, 2583 Greta Place Sue Fiscalini, 1269 San Mateo Drive Mary Beth Schroeder, 2085 Wilding Lane Page 4 Gary Fowler, 777 Mill, inquired what the costs would be for installing the speed bumps and asked if the bumps would be striped. Transportation Associate Mandeville stated that costs would be $5,600 for installation and that stripes would not be used. Mayor Settle closed the public hearing. Public Works Director McCiuskey addressed questions from the public. Deputy Public Works Director Bochum noted that typically there were 2,000 -3,000 daily trips on Augusta between Bishop and Sydney Streets. He advised that speed tables are a good application for traffic calming and pointed out that the alternative was selected by the neighborhood action team as the best solution. Transportation Associate Mandeville reported that the guidelines in the recommendation require staff to conduct a traffic survey to determine the effectiveness of the speed tables within six months of their instillation. If the survey concludes that traffic speeds have not decreased, she added, the neighborhood could elect to pursue other traffic calming measures to reduce speed. ACTION: Moved by Marx/Schwartz to adopt Resolution No. 9282 (2002 Series), adopting the Augusta Street NTM Plan that calls for the installation of three speed tables on Augusta Street between Bishop and Sydney Streets; motion carried 4:0 (Ewan refrained). Mayor Settle called for a break at 8:37 p.m. 3. MODIFICATION OF ALTA VISTA RESIDENTIAL PARKING PERMIT DISTRICT. Vice Mayor Marx stepped down due to a potential conflict of interest (resides within the district). Transportation Manager Opalewski presented the staff report. Mayor Settle opened the public hearing. Speaking in favor of the modification to the parking permit district hours: Ellen Harper, 169 Kentucky Sasha Taus, 111 Kentucky Ellie Taus. 111 Kentucky. 1 r, `j Mayor Settle closed the public hearing. I City Council Meeting Page 5 Tuesday, January 22, 2002 - 7:00 p.m. ACTION: Moved by Ewan/Mulholland to adopt. Resolution No. 9283 (2002 series) establishing revised boundaries for restricted parking of 2:00 a.m. to 10:00 p.m., Monday — Friday in the Alta Vista residential parking permit district; motion carried 4:0 (Marx refrained). 4. CHARMAINE GALLAGHER, APPELLANTS. 2713 MEADOW (ARC 120-01). Associate Planner Dunsmore presented the staff report and responded to questions from the Council. Mayor Settle opened the public hearing. Appellant Devin Gallagher. 3450 Prefumo Road, spoke to the merits of his appeal, which Included concerns about the proposed tree removal, drainage patterns, and proposed building height He voiced opposition to any grading or drainage re- routing through the open space easement and argued that the size of the skylight proposed exceeds the standard. He argued that the main house proposed for the front of the property should be redesigned in a comprehensive and more sensitive manner. The appellant also asserted that the project would have a negative impact on his property and on the sensitive open space. He contended that exceptions are not justified for this project and urged the Council not to allow inappropriate grading or uses within the open space. Charmaine Gallagher, co- appellant, provided additional comments in support of the appeal. She urged Council to uphold City codes and guidelines, minimize Impacts to the site, and send the project back to the Planning Commission for further review. Applicant Michael Harris, 2713 Meadow, urged the Council to deny the appeal and responded to questions from Council Member Schwartz about the proposed driveway. Tom Disanto, 870 Monterey Street (architect and applicant's representative) presented an overview of the design and shared a colors and materials board. Mayor Settle closed the public hearing. Vice Mayor Marx asked If an environmental study was done for this project. Associate Planner Dunsmore stated that since the site was zoned R -1 it was exempt from environmental review. Council discussion ensued. Council Member Mulholland noted that the site was sensitive and that the proposal contained too much development for the lot She expressed support for draft resolution B, which would uphold the appeal. Council Member Schwartz concurred because he feels the design has gotten ahead of practical considerations, like drainage and the driveway. Vice Mayor Marx, although impressed with the applicant's design and choice of materials, shared concerns about the phased approach, the sensitive nature of the site, the proximity of the driveway to the neighbor, and the request for a setback exception. Council Member Ewan and Mayor Settle agreed. Applicant.Michael Harris provided a rebuttal and asked Council to consider his financial Investment, as well as the recommendations of staff and the ARC. City Council Meeting Tuesday, January 22, 2002 - 7:00 p.m. Page 6 Council Member Schwartz suggested modifications to the findings outlined in draft Resolution B (upholding the appeal). Council accepted and revised the findings to read as follows: 1. "The proposed project may adversely affect the sensitive site or damage natural resources. 2. The proposed scale of the building will not be compatible with the existing residential character. 3. The proposed project does not comply with property development standards for the R -1 zone and would require exceptions that are not justified at this time." ACTION: moved by Schwartz/Mulholland to adopt Resolution. No. 9284 (2002 series) as amended, upholding the appeal and denying the Architectural Review Commission's approval; motion carried 5:0. 5. PARKING IN -LIEU FEES. Public Works Director Bochum presented the staff report and responded to questions from the Council Public Comments: Speaking in opposition to the staff recommendation and urging the Council to delay action and seek Input from the Chamber of Commerce and the Downtown Association: Dave Romero. 2057 Skylark Lane Tom Swem. President of the Downtown Association Pierre Rademacher, 82 Chuparosa Sam Blakeslee. 1163 Pismo Street Patricia Wilmore. Chamber of Commerce Mike Spangler Richard Ferris. 