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HomeMy WebLinkAbout09/17/2002MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 17, 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, 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; Wolfgang Knabe, 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; Kathy Bishop, Police Management Assistant; Tom Baasch, Chief Building Official; Darren Drake, Fire Marshall; Gill Trujillo, Assistant City Attorney; Pam Ricci, Associate Planner; Neil Havlik, Natural Resources Manager; Michael Clarke, City Biologist. CLOSED SESSION ANNOUNCEMENT PUBLIC EMPLOYMENT /APPOINTMENT Pursuant to Government Code Section 54957 Title: City Attorney City Attorney Jorgensen reported that the closed session was held. PUBLIC COMMENT Gary Fowler, 777 Mill Street, spoke in opposition to the Employee Housing Assistance Program approved by the Council on September 3, 2002. Andrew Carter, 1283 Woodside Drive, expressed concern about the lack of student housing on the Cal Poly campus, and encouraged the Council to demand the California State University system address the need for campus housing. Mary Beth Schroeder, 2085 Wilding Lane, stated that she is opposed to any mixed use development. City Council. Meeting Tuesday, September 17, 2002 - 7:00 p.m. CONSENT AGENDA Page 2 Public Comments: Brett Cross, 1217 Mariner's Cove, spoke in opposition to Item C9. Greg Otto, Vice President of Firefighters Association, spoke in support of Item C9. Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to Items C6.and C9. Gary Fowler. 777 Mill Street, spoke in opposition to Item C9. --end of public comment — Fire Chief Knabe answered Council questions about Item C9. Mayor Settle reported that he would refrain from voting on Item C6 due to a potential conflict of interest. Council Member Mulholland stated that she will vote No on Item C2. C1. C2. C3. ACTION: Moved by Ewan/Schwartz.to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. MINUTES OF TUESDAY, SEPTEMBER 3.2002. ACTION: Moved by Ewan/Schwartz to waive oral reading and approve as amended; motion carried 5:0. ACTION: Moved by Ewan/Schwartz to adopt Ordinance No. 1422 (2002 Series); motion carried 4:1 (Mulholland). STREET NAME SIGN REPLACEMENT, SPECIFICATION NO. 90162A. ACTION: Moved by Ewan/Schwartz to 1) approve Plans and Specifications for Street Name Sign Replacement Project No. 90162A and authorize soliciting of bids. 2) Authorize contract award by the CAO if the lowest responsible bid is within the Engineer's estimate of $60,575; motion carried 5:0. C4. UTILITY TRENCH REPAIR FALL 2002, SPECIFICATION NO. 90231. ACTION: Moved by Ewan/Schwartz to 1) approve Specification for "Utility Trench Repair - Fall 2002, Specification No. 90231." 2) Authorize staff to advertise for bids. 3) Authorize the CAD to award the contract to the lowest responsible bidder within the engineer's estimate of $50,000. 4) Approve a budget transfer of $60,000 into the Utility Trench Repair - Winter 2002 project account; motion carried 5:0. Ll City Council Meeting Page 3 Tuesday, September 17, 2002 - 7:00 p.m. 1 C5. PARK NAMING FOR 1341 PURPLE SAGE STREET CITY PARK. ACTION: Moved by Ewan/Schwartz to name the City park site located at 1341 Purple Sage Street, Rodriquez Adobe Park; motion carried 5:0. C6. CONSULTANT SERVICES AGREEMENT FOR THE SAN LUIS OBISPO MARKETPLACE PROJECT. ACTION: Moved by Ewan/Schwartz to 1) approve an agreement with Allan D. Kotin and Associates to perform consulting services during negotiations with SC Properties, LLC regarding their proposed project on the Dalidio Farm in an amount not to exceed $20,000. 2) Approve an agreement with Allan D. Kotin and Associates to perform an update of an economic impact study of SC Properties, LLC's proposed project on the Downtown (the " Kotin Study ") in an amount not to exceed $30,000 and to be reimbursed by SC Properties, LLC. 3) Approve an agreement with SC Properties, LLC for the reimbursement of costs associated with the update of the Kotin Study; motion carried 4:0 (Settle refrained due to a potential conflict of interest). C7. CANCELLATION OF THE NOVEMBER 5, 2002 REGULAR CITY COUNCIL MEETING AND RESCHEDULE TO TUESDAY, NOVEMBER 12, 2002. ACTION: Moved by Ewan/Schwartz to cancel the Regular City Council Meeting of Tuesday, November 5, 2002 and reschedule to Tuesday, November 12, 2002; motion carried 5:0. C8. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990. ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9364 (2002 Series) authorizing staff to complete and submit an application for grant monies in amount of $100,000 from the State Habitat Conservation Fund, which would be used in support of the acquisition of the Filipponi property at the end of Calle Joaquin; motion carried 5:0. C9. CHANGE OF FIRE ENGINE COLOR STANDARD AND FIRE ENGINE PURCHASE. ACTION: Moved by Ewan/Schwartz to 1) approve a change in the color of fire apparatus for the San Luis Obispo Fire Department from green/yellow to red. 2) Authorize acquisition of a new red fire engine via cooperative purchasing by "tagging onto" a recent purchase of a Pierce Lance Pumper by the City of Murray, Utah. 3) Authorize the Mayor to enter into a purchase agreement with Pierce Manufacturing Company in the amount of $354,000; motion carried 5:0. PUBLIC HEARINGS 1. APPROVE EXPENDITURE PLAN FOR 2002 -03 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS. Captain Blanke presented the staff report. City Council Meeting Tuesday, September 17, 2002 - 7:00 p.m. Page 4 Mayor Settle opened the public hearing. There were no comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Mulholland to adopt Resolution No. 9365 (2002 Series) approving an expenditure plan for $100,000 from the 2002 -03 State Supplemental Law Enforcement Services Funds (SLESF) to continue funding the salary and benefits for a Police Field Services Technician and a Communications Technician; motion carried 5:0. 2. ADOPTION OF LATEST EDITIONS OF THE CONSTRUCTION AND FIRE CODES. Chief Building Official Baasch and Fire Marshall Drake presented the staff report. Staff summarized changes in language to Section 114.3 in response to concerns expressed by Vice Mayor Marx. Staff responded to brief questions from the Council. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Marx to introduce Ordinance No. 1423 (2002 Series) 1) as amended repealing Chapters 15.02, 15.04, and 15.08 and 2) creating new Chapters 15.02, 15.04, and 15.08 adopting the 2001 editions of the California Building, Mechanical, Plumbing, Electrical, and Fire Codes, the 1997 editions of the Uniform Administrative, Housing, Dangerous Building, Building (Volume 3), and Fire (Volume 2) Codes, and the 1997 edition of the Uniform Code for Building Conservation, with amendments; motion carried 5:0. 3. CODE ENFORCEMENT ORDINANCES AND IMPLEMENTING RESOLUTION ESTABLISHING CIVIL ADMINISTRATIVE PROCEDURES FOR THE COLLECTION OF CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS. Assistant City Attorney Trujillo presented the staff report. Mayor Settle opened the public hearing. There was no public testimony. Mayor Settle closed the public hearing. ACTION. Moved by Marx/Mulholland to 1) introduce Ordinance No. 1424 (2002 Series ) adding Section 1.12.095 to Chapter 1.12 of the Municipal Code imposing civil penaltjes for violations of the Municipal Code. 2) Introduce Ordinance No. 1425 (2002 Series) adding Section 1.12.130 to Chapter 1.12 of the Municipal Code authorizing the recovery of attorney fees to the prevailing party in a code enforcement action. 3) Introduce Ordinance No. 1426 (2002 Series) adding Chapter 1.24 to Title One of the Municipal Code adopting administrative code enforcement procedures for the imposition and collection of civil fines for Municipal Code violations. 4) Adopt Resolution No. 9366 (2002 Series) approving administrative guidelines in connection with the issuance and processing of administrative citations pursuant to Chapter 1.24 and establishing the amount of administrative fines payable under such citations; motion carried 5:0. 4. COPELAND'S PROJECT FINAL ENVIRONMENTAL IMPACT REPORT AND APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT FOR THE PALM - MORRO PARKING/OFFICE STRUCTURE. Associate Planner Ricci presented an in -depth staff report. City Council Meeting Page 5 Tuesday, September 17, 2002 - 7:00 p.m. Mayor Settle called a break at 8:25 p.m. The meeting resumed at 8:38 p.m. ' Mayor Settle opened the public hearing. Mark Rawson, representing the appellant, spoke to the merits of the appeal and in favor the CAD recommendation. Speaking in support of the CA recommendation to uphold the appeal of the Planning Commission's denial of the use permit for the Palm -Morro Parkina/Office Structure and, in general, in favor of the project Dave Romero, 2057 Skylark Lane Jeanne Potter, President of the Board of Directors of the Chamber of Commerce David Garth, Executive Director of the Chamber of Commerce Paul Brown, 1214 Mariner's Cove Lee Ferraro, Los Osos resident Andrew Carter, 1283 Woodside Drive Mike Spangler, 665 Higuera Kim Frederick co -owner of Muzio's Grocery Tom Swem, Downtown Association Parking Committee Chair Dave Katz, owner of Hudson's Grill Deborah Holley. Downtown Association Administrator George Moylan, SLO Housing Authority Soeakina in support of the Plannina Commission's decision to denv the use permit and in opposition to the project: Brett Cross, 1217 Mariner's Cove Mary Beth Schroder, 2085 Wilding Lane Mayor Settle closed the public hearing. Council discussion ensued. Council Member Mulholland spoke in support of the Planning Commission recommendation to deny the use permit and voiced opposition to the project for many of the same