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HomeMy WebLinkAbout10/01/2002MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 1, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle City Staff: Present: 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; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Michael Draze, Deputy Community Development Director; Betsy DeJamette, Assistant to the City Administrative Officer; Glen Matteson, Associate Planner; Jeff Hook, Associate Planner; Mike McGuire, Assistant Engineer; and Cathy Bianchi, Police Officer PRESENTATIONS Mayor Settle presented a proclamation to Girl Scouts Kassandra Gamez and Grace Douglass recognizing the Girl Scouts National Convention in Southern California. Mayor Settle presented a proclamation to Jim Anderson of ConocoPhillips Petroleum commending the use of non -MTBE gasoline at "76" gas stations. Police Chief Gardiner introduced Police Officer Bianchi who provided an overview of the City/County Mentally III - Homeless Cooperative Effort that she and County Mental Health Officer Mike Ball are pursuing, which includes the development of diversion programs. PUBLIC COMMENT Willow "Walking Turtle" Kelly, 1121 Orcutt Road #69, stated she supports the bus driver's union negotiation efforts but hopes that there won't be fare increases. She would like the transit system to be more efficient and provide greater service. " Prayer" Joe, Global Prayer Association and National Association of Prayer, requested a city- wide prayer day proclamation. Sifu Kelvin Harrison reiterated claims of discrimination and harrassment Andrew Carter, 1283 Woodside Drive, voiced concern about urban sprawl on the east side of Islay Hill. City Council Meeting Tuesday, October 1, 2002 - 7:00 p.m. Page 2 Mary Beth Schroeder objected to high housing rents, and urged the Council to insist that Cal Poly house their students on campus. CONSENT AGENDA Public Comments: See Item C3, C4, and C6. ACTION: Moved by Mulholland/Ewan to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5-0. C1. MINUTES OF TUESDAY, SEPTEMBER 10, 2002 AND TUESDAY, SEPTEMBER 17, 2002. C2. C3. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5 -0. ACTION: Moved by Mulholland/Ewan to adopt Ordinance No. 1423 (2002 Series) 1) repealing Chapters 15.02, 15.04, and 15.08 of the San Luis Obispo Municipal Code, 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. Public Comments: Michael Sullivan. 1277 Seaward Street, asked questions and voiced objections to certain provisions of ordinances. Mary Beth Schroeder, 2085 Wilding Lane, asked for clarification about the purpose of the ordinances. City Attorney Jorgensen responded. ACTION: Moved by Mulholland/Ewan to adopt Ordinance No. 1424 (2002 Series) adding Section 1.12.095 to Chapter 1.12 of the Municipal Code imposing civil penalties for violations of the Municipal Code; 2) Adopt 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; and 3) Adopt 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; motion carried 5-0. City Council Meeting Page 3 Tuesday, October 1, 2002 - 7:00 p.m. C4. YOUTH BASKETBALL CO- SPONSORSHIP AGREEMENT. 1 Public Comment: Mary Beth Schroeder, 2085 Wilding Lane, asked if additional fees are proposed for youth basketball. Parks and Recreations Director LeSaae explained that there are no additional fees. C5. ACTION: Moved by Mulholland/Ewan to approve the Youth Basketball Co- Sponsorship Agreement between the City of San Luis Obispo and the San Luis Obispo County YMCA, as recommended by the Parks and Recreation Commission; motion carried 5 -0. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9369 (2002 Series) approving the final map for Tract 2366 and authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5 -0. C6. APPROVE A CONTRACT TO CONDUCT THE CITY ATTORNEY RECRUITMENT AND PROVIDE ASSISTANCE TO THE CITY COUNCIL. Public Comment: Mary Beth Schroeder, 2085 Wilding Lane, expressed concern about the costs of hiring a consultant to conduct the recruitment and asked why the Human Resources Department could not do it Mayor Settle replied that the City Attorney is hired by the City Council and the City Council agreed to hire an outside firm to conduct the recruitment. ACTION: Moved by Mulholland/Ewan to approve and authorize the Mayor to execute a contract between the City of San Luis Obispo and Avery and Associates allowing them to conduct the City Attorney recruitment and provide assistance to the City Council in the selection process; motion carried 5 -0. BUSINESS ITEMS PROJECT DESCRIPTION AND AUTHORIZATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER 209-98). Community Development Director Mandeville, Deputy Community Development Director Draze and Associate Planner Matteson presented the staff report. Deputy Community Development Director Draze outlined the property owners' request for revisions to the CAD's recommendation, which reads as follows: The City Council recognizes the need for additional housing in the City of San Luis Obispo. The City's General Plan