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.
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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.
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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
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