reasons the Planning Commission raised, including: The public has not indicated what it wants to see on Court Street; there is no housing in this project; a multi -level parkingtoffice structure was never envisioned for this part of the downtown; the garage will be inside the periphery of the downtown core, rather than outside as has been the plan; the building is too tall and will dwarf other buildings; it will not meet the policy of a landmark building; the office space is simply not enough to meet the City's minimum needs; the floor area ratio is insufficient and the project is inconsistent with many of the City's policies. In addition, she argued that view sheds will be obstructed, there are unsettled property issues with neighbors, conflicts with pedestrian flow and the EIR is incomplete. Vice Mayor Marx pointed out that the EIR identifies this project as the environmentally superior alternative and explained that she believes the EIR is adequate. She indicated that she would support the project but added that she hopes that more space for City Hall could be created by converted garage space in the future if the need is there. 1 Mayor Settle spoke in favor of the project. City Council Meeting Tuesday, September 17, 2002 - 7:00 p.m. Page 6 ACTION: Moved by Ewan/Marx to adopt Resolution No. 9367 (2002 Series), as amended: A) Certifying the Environmental Impact Report (EIR) with a finding of overriding considerations relative to aesthetics/visual resources, air quality and short -term construction noise. B) Upholding the applicant's appeal of the Planning Commission's denial of a Use Permit for the Palm -Morro Parking/Office Structure component, based on findings and subject to conditions; motion carried 4:1 (Mulholland). Mayor Settle called a break at 9:58 p.m. The meeting was reconvened at 10:08 p.m. BUSINESS ITEM 5. APPROVAL OF "CONSERVATION GUIDELINES.FOR OPEN SPACE LANDS OF THE CITY OF SAN LUIS OBISPO." Natural Resources Manager Havlik and City Biologist Clarke presented the staff report and summarized revisions made to the draft following comments received from the public, the Planning Commission, the Parks and Recreation Commission and the City Council. In addition, staff responded to written comments received from resident Don Dollar and Vice Mayor Marx and other concerns expressed by Council Member Schwartz (see correspondence and Council Memorandum on file in the Office of the City Clerk). Council Member Schwartz expressed concern that the guidelines do not reflect livestock grazing as a legitimate agricultural activity and voiced concern that the guidelines may be too restrictive. He argued that the policies outlined may result in the inability to acquire ranchland, where cattle may still be able to graze and noted that it will be increasingly costly to manage lands as they are acquired if grazing is discouraged where appropriate. Public Comments: Dave Romero, 2057 Skylark Lane, spoke in support of the guidelines and encouraged the development of hiking trails. He encouarged staff to include the Guidetti Ranch in the guidelines. —end of public comments — Council agreed to revise the guidelines pursuant to the staffs recommendation outlined in the above - mentioned Council Memorandum. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9368 (2002. Series) adopting the "Conservation Guidelines for Open Space Lands of the City of San Luis Obispo" (the "Guidelines "), as amended; motion carried 4:1 (Schwartz). COUNCIL LIAISON REPORTS Council Member Mulholland reported on the September 10, 2002 Downtown Association meeting. Council Member Mulholland reported on the September 11, 2002 Mass Transportation Committee meeting. City Council Meeting Page 7 Tuesday, September 17, 2002 - 7:00 p.m. Vice Mayor Marx reported on the September 11, 2002 Zone 9 Flood Control District meeting and expressed concern about the turnover in County planning and engineering staff, and the impact this has had on Zone 9 projects (memo on file in the Office of the City Clerk). Staff agreed to work with County staff to resolve the issues. Council Member Ewan provided a brief report on the Integrated Waste Management Authority. He noted that the City of Paso Robles has joined the IWMA- Council Member Schwartz provided a status report on the North County Water Forum (on file in the Office of the City Clerk). COMMUNICATIONS Mayor Settle commented on the September 12, 2002 Housing Mandates Workshop and reported that more on this issue will be coming to the Council in October. Vice Mayor Marx shared an article with the Council on negotiating skills (on file in the Office of the City Clerk). There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 11:02 p.m. to Tuesday, October 1, 2002 at 7:00 m. in the it Chamber, 990 Palm Street, San Luis Obispo. 1 Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 1011/02 LP:dr 1