HomeMy WebLinkAbout07/16/2002LJ
7
L
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 16, 2002 - 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 Statler, Finance Director; Ann Slate, Human Resources
Director; Jim Gardiner, Police Chief; Tom Zeulner, Acting Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Betsy
DeJarnette, Assistant to the City Administrative Officer; Glen
Matteson, Associte Planner; Jill Sylvain, Human Resources Analyst;
Neil Havlik, Natural Resources Manager; Michael Clarke, City
Biologist; Pam Ricci, Associate Planner; Terry Sanville, Principal
Transportation Planner
PUBLIC COMMENT
Mary Beth Schroeder, 2085 Wilding Lane, spoke against the following two items scheduled for
the July 19, 2002 Administrative Hearings: Item No.1 (1631 Woodland Drive — a request to
allow phone sales for promotional products). Item No. 4 (520 Grand Avenue — a quest to allow
a high occupancy residential use for eight occupants).
Sifu Kelvin Harrison, reiterated claims of harassment and discrimination.
APPROVE. 2002-2003 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID
(GIA) FUNDING RECOMMENDATIONS AND AUTHORIZE THE HRC TO ENDORSE
AND /OR SPONSOR CERTAIN ACTIVITIES.
Human Resources Analyst Sylvain and Janna Nichols, Human Relations Commission
Chairperson, presented the staff report.
Brief Council questions and comments followed.
Public Comment:
Karen Jones, Ombudsman Office staff member, voiced appreciation to the HRC and Council
for Grants -In -Aid funding.
City Council Meeting
Tuesday, July 16,2002- 4:00 p.m.
Page 2
--end of public comments —
ACTION: Moved by Mulholland/Ewan to: 1) Adopt Resolution No. 9342 (2002
Series ) as recommended by the Human Relations Commission approving Grants -In-
Aid funding for 2002 -03 and authorizing the City Administrative Officer to execute
agreements with each Grants -In -Aid recipient for 2002 -03. 2) Authorize the City
Administrative Officer to approve HRC sponsorship or endorsement requests that
fall within the HRC purview; motion carried 5:0.
STUDY SESSION
2.
Natural Resources Manager Havlik presented a history of open space acquisitions and
summarized goals of the Open Space Element. City Biologist Clarke provided an in -depth
explanation of the Draft Conservation Guidelines. He reported that public workshops and
hearings will be held by the Parks and Recreation Commission, the Planning Commission,
and finally by the City Council.
Council comments and questions followed.
Public Comment:
Mike Mulatri, Morro Bay Estuary Program Board Member, spoke in support of the
Guidelines and urged Council to go forward.
Mary Beth Schroeder, 2085 Wilding Lane, asked Council to retain the Irish Hills as open
space.
Pam Heatherington, Executive Director of ECOSLO, voiced support for the Guidelines but
noted concerns she had regarding the adverse impacts cumulative activity could have on
open space. She asked Council to consider the use of alternatives to commercial
pesticides, such as catnip for mosquito abatement.
Phil Ashley, 1586 La Cita Court, praised the Guidelines, but suggested they need more
work. He proposed strong policies to preserve and protect wildlife and deep -soil habitat in
open spaces designated for recreational use.
Don Dollar, 2537 Banderola, summarized suggestions to refine the Guidelines outlined in
his correspondence (on file in the Office of the City Clerk).
Bruce Gibson, Land Conservancy Chairperson, voiced support for the Guidelines.
Dorothy Jennings, San Luis Obispo County Parks employee and Templeton resident, spoke
in support of the program and reported that the County of San Luis Obispo will soon
embark on a similar program.
--end of public comment—
ACTION. Council suggested minor modifications to the draft Guidelines and
directed staff to proceed.
City Council Meeting
Tuesday, July 16, 2002- 4:00 p.m.
Page 3
Mayor Settle called a break at 6:05 p.m. Council reconvened at 7:00 p.m.
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
San Luis Obispo Police Officers' Association, etal v. City of San Luis Obispo, etal.
Pursuant to Government Code Section 54956.9
City Attorney Jorgensen announced that Council reached a settlement but the terms would
not disclosed at this time.
PRESENTATION
Human Resources Analyst Syivain provided an overview of the Employee Recognition
Program. Mayor Settle presented an Employee Suggestion Award to Bob Bission, Fire
Engineer.
PUBLIC COMMENT
Tom Cantrell, 4584 Spanish Oaks, urged Council not to fragment the Airport Area and
Margarita annexations. He also spoke in support of desalinization.
Dave Romero, 2057 Skylark Lane, urged Council to install a traffic signal at the mid -block
cross walk on Marsh Street.
