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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