calls for the ultimate annexation of the Orcutt Area to be developed as a residential neighborhood. City Council Meeting Tuesday, October 1, 2002 - 7:00 p.m. Page 4 The Council hereby endorses the concept of amending the City's General Plan by increasing the number of allowed new housing units in the Orcutt Area to between 850 and 950. Further, the City accepts the attached draft exhibits as the basis for proceeding with necessary studies, finalizing a draft Specific Plan, and preparing an environmental analysis. It is understood that additional General Plan amendments may be required, that related circulation issues remain to be finalized during this review process, and that this conceptual acceptance for processing is not meant to be binding on the property owners in detail at this time. It is also recognized that many of the owners will be designating "home sites" which are intended to protect their existing residences until they choose to develop at some future date. (Language approved, see Action on page 5). Staff indicated that they had no objections to the language changes, as proposed by the property owners. Public Comments: Andrew Merriam, representing the property owners, outlined the history and complexity of the process to -date. He emphasized that there are 13 different land owners with very diverse needs and desires and explained the plan has gone through many neighborhood meetings. The plan has been adjusted many times along the way, he added, and reported that land use density proposed is greater than previously recommended. Mr. Merriam pointed out where there is consensus among the property owners and where there is "agreement to disagree ". He then outlined next steps and indicated that he hopes the Council will support the concept and give conceptual approval to the higher density. Jean Helphenstien (also representing Barbara Parsons), 2312 Branch St. Leo Evans. 2248 Glacier Lane Nick Muick 3731 Orcutt Road Patty Taylor, 3731 Orcutt Road Julie Jones, 2699 Flora St. David Gray. 683 Evans Rd. Dave Romero . 2057 Skylark Lane, spoke in favor of moving ahead with the planning process. Andrew Carter, 1283 Woodside Drive, agreed. Mary Beth Schroeder, 2085 Wilding Lane, also expressed support. Brett Cross, 1217 Mariner's Cove, observed that the design for housing in the conceptual map appears to be a standard tract house, and recommended that the development include a greater mix of housing types and densities. Andrew Merriam replied that there is no subdivision map at this time and clarified that there is A desire for flexibility in the design. —end of public comments— -1 1 1 City Council Meeting Page 5 Tuesday, October 1, 2002 - 7:00 p.m. In response to public comments about the City helping to finance the preparation of the EIR, Finance Director Statler noted that the long- standing policy is that the applicant pays for the EIR, unless the City is the applicant. He added that he would not recommend that the Council waiver from that policy. Individual Council comments followed. A majority of the Council endorsed the project description and agreed to modify the CAO Recommendation, as requested by the property owners. Council Member Mulholland voiced concerns about the density and type of housing proposed. She asserted that the planning concepts are old fashioned and not "transit - friendly". She argued that there is a need for a better project description before environmental review commences and expressed opposition to providing financial assistance for the preparation of the EIR. Vice Mayor Marx spoke in favor of the concept proposed and recommended that the Council consider granting the property owners a loan of 50% of the money needed for environmental review. Coucnil Member Ewan agreed and suggested that the loan be recouped during the development phase. Mayor Settle suggested that a discussion about financial assistance be postponed until the next budget period. Council Member Schwartz spoke in favor of the project and the density proposed, but expressed some concerns about the design. He commented that he hopes that there will be some creativity and imagination used in designing the community and proposed a planned development concept with mixed uses. ACTION: Moved by Ewan/Schwartz to approve the CAO recommendation, as recommended by the property owners (see page 4); carried 4:1 (Mulholland). Note: A majority of the Council indicated they would be willing to consider a higher density of 1,300 units as allowed by the Airport Land Use Plan. ACTION: Moved by Ewan/Marx to direct staff to take a look at financing alternatives (that will allow the City to recoup any investment), for the preparation of the EIR; motion carried 4:1 (Mulholland). Mayor Settle took item 3 next (See Action on Item 2 on page 7). 