Andrew Carter. 1283 Woodside Drive, challenged Council candidates to prove their support
for more housing within City Limits. He suggested: 1) Closing inclusionary housing
loopholes. 2) Developing incentives for second -story apartments above commercial
properties. 3) Accelerated phasing for approved housing projects. 4) Supporting the
prospect of new cities within the County of San Luis Obispo. 5) Aggressive actions to
encourage Cal Poly to develop more on- campus student housing.
Gary Fowler. 777 Mill Street, expressed concern regarding construction at Mill and Broad
Streets and encouraged Council to direct staff to make certain that it will not pose a problem
to City sewer/water lines. City Attorney Jorgensen reported the City reserved the necessary
sewer and waterline easements when the street was abandoned. Mr. Fowler also observed
that new street signs are so popular they are frequently stolen.
Mary Beth Schroder, 2085 Wilding Lane, spoke in opposition to Item No. C5 on the Consent
Agenda.
CONSENT AGENDA
ACTION: Moved by Mulholland/Marx to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C7, MINUTES OF TUESDAY, JUNE 26.2002 AND TUESDAY, JULY 2.2002
ACTION: Moved by Mulholland/Marx to waive oral reading and approve as
submitted; motion carried 5:0.
City Council Meeting Page 4
Tuesday, July 16,2002- 4:00 p.m.
C2. APPROVE REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES,
SPECIFICATION NO. 90358.
C3.
ACTION: Moved by Mulholland/Marx to: 1) Approve the Request for Qualifications
for Environmental Services. 2) Authorize the City Administrative Officer to execute
an agreement with the top - selected consultants. 3) Authorize the City
Administrative Officer to execute the purchase orders up to $50,000 for individual
environmental service contracts where funding is available in the project account
for those services; motion carried 5:0.
ACTION: Moved by Mulholland/Marx to: 1) Award an agreement to Ravatt Albrecht
& Associates, Inc. in the amount of $29,875 for "Design Services: Bus Maintenance
Facility Improvement/Bus Washer; Specification No. 99601 A." 2) Authorize the
Mayor to execute the contract documents; motion carried 5:0.
C4. FINAL ADOPTION OF ORDINANCE NO. 1417 AMENDING CHAPTER 2.48 OF THE
MUNICIPAL CODE RELATED TO THE ARCHITECTURAL REVIEW COMMISSION
(ARC) BYLAWS. DUTIES AND FUNCTIONS.
ACTION: Moved by Mulholland/Marx to adopt Ordinance No. 1417 (2002 Series);
motion carried 5:0.
C5. FINAL ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP FROM
C- C -H-PD TO C-C-H FOR COURT STREET PARKING LOT SITE (R51 -02).
ACTION: Moved by Mulholland/Marx to adopt Ordinance No. 1420 (2002 Series)
approving a Negative Declaration of environmental impact, and amending the City's
zoning map designation from Central- Commercial with the Historical Preservation
and Planned Development overlay zones (C- C -H -PD) to Central- Commercial with the
Historical Preservation overlay zone (C -C -H) for the Court Street parking lot site (999
Monterey Street), based on findings; motion carried 5:0.
C6. APPROVE STREET RECONSTRUCTION/RESURFACING — SUMMER 2002,
SPECIFICATION NO. 90321.
ACTION: Moved by Mulholland/Marx to: 1) Approve plans and specifications for
"Street Reconstruction/Resurfacing — Summer 2002." 2) Authorize staff to
advertise for bids. 3) Authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within the engineer's estimate of
$1,700,000; motion carried 5:0.
1
City Council Meeting Page 5
Tuesday, July 16, 2002- 4:00 p.m.
C7. APPROVE MURRAY ADOBE SEISMIC RETROFIT, SPECIFICATION NO. 99831.
ACTION: Moved by Mulholland/Marx to: 1) Approve the award and execute a
contract with Maino Construction Company, Inc. for the "Murray Adobe Seismic
Retrofit," Specification No. 99831. 2) Authorize use of unused construction
management funds for construction contingencies; motion carried 5:0.
C8. RESOLUTION SUPPORTING AMTRAK INTERCITY PASSENGER RAIL SERVICE.
C9.
I C10.
C11.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9343 (2002 Series);
motion carried 5:0.
ACTION: Moved by Mulholland/Marx to: 1) Adopt Resolution No. 9344 (2002
Series ) authorizing the Community Development Director to submit a grant
application to the State Division of Transportation for an Environmental Justice
grant in the amount of $200,000 to fund an Area Plan Study. 2) Approve funding of
the required City match in an amount not to exceed $30,000, to provide professional
services related to required California Environmental Quality Act (CEQA) studies. 3)
Approve in -kind expenses from the Community Development Department not to
exceed $11,500 (5% of the total project costs); motion carried 5:0.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9345 (2002 Series)
accepting the negotiated exchange of property-tax revenues and annual property-
tax increments for the Irish Hills Open Space Annexation; motion carried 5:0.