365 Branch Street Mary Beth Schroeder Andrew Carter, 1283 Woodside, spoke in support of the staff recommendation and urged the Council to use real parking garage construction costs as a base for determining any discounts. Kathleen Waif. Director of the Children's Museum, expressed concerns about potential fee Increases, particularly if non - profits in the downtown are placed in the same category as businesses. On a motion made by Council Member Mulholland, seconded by Council Member Ewan. the Council continued the meeting past the hour of eleven o'clock; motion carried 5.0. Mayor Settle called a break at 11:08 p.m. —end of public comments- City Council Meeting Page 7 Tuesday, January 22, 2002 - 7:00 p.m. Council Member. Schwartz voiced no objection to allowing the business community three months to formulate a recommendation, but urged the Council to not postpone making a decision on the matter of parking In -lieu fees. He pointed out that there may be other viable alternatives to consider, like imposing a graduated fee schedule that recognizes non - profits and/or the formation of an assessment district. City Administrative Officer Hamoian noted that if Council gave staff direction to work with a committee, he would have concerns about the time commitment and workload. He further stated that If directed by Council he would support the examination of other Ideas but he hoped that Council would move forward on this recommendation. Vice Mayor Marx suggested that non - profit organizations come to the City to ask for assistance with parking In -lieu fees. She voiced support for moving forward and agreed that the Chamber and Downtown Association can still study the matter and come back later with their own recommendation. She also expressed support for the formation of an all - City parking and access committee to examine land use, cultural, social and other issues relating to parking and access. Council Members Ewan and Mulholland concurred. Mayor Settle recommended that the Council take advantage of the offer made by the Chamber of Commerce and the Downtown Association and agree to defer action for two to three months to allow them time to bring back alternatives for consideration. Vice Mayor Marx argued that two to three months was not enough time to do a far - reaching, In-depth study and urged her colleagues to move ahead on this matter. ACTION: moved by Mulholland/Marx to: 1) adopt Resolution No. 9285 (2002 series): a) adopting a policy that the Parking -In -Lieu Fee will collect a minimum of 40 °/a of the cost of providing a new structured space in the downtown area. b) modifying parking in -lieu fees for the Central Commercial Zone at $11,000 for new construction and $2,750 for use changes to reflect that new policy. c) approving an annual CPI adjustment for both fees. 2) direct staff to return to Council within the next 60 days with an amendment to Ordinance 1101 (1987 Series) that will delete the provisions for long -term financing of in -lieu fee payment; motion carried 4:1 (Settle). 6. APPROVE IMPLEMENTATION OF VOLUNTARY WATER USE OFFSET PROGRAM PER THE WATER ALLOCATION REGULATIONS. Utilities Director Moss and Conservation Coordinator Munds presented the staff report. There were no public comments. ACTION: Moved by Ewan/Mulholland to direct staff to implement a voluntary Water Use Offset Program using the guidelines and procedures established during the mandatory Water Use Offset Program and contained in the Water Allocation Regulations; motion carried 5:0. COUNCIL LIAISON REPORTS Dalidio Property Council Subcommittee members, Vice Mayor Marx and Council Member Ewan asked the Council to endorse the formation of a subcommittee to Include two members of the County Board of Supervisors, the Council Subcommittee, and representatives from the Dalldio team, and further, to authorize a meeting on January 29, 2002 to explore options for City Council Meeting Page 8 Tuesday, January 22, 2002 - 7:00 p.m. development of the property. Endorsed and authorized by Council (Memo on file in the office of the City Clerk). Council Member Schwartz summarized a report of the Cal Poly Faculty-Staff Housing proposal (Memo on file in the office of the City Clerk). Council Member Schwartz provided an overview of the January 9, 2002 meeting of the San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (See report on file in the Office of the City Clerk). Vice Mayor Marx reported on the most recent Zone 9 meeting and noted that on January 29, 2002 consultants will return to complete the review of the Waterway Management Plan. Council Member Mulholland gave an update on the latest County Water Resources Advisory Committee meeting. Council Member Mulholland presented an account of the most. recent California Men's Colony Advisory Committee meeting. Council Member Ewan recounted the details of the most recent meeting of the North County Water Purveyors Group. Council Member Ewan mentioned that the Air Pollution Control District board would meet on January 23, 2002. Council Member Ewan announced that the Economic Opportunity Commission Annual Retreat would be held on Friday, January 25, 2002. COMMUNICATIONS Council Member Schwartz urged Council to direct Public Works staff to prepare a detailed report illustrating necessary required actions and costs associated with the conversion of light standard color from Sorrento Green to Forest Green (Memo on file in the Office of the City Clerk). Council took no action. Vice Mayor Marx expressed concerns regarding the levels of MTBE in Santa Margarita Lake and the effect it could have on San Luis Obispo drinking water. She asked Council to direct staff to consider using the same criteria used by the Regional Water Quality Control Board for the measurement of MTBE levels. Staff was asked to review and compare City and Regional Water Quality Control Board standards and criteria for measuring MTBE and report back to Council in memo form. There being no further business to come before thtCCouncil, M or the adjourned the meeting at 12:18 a.m. to a Special Meeting set r Tnua 29, 02 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San L s b Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 2/5/02 LP:mk