3. SAN LUIS OBISPO COUNCIL OF GOVERNMENTS' (SLOCOG) DRAFT HOUSING NEEDS PLAN. Associate Planner Hook presented the staff report and recommendations included in the staff report. In addition, he summarized an alternative recommendation distributed to the Council after the agenda was distributed (see memo on file in the Office of the City Clerk) which includes a modified job growth percentage and lower number of new units required for San Luis Obispo. Steve Devencenzi. SLOCOG Director, pointed out that the share of job growth county-wide is 42.91 % and noted that if the factor is reduced for SLO, it will have to be reduced in all other communities. The result of doing so would be neutral, he concluded. In response to Council inquiry, he reported that dormitories on the Cal Poly campus are considered "group quarters" and are not counted toward the total number of housing units. He added that the City Council Meeting Page 6 Tuesday, October 1, 2002 - 7:00 p.m. new apartments being built that include kitchens will be counted and therefore credited to the City of SLO. Public Comments: Dave Romero , 2057 Skylark Lane, suggested that the Council cooperate with SLOCOG and the State Department of Housing and Community Development (HCD) and include housing allocation figures in the City's planning documents. Andrew Carter, 1283 Woodside, urged the Council to reject the Draft Regional Housing Needs Plan and legally challenge the allocation numbers at the State level. Mary Beth Schroeder, 2085 Wilding Lane, asserted that the housing shortage was created by Cal Poly. Jerry Bunin, Director of Home Builders Exchange, spoke in favor of accepting the Plan, building the homes and moving on. Cydnev Holcomb, Chair of Residents for Quality Neighborhoods, summarized comments and recommendations in favor of rejecting the Plan outlined in her memorandum (on file in the Office of the City Clerk). Camille Small, 711 Skyline Drive, urged the Council to make demands on Cal Poly to provide more housing on- campus. Brett Cross, 1217 Mariners' Cove, argued that there is room for more housing in SLO and proposed that commercial development be required to either provide it or pay for it via in lieu fees. Michael Sullivan, 1277 Seaward Street, stated that the numbers of new units proposed for SLO are excessive, especially in light of unique constraints to development. Pea Pinard, County Supervisor, argued that there will be a tremendous cost to SLO to accomplish the numbers proposed by HCD and implored the Council to reject the Plan and maintain local control. Patricia Wilmore, SLO Chamber of Commerce, reported that the Chamber has not taken an official position to accept or reject, but noted that 85% of the membership has said that housing is the most important issue to them. She recommended that the Council accept the Plan, not fight the HCD, and make a good faith effort to provide housing. Tom Cantrell urged the Council to reject the Plan and stick to the General Plan, which provides that the City has the right to determine the community's destiny. Steve Barasch, 2602 El Cerrito, said that the City's Zoning Ordinance is outdated and limits possibilities to do in -fill and mixed use development, which would allow for more housing. —end of public comments— Council Member Mulholland expressed opposition to the formula used to develop the allocation numbers and argued that it has resulted in too many units mandated for SLO because of job growth and the commuting patterns. She referenced language from the 1989 1 sample ballot when voters approved Measure G, an advisory measure that called for job and commercial growth rates to be tied to the housing growth rate of 1 %. She expressed an City Council Meeting Tuesday, October 1, 2002 - 7:00 p.m. Page 7 interest in addressing the commercial growth rate and argued in favor of rejecting the Draft Regional Housing Needs Plan, to not accept the allocations, and to work with SLOCOG and other cities in the State to seek relief from HCD mandates. Council Member Ewan remarked that work force housing is needed but that he could not support the numbers proposed and would vote to reject the Plan. Vice Mavor Marx summarized comments in her memorandum (on file in the Office of the City Clerk) urging the Council to reject the Plan and explore other alternatives. MOTION: Moved by Mulholland/Ewan to extend the meeting beyond 11:00 p.m.; motion carried 5-0. Mayor Settle recommended that the Council advise the City's representative Council Member Schwartz) to reject the Plan when it goes to the SLOCOG Board on October 9 . Council Member Schwartz reported that he has voted against the Plan at each step along the way in the SLOCOG review process, but explained that he does not believe other members of SLOCOG will agree to absorb any of SLO's numbers. ACTION: Moved by Mulholland/Marx to reject the draft resolution accepting the Regional Housing Needs Allocation (RHNA) for the City of San Luis Obispo and direct City representative Council Member Schwartz to vote to reject the SLOCOG Draft Regional Housing Needs Plan; motion carried 5 -0. 2. FISCAL IMPACT ANALYSIS OF NEW DEVELOPMENT. 1 ACTION: Moved by Ewan/Marx to continue this item to Tuesday, October 15,2002; motion carried 5 -0. 