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HomeMy WebLinkAbout02/04/20037 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 4, 2003 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle, Vice Mayor Christine Mulholland, and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Gil Trujillo, Acting City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Jill Sylvain, Personnel Analyst; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Principal Administrative Analyst; Pam Ricci, Associate Planner; Michael Codron, Associate Planner; Glenn Matteson, Associate Planner; Ron Combs, Arborist; Neil Havlik, Natural Resources Manager Vice Mayor Mulholland asked to withdraw Item #6 and forgo consideration due to time and funding constraints. ACTION: Moved by Settle/Mulholland Item #6 was removed from the agenda; motion passed 5:0. PUBLIC COMMENT Lionel Johnston. Morro Bay resident, reported on last Saturday's work day at Whale Rock Reservoir. He noted that trees and shrubs were planted thanks to the efforts of many volunteers working with donated materials from several local businesses. Mary Beth Schroeder, 2085 Wilding Lane, provided patriotic comments. Suzanne Miller, 1304 Ella St, and Charlie Senn, 178 Broad, asked the Council to consider the critical need for larger medical office space in SLO and to take action to change certain Land Use Element policies that prohibit these uses in the airport area. Staff was directed to return with a discussion of large medical office uses as part of the Annual Report on General Plan Implementation. Kelvin Harrison, SLO, reiterated claims of discrimination and harrasment. City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. Page 2 Jan Marx, 265 Albert Dr., provided some suggestions to the Council about their upcoming selection of a new City Attorney. CONSENT AGENDA Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to Consent items 2, 3 and 7. Kara Blakeslee, Land Conservancy, spoke in support of Consent item 9. Sara Home, President of League of Women Voters, spoke in favor of Consent item 9. Vice Mayor Mulholland commented in support of Consent item S. She noted the presence of Amena Atta, wife of the late Bill Roalman. Mayor Romero indicated that he would like to discuss design issues. CAO Hampian reported that the Council will have the opportunity to discuss design related matters when staff brings back for consideration the plans and specifications for the project. ACTION: Moved by Ewan/Settle to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY JANUARY 7, 2003. TUESDAY, JANUARY 14, 2003, AND TUESDAY, JANUARY 21, 2003. ACTION: Moved by Ewan/Settle to waive oral reading and approve as presented, with amendments; motion carried 5:0. C2. WATER REUSE MASTER PLAN. ACTION: Moved by Ewan/Settle to 1) Approve contract with Dudek and Associates for the development of the Water Reuse Master Plan for an amount not to exceed $124,390. 2) Authorize the Mayor to award the contract, and appropriate $62,200 from the State Grant revenues and $62,200 from Water Fund Working Capital to fund this cost; motion carried 5:0. C3. ACTION: Moved by Ewan/Settle to 1) Award a contract in the amount of $709,900 to Maino Construction for the "Ludwick Community Center Remodel ", Specification No. 90163B. 2) Authorize the Mayor to execute the contract. 3) Approve transferring $111,144 from the Capital Outlay Fund completed projects account to the Ludwick Community Center Project account; motion carried 5:0. C4. ACCEPTANCE OF STATE GRANT OF $91.860 TO INCREASE ALCOHOL EDUCATION AND ENFORCEMENT. ACTION: Moved by Ewan /Settle to 1) adopt Resolution No. 9413 (2003 Series) to increase enforcement and education programs focusing on underage drinking and alcohol sales to minors with grant funding of $91,860 provided through the Alcoholic Beverage Control (ABC) in cooperation with the Office of Traffic Safety (OTS). 2) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. Page 3 C5. NAMING OF THE BILL ROALMAN BICYCLE BOULEVARD AND BUDGET FOR THE BICYCLE BOULEVARD PROJECT ON MORRO STREET — SPECIFICATION NO. 90195. ACTION: Moved by Ewan/Settle as recommended by the Bicycle Advisory Committee, the Cultural Heritage Committee and the Architectural Review Commission, to adopt Resolution No. 9414 (2003 Series) naming the bicycle boulevard on Morro Street, "The Bill Roalman Bicycle Boulevard ". 2) Approve the following transfers and appropriations to the Morro Street Bicycle Boulevard project budget: a) Transfer of $57,500 from the Downtown Access Improvements Project budget. b) Transfer of $120,000 from the Morro -Santa Barbara Traffic Signal Installation Project budget. c) Appropriation of $108,000 in Bicycle Transportation Account (BTA) grant revenue. d) Appropriation of $120,000 in Urban State Highway Account (SHA) grant revenue; motion carried 5:0. C6. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9415 (2003 Series) approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association; motion carried 5:0. C7. FINAL CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT FOR MARSH STREET GARAGE EXPANSION PROJECT. ACTION: Moved by Ewan/Settle to approve contract Amendment No. 2 for additional construction management services to Harris & Associates in the amount of $200,794 and authorize the Mayor to sign the contract amendment; motion carried 5:0. C8. ORDINANCE NO. 1430 (2003 SERIES) REZONING PROPERTY AT 3301 ROCKVIEW FROM R -2 -S TO R -2 -PD: PD/TR/ER 155 -02. ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1430 (2003 Series); motion carried 5:0. C9. RESOLUTION SUPPORTING THE FRAMEWORK OF A CONSERVATION TRANSACTION BETWEEN THE AMERICAN LAND CONSERVANCY AND THE HEARST CORPORATION FOR THE HEARST RANCH IN NORTHWESTERN SAN LUIS OBISPO COUNTY. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9416 (2003 Series) supporting the "Conservation Framework" of an Agreement between the American Land Conservancy (ALC) of San Francisco, and the Hearst Corporation, regarding development restrictions, environmental protection, and public access to portions of the 82,000 acre Hearst Ranch in northwestern San Luis Obispo County; motion carried 5:0. J City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. Page 4 C10. RESOLUTION SUPPORTING S2535, THE CALIFORNIA WILD HERITAGE ACT OF 2002. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9417 (2003 Series) supporting S2535 the "California Wild Heritage Act of 2002 ", submitted to the Congress by Senator Barbara Boxer, which designates a wide variety of public lands in California as Wilderness, including five areas in San Luis Obispo County, as requested by the nonprofit California Wild Heritage Campaign; motion carried 5:0. PUBLIC HEARINGS 1. Associate Planner Ricci presented the staff report. She noted three revisions to the conditions of approval and mitigation measures to correct or clarify language (Condition 12, and Mitigation Measures 9b and 11). The Council accepted the modifications. Natural Resources Manager Havlik discussed minor creek setback issues and described the creek habitat restoration project contemplated for the development. Questions to staff followed. Mayor Romero opened the public hearing. Dave Watson, representing the applicant (King Ventures, 290 Pismo Street), spoke to the merits of the concept design and addressed parking issues. He reported that building construction will be done in phases but emphasized that the construction of all of the parking will be done in the first phase. This will provide for an opportunity to evaluate the adequacy of the parking provided on -site. He described parking programs contemplated for the hotel complex. In addition, the applicant provided comments regarding the creek restoration project and explained condominium use occupancy limitations and restrictions. He also described the condition of the bungalows, explained that it would be impossible to restore them, and noted that the bungalows will be replaced with new ones in the same building footprint. He accepted the changes proposed by staff, noting some exceptions to Mitigation Measure 9. In closing, he urged Council to approve the recommendations of staff. Mary Beth Schroeder, 2085 Wilding Lane, commented that she would like to see the Motel Inn restored to its original state. Mayor Romero closed the public hearing. Council Member Schwartz indicated that he was not able to see the architectural connection between the Victorian style proposed for the condominiums and the Mediterranean style proposed for the Inn. He asserted that he would like to see the project delayed in hopes that the architect would come up with another design concept. Mayor Romero observed that the traffic movement improvements proposed will improve safety for those going on the freeway. He voiced concern about the amount of parking and argued that it will not be enough. In addition, he suggested that parking reserved for delivery and/or service vehicles be expanded. Council Member Ewan urged staff to monitor parking closely and to examine any impacts to the neighborhood. City Council Meeting Tuesday, February 4, 3003 - 7:00 p.m. Page 5 ' ACTION: Moved by SettlefEwan, as recommended by the Planning Commission on January 8, 2003, to adopt Resolution No. 9418 (2003 Series), as amended, to a) Approve a Use Permit to allow further development of a site in the C -T -S zone, based on findings including required findings in support of requested creek setback exceptions, C /OS building height exceptions, a mixed -use and shared parking reduction, and adopting a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements. b) Resolution No. 9420 (2003 Series), as amended, to approve a Tract Map to create a commercial condominium for the proposed new building known as the Apple Farm Phase 2, based on findings including adoption of a Negative Declaration of environmental impact with Mitigation Measures, and subject to conditions and code requirements; motion carried 4:1 (Schwartz opposed). Mayor Romero called a recess at 8:49 p.m. The meeting resumed at 9:09 p.m. 2. APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST; MICHAEL R. BOTWIN, APPELLANT. Council Member Ewan announced that he has a potential conflict of interest and stepped down (applicant lives in his neighborhood). Public Works Director MCCluskev and Arborist Combs presented the staff report and responded to questions. Tree Committee Chair Caminiti was also present to respond to questions. ' Mayor Romero opened the public hearing. Mike Botwin, appellant, summarized his concerns about the removal of three Modesto Ash street trees and encouraged the Council to consider options to save the trees. Applicants Will and Melinda Jones spoke to the merits