Council Member Mulholland proposed that the word "should" be changed to "shall' In all
instances in the initial study. Council agreed.
C12.
'J
ACTION: Moved by Mulholland/Marx to: 1) Approve plans and specifications, as
revised, for the project known as "Upper San Luis Obispo Creek Dam Removal." 2)
Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to
award the contract if the lowest responsible bid is within the project budget of
$275,500. 4) Approve a mitigated negative declaration of environmental impact for
the project; motion carried 5:0.
City Council Meeting
Tuesday, July 16,2002- 4:00 p.m.
Page 6
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9346 (2002 Series)
authorizing staff to: 1) Work with agency partners in the so- called Northern and
Coastal California Water Bond Initiative Coalition. 2) Support legislation to allocate
funding from future water bond initiatives for local and coalition- sponsored
projects. 3) Seek inclusion of City projects among those compiled by the Coalition
for funding; motion carried 5:0.
C13. COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO
REGARDING CITY PARTICIPATION IN THE URBAN COUNTY FEDERAL GRANT
PROGRAM FOR PROGRAM YEARS 2003 THROUGH 2006.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9347 (2002 Series)
approving the Cooperation Agreement and authorizing the Mayor to sign the
agreement; motion carried 5:0.
Al. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION.
3.
ACTION: Moved by Schwartz[Marx to appoint David N. Smith to complete an
unexpired four -year term on the Architectural Review Commission beginning
immediately and expiring on March 31, 2006, as recommended by the Council
Liaison Subcommittee; motion carried 5:0.
(CONTINUED)
See Action, page 7.
4. APPROVE PROJECT DESCRIPTION AND AUTHORIZATION TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER
209-98).
Community Development Director Mandeville announced that staff received a request to
continue Business Items No. 3 and No. 4 (on file in the Office of the City Clerk) and
presented the following revised staff recommendation: 1) To affirm the desirability of
planning the area bounded by Orcutt Road, Tank Farm Road and the Union Pacific railroad
tracks in a comprehensive way and; 2) to continue both Business Items No. 3 and No. 4 to
September 17, 1002, with direction to revise the Environmental Impact Report (EIR) work
scope and project description to generally follow the consensus of property owners, within
City standards and include minor unresolved issues as alternatives un the EIR.
Public Comment:
Andrew Merriam, Cannon Associates, announced that all thirteen of the property owners
were willing to work together and urged Council to continue both matters.
77
1
1
City Council Meeting
Tuesday, July 16,2002- 4:00 p.m.
Page 7
Andrew Carter. 1283 Woodside Drive, commented that there is a need for a school in this
area and suggested that it should be constructed near a major City intersection such as
Broad Street and Tank Farm Road rather than in a neighborhood.
–end of public comments—
ACTION: Moved by Marx/Mulholland to: 1) To affirm the desirability of planning the
area bounded by Orcutt Road, Tank Farm Road and the Union Pacific railroad tracks
in a comprehensive way and; 2) to continue both Business Items No. 3 and No. 4 to
September 17, 1002, or later, with direction to revise the Environmental Impact
Report (EIR) work scope and project description to generally follow the consensus
of property owners, within City standards and include minor unresolved issues as
alternatives in the EIR; motion carried 5:0.
S. COURT STREET ABANDONMENTS:
A. INITIATION OF A PROCESS TO CONSIDER ABANDONMENT OF THE COURT
STREET RIGHT -OF -WAY (ABAN 192 - 01.999 MONTEREY STREET).
Associate Planner Ricci presented the staff report.
There were no public comments.
Council Member Mulholland indicated that she was not comfortable with this project, viewed
it as piecemeal and noted that she would not support the abandonments.
City Attorney Jorgensen reported that a key component of the Memorandum of
Understanding (MOU) with the Copeland's is their commitment to delivering the project at a
guaranteed maximum price on a tight schedule. He clarified that the recommended action is
procedural and does not, by itself, abandon the property. If the Council approves the
abandonment on August 2e, it will not be official until the project is approved by the Council.
In the event the EIR is inadequate or Council changes its mind, the abandonment would
cease. He advised the Council to proceed, without delay, to Insure that the terms of the MOU
are met and financial consequences of not doing so are avoided.
Council Member Marx and Council Member Ewan announced they would be absent for the
August 20, 2002 Council meeting, and inquired what impact that would have on the
abandonments. City Attorney Jorgensen reported that the City Charter requires three
affirmative votes for an item to pass. He emphasized that If Council Member Mulholland votes
against the abandonments, it would result in a delay to September 3, 2002. Council
discussion followed.
ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9348 (2002 Series) of
Intention to consider abandonment and set a public hearing for September 3, 2002,
as recommended by the Planning Commission; motion carried; 4:1, (Mulholland
opposed).