5. PUBLIC ART SELECTION FOR THE LUDWICK COMMUNITY CENTER REMODEL PROJECT. Assistant to the City Administrative Officer DeJarnette presented the staff report. Artist Mark Jepson presented illustrations and renderings of the art proposed for the center. Public Comments Mary Beth Schroeder, 2085 Wilding Lane, objected to spending money on art for this center and argued for the need of a new senior center. —end of public comments— ACTION: Moved by Marx/Mulholland to approve the Public Art selection for the Ludwick Community Center remodel project and authorize the CAO to sign the agreement with the artist in the amount of $17,500; motion carried 5 -0. 6. DONATION OF CHINESE THEMED PARK IMPROVEMENTS AT THE CORNER OF MARSH AND SANTA ROSA STREETS. Parks and Recreation Director LeSage presented the staff report. Alice Loh on behalf of the Board of Directors of Chinese Garden SLO, presented the conceptual design for the park. Public Comments City Council Meeting Page 8 Tuesday, October 1, 2002 - 7:00 p.m. Speaking in support: Dave Romero, 2057 Skylark Lane Mary Beth, 2085 Wilding Lane —end of public comments— ACTION: Moved by Schwartz[Marx to 1) approve the conceptual design and the donation of park improvements on the City property located at 1095 Marsh Street (corner of Marsh and Santa Rosa Streets) from the Chinese Garden SILO, as recommended by the Parks and Recreation Commission. 2) Authorize the Mayor to sign the Donor Agreement; motion carried 5 -0. 4. HOUSING ELEMENT TASK FORCE. Community Development Director Mandeville, Deputy Community Development Director Draze and Associate Planner Hook presented the staff report. Public Comments: Dave Romero, 2057 Skylark Lane, spoke in favor but recommeded that if the ad hoc group consists of 25 members, it may want to consider forming subcommittees and meeting more than twice per month. Andrew Carter, 1283 Woodside, observed that the proposed membership may not adequately represent homeowners. He also proposed that.the group include a member of the disabled community. Camille Small, 711 Skyline Drive, suggested the ad hoc committee include more neighborhood group representation andfor that the community be divided into quadrants to insure greater representation. Steve Barasch, 2602 El Cerrito, suggested that the mission statement be clarified to avoid confusion and delays, and further that the Council ask for monthly updates. Steve Delmartini, 962 Mill Street, spoke in favor of the recommendations and indicated that the end goal should be a meaningful update to the Housing Element. Pea Pinard. County Supervisor, argued that an executive committee will not allow any meaningful public participation. She spoke in support of the existing Housing Element, noted that it had been adopted after much public input and suggested that the Council identify components of the Element that require revisions and amend it after getting input from the neighborhoods. --end of public comments— Community Development Director Mandeville pointed out that the ad hoc committee is only one of many tools for getting the public involved. He clarified that there will be town hall meetings and more, and that this recommendation is just the beginning of the process. Individual Council comments followed: Council Member Ewan commented that 25 members is too many and proposed a smaller group with good cross - representation of the community. City Council Meeting Tuesday, October 1, 2002 - 7:00 p.m. Page 9 Vice Mayor Marx recommended that all representatives be residents of the City, that the group include a member of the disabled community and possibly liaison members from the Mass Transportation Committee and the Planning Commission, and that some of the categories outlined in the staff report be consolidated. In addition, she proposed that the matter be continued for further discussion until after the SLOCOG action on the Draft Regional Housing Needs Plan. Council Member Mulholland concurred. Council Member Schwartz did not object to continuing the item and suggested that, in the interim, Council and staff consider a simplifed charge for the ad hoc committee that would essentially read: "How might our Housing Element be improved to accommodate the City's housing needs in the next decade, two decades, three decades ?" ACTION: Moved by Marx/Ewan to direct staff to take into consideration the Council comments and bring the matter back on November 12,2002; motion carried 5 -0. COUNCIL LIAISON REPORT Council Member Ewan submitted a written report on the Air Pollution Control District (on file in the Office of the City Clerk). COMMUNICATION Council Member Schwartz requested that his written communication about the Fremont Monument (on file in the Office of the City Clerk) be continued to the next meeting, October 15, 2002. There being no further business to come before the.City Council, M or ettle a ourned the meeting t 12:35 a.m. to Wednesday, October 9, 2002 at No n in e C ui�cil H ring Room, 9 Y 9 990 Palm Street, San Luis Obispo. N APPROVED BY COUNCIL: 10/15102 LP:dr I Lee Price, C.M.C. City Clerk