of the tree removal request. Mr. Jones noted that the trees have steadily deteriorated, are not frequently sprayed and create a terrible mess. He argued that the trees are unhealthy and that he would like to remove and replace them. Mrs. Jones noted there is no continuity of tree types in the neighborhood. Andrew Carter, 1283 Woodside Drive, urged the Council to reverse the Tree Committee decision at least for two trees. He pointed out that the tree next to the driveway seems to be the largest and creates more damage to the sidewalk, but argued that the other two do not meet the findings for removal. Mayor Romero closed the public hearing. Vice Mayor Mulholland reported that after visiting the site she does not believe there are sufficient reasons to remove two of the three trees. She proposed that the applicant be allowed to remove one tree, which is near the driveway. Council Member Settle concurred. At the request of Council, the applicants described their plans to replant and landscape. Remove and replace with deep root boxes, approved City trees. Council discussion ensued. Council Member Schwartz spoke in favor of upholding the appeal. City Council Meeting Page 6 Tuesday, February 4, 2003 - 7:00 p.m. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9419 (2003 Series), as revised, upholding and denying the appeal (two trees may be removed, one to remain). (3:1:1, Schwartz opposed, Ewan refrained due to a potential conflict of interest). BUSINESS ITEMS 3. SCOPE OF WORK AND SHARED COSTS FOR AN ENVIRONMENTAL IMPACT REPORT FOR THE ORCUTT AREA SPECIFIC PLAN (ER 209 -98). Associate Planner Matteson presented the staff report and clarified that the initial cost of the EIR to the City's General Fund will be $90,500. The property owners will provide matching funds, for a total of $181,000. Vice Mayor Mulholland stated that she objects to going out for an EIR without a specific plan. Associate Planner Matteson presented the latest version of the concept plan and Community Development Director Mandeville advised that in order to do an EIR you need a project description, not a full plan. Council Member Settle argued that the applicant has clearly defined by the project. Public Comments: Applicant Jeanne Helphenstine, 2312 Brant Street in Arroyo Grande (speaking for herself and her mother Barbara Parsons), explained that she is hoping to continue the process, share costs and discuss the scope of work for the EIR. She argued against including in the EIR a design alternative study. Andrew Merriam, Canon Associates, (on behalf of four of the applicants) used a map to demonstrate property ownership and to emphasize the difficulty of achieving a specific plan when nine property owners don't want to participate. He suggested modifications to the scope of the EIR (see letter on file in the Office of the City Clerk), primarily to keep the costs in check and to meet the needs of everyone. Leo Evans. 2248 Glacier Lane in Santa Maria (owns five acres of property in the planning area), objected to being included in the specific planning area and argued that to do so will be placing an unfair lien on his property. He doesn't see the property suitable for building, questioned the density proposed, and asserted that there will be increased cost to develop. Nick Muick 3731 Orcutt Road, (speaking for himself and three other property owners: Phyliss Emil, Jean Anderson and Paul Garay) spoke in objection to being included in the specific plan and in the preparation of the EIR. He asserted that EIR consultants would not be allowed on their properties. John Belsher, 2606 El Cerrito, spoke in support of the modifications proposed by the applicant to the scope of work for the EIR. He also encouraged the Council to settle the argument about the school site soon by taking the matter to the Airport Land Use Commission. Andrew Carter, 1283 Woodside Drive, proposed that the EIR consider traffic impacts and, rather than study the bicycle and pedestrian connection, consider an at -grade car crossing at Industrial Way. 1 1 City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. Page 7 Applicants Phil and David Gray, 1320 Archer (Mid -State properties), spoke in support of the staff recommendation and modifications proposed for the EIR scope of work. They encouraged the Council to proceed with the EIR. Steve Delmartini. 962 Mill, spoke in favor of the City's participation in the cost of the EIR. He asked City staff to comment on the claim presented by Mr. Evans. Wes Burke. 962 Mill Street, commented in support and urged the Council to take this opportunity to create housing affordability. —end of public comments— Acting City Attorney Trujillo advised that the Council's action would not result in any liens and explained that if an annexation is proposed and approved by LAFCO, costs would be recouped at the time of development. He stated that no fees will be assessed if a property owner chooses not to develop. Finance Director Statler emphasized that no financial strategy proposed or discussed ever included any placing of liens. Vice Mayor Mulholland voiced opposition to the City participating in the cost of the EIR because the Council has not yet seen a specific plan and the property owners will benefit if and when they sell or develop their land. Council discussion followed regarding the six modifications for the EIR scope of work. proposed by Andrew Merriam. Staff provided advice and comment. Acting City Attorney Trujillo cautioned that it would be better to allow the analysis to be done by a consultant rather then allow for the EIR to be subject to a legal challenge. ACTION: Moved by Settle/Ewan to 1) approve the Request for Proposal (RFP) for the Orcutt Area EIR, and authorize the City Administrative Officer to award the contract if it is within the contract estimate of $120,000, subject to prior receipt of funds from the applicants for their share of the contract and administrative costs. 