B. INITIATION OF A PROCESS TO CONSIDER ABANDONMENT OF A PORTION
OF THE MORRO STREET RIGHT -OF -WAY BETWEEN PALM AND
MONTEREY STREETS (ABAN 193 - 01.919 PALM STREET).
Associate Planner Ricci presented the staff report. There was no public comment.
City Council Meeting
Tuesday, July 16, 2002- 4:00 p.m.
Page 8
ACTION: Moved by Marx/Ewan to adopt Resolution No. 9349 (2002 Series) of
Intention to consider abandonment and set a public hearing for September 3, 2002,
as recommended by the Planning Commission; motion carried 4:1, (Mulholland
opposed).
6. RESOLUTION ADOPTING THE 2002 UPDATE OF THE PARKING MANAGEMENT
PLAN AND DISPOSITION OF UNRESOLVED PARKING AND ACCESS ISSUES.
Public Works Director McCluskev and Principal Transportation Planner Sanville presented the
report
Council Member Mulholland and Council Member Ewan indicated a desire to make
substantive changes to the document. Public Works Director McCluskev emphasized that
this item is to document amendments to the current plan already approved by the Council. He
added that a comprehensive update would need to be an articulated Council goal and would
require a work plan. City Attorney Jorgensen advised that substantive changes would require
a new enviromental review and referral to the Planning Commission.
Public Comments:
Dave Romero, 2057 Skylark Lane, reported that the Downtown Association Parking
Committee conducted a lively discussion regarding this matter and took the approach that the
proposed amended Parking Management Plan was just an update, not a comprehensive
review.
Andrew Carter, 1283 Woodside Drive, urged the Council to develop a comprehensive solution
to parking and spoke in favor of an on -going all -City parking and access committee. ,
—end of public comments–
Council Member Schwartz suggested doing away with the Parking Management Plan
altogether. He urged Council to stop micromanaging parking, arguing that the plan was ill -
conceived and unfairly focussed on the downtown.
Vice Mayor Marx disagreed and urged Council to proceed with the update. She asked Council
to examine City goals and to see how the City can address this issue in the future. She noted
that progress has been made during the past four years and was not in favor of disposing the
plan.
City Administrative Officer Hampian explained that the ambiguity during the past years had
been over which document is actually guiding the City: the Parking and Downtown Access
Plan (PDAP) or the outdated Parking Management Plan. He urged Council to approve an
amended Parking Management Plan as recommended, and to eliminate the PDAP.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9350 (2002 Series)
approving a Negative Declaration of Environmental Impact and adopting the Access
and Parking Management Plan (July 2002) as revised; motion carried 4:1, (Schwartz
opposed).
ACTION: Moved by Ewan/Mulholland to review unresolved parking access issues
and Identify those that should be considered for inclusion as a Council Goal in the
upcoming 2003 -2005 Financial Plan; motion carried 4:1, (Schwartz opposed).
City Council Meeting Page 9
Tuesday, July 16,2002- 4:00 p.m.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the July 9, 2002 Downtown Association Board
Meeting.
Council Member Mulholland reviewed the July 10, 2002 public meeting where Orcutt Road
Traffic issues were discussed.
Council Member Mulholland updated Council on the July 11, 2002 Mayor's Quarterly meeting
with Advisory Body Chairs.
Council Member Mulholland provided an overview the July 15, 2002 meeting regarding Mardi
Gras planning.
Council Member Schwartz recapped the San Luis Council of Governments (SLOCOG) meeting
of July 10, 2002 (memo on file in the Office of the City Clerk).
Council Member Schwartz reported on the Highway One Ad Hoc Barrier Design Committee
meeting of July 14, 2002 (memo on file in the Office of the City Clerk).
COMMUNICATIONS
Mayor Settle reported that the seven City Councils of San Luis Obispo County and the San
Luis Obispo County Board of Supervisors will jointly sponsor a housing symposium on
September 12, 2002, at 7:00 p.m. at the Embassy Suites Hotel. The focus will be on State
Housing and Community Development mandates.
Council Member Marx suggested that the Council examine the City's Inclusionary Housing
Ordinance to determine if it required updating in light of the need for more affordable housing.
Staff was directed to consider the inclusionary housing program and program fees as part of
the Housing Element Update.
Vice Mayor Marx remarked that Frank's Hot Dogs had intense trespass lighting and asked
Council to consider a night -sky ordinance. City Attorney Jorgensen noted that the City has
enforcable lighting and signage standards in place. Council directed staff to investigate.
There being no further business to come before the City Council, Mayor Settle a joumed the
meeting at 9:24 p.m. to Tuesday, August 20, 200�t 7:01 m. in e Co� cil Ch ber, 990
Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 82042002
LP:mk
i
gee rnceti.m.c.
City Clerk