2) Authorize the City Administrative Officer to approve and issue an RFP to prepare an alternative design emphasizing cluster and courtyard development; and to award the contract if within the contract estimate of $25,000, subject to prior receipt of funds from the applicants for their share of the contract costs. 3) Approve funding 50% of the total cost of the EIR ($156,000, including administrative costs of 30% in conformance with City policy) and alternate design services ($25,000), and appropriate $90,500 from the General Fund unreserved balance for this purpose, with the balance ($90,500) to be paid by the property owners prior to any contract awards by the City Administrative Officer; direct that the City's share of these costs will be reimbursed at the time of development in the manner set forth in the specific plan infrastructure financing program. 4) Adopt the following criteria for considering any future requests by other applicants for City financial participation in funding an EIR: The City will consider financially participating in the cost of EIR preparation only when it is for a specific plan, there are a significant number of property owners, and the City wants to encourage expedited preparation as a high community-wide priority; motion carried 4:1 (Mulholland opposed). At 11:20, the Council reviewed the ba lance of the agenda and mutually agreed to complete the agenda. 4. TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK. Parks and Recreation Director LeSage presented the staff report. City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. Page 8 Public Comments: Gordon Bell, Bell and Associates (representing Cingular Wireless), proposed that the lease agreement provides a "win -win" solution for both the City and Cingular Wireless. Andrew Carter, 1283 Woodside Drive, used photographs of the park in its present state to argue that too much green space will be removed. He demonstrated an alternative design for the parking lot. Mary Beth Schroeder, 2085 Wilding Lane, voiced strong opposition to the recommendation because she believes the park will be negatively impacted by the facilities. —end of public comments— Vice Mayor Mulholland asked that if the cellular equipment would be removed if the lease is terminated for any reason. Acting City Attorney Trujillo noted that Section 17 of the contract contemplates this and provides that the lessee would be required to remove it, if they terminate the lease. In response to inquiry from Mayor Romero, staff reported that resurfacing of the Oak Street parking lot will be done by the City. Vice Mayor Mulholland suggested additional landscaping to screen the parking lot. ACTION: Moved by Mulholland/Ewan, as recommended by the Parks and Recreation Commission, the Architectural Review Commission, and the Planning Commission, approve a lease agreement with Cingular Wireless for a telecommunications facility at Santa Rosa Park, which includes the plans and specifications for park improvements (to be completed for a guaranteed maximum price of $227,083 by Cingular Wireless). Staff directed to ensure ample landscaping for screening the parking lot at the corner of Santa Rosa and Oak; motion carried 5:0. 5. RESULTS OF COUNCIL GOAL SETTING CAO Hamaian and Finance Director Statler presented the brief staff report. There were no public comments. ACTION: Moved by Settle/Mulholland 1) Set direction for the 2003 -05 Financial Plan by affirming Council goals as established at the February 1, 2003 workshop. 2) Approve a conceptual budget balancing strategy that includes an appropriate combination and weighing of five key factors: CIP reductions and deferrals; strategic use of fund balance; revenue enhancements allowed under Proposition 218; organization -wide cost reduction strategies; and operating program reductions; motion carried 5:0. 6. CONSIDERATION OF AN INVITATION BY "CITIES FOR PEACE" TO SEND A COUNCIL DELEGATE TO WASHINGTON D.C. ON FEBRUARY 13.2003 Withdrawn, no action (see motion on Page 1). it F1 1 City Council Meeting Tuesday, February 4, 2003 - 7:00 p.m. COMMUNICATIONS Page 9 Vice Mayor Mulholland reported that she had visited the SLO Botanical Gardens on January W and participated in last weekend's work day at Whale Rock Reservoir. COUNCIL LIAISON REPORTS Vice Mayor Mulholland provided reports on the January 23rd Student Community Liaison Committee meeting, the January 24h CMC Citizens Advisory Committee meeting, and the January 30d' City/University Luncheon. There being no further business to come before the City Council, the meeting at 11:49 p.m. to Tuesday, February 18, 2003 at 7:00 p. 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 314/2003 LP: jo Lee Price, C.M.C. City Clerk it Romero adjourned the Council Chamber,