HomeMy WebLinkAbout02/18/20031
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 18, 2003 — 6:30 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; Mike Draze, Associate Planner;
Shelly Stanwyck, Economic Development Manager; Michael Codron,
Associate Planner
CLOSED SESSION
At 6:30 p.m. the Acting City Attorney provided the closed session announcement. At 6:31 p.m.
the Council adjourned to Closed Session.
CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: 1330 Monterey St.
Negotiating Parties:
Negotiation:
City of San Luis Obispo:
Wendy George, Mike McCluskey
and Shelly Stanwyck
Property Owner:
David Volk and Jeffrey Cole
Whether to Negotiate/Acquire
Acting City Attorney Trujillo provided the Closed Session announcement as follows: The
Council held the Closed Session and direction was given to staff to not pursue
negotiations.
City Council Meeting
Tuesday, February 18, 2003 - 6:30 p.m.
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Mary Beth Schroeder complained that she was not allowed to attend the Closed Session
and demanded to know why. Acting City Attorney Trujillo provided a summary of the
exceptions to the Brown Act that allows Council to meet in Closed Session.
PUBLIC COMMENT
Mayor Romero mentioned that Milo Tappa (former streets supervisor) passed away at the
age of 83. Mr. Tappa worked for the City for 37 years before retiring.
Richie Ray Walker recommended that the City use surplus funds to reinforce and repair wood
stop signs throughout the town.
Dr. Stephen Hansen, Tobacco Control Coalition, voiced concerns regarding tobacco sales to
youth and urged the Council to consider adopting regulations requiring that tobacco retailers
be licensed. (See related discussion under Communications, page 6).
Sifu Kelvin Harrison reiterated claims of discrimination and harassment
Richard Ferris asserted that corruption exists in small towns when a Council promotes a
particular developer.
Mary Beth Schroeder provided patriotic comments and urged the Council to regulate tobacco
sales.
PRESENTATIONS
Mayor Romero presented a proclamation to Karen Lindsay, Second Chance at
Love/Humane Society, for Spay Day 2003.
CONSENT AGENDA
Vice Mayor Mulholland pulled Consent item 3.
ACTION: Moved by Settle/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer, with the exception of Consent Item
3; motion carried 5:0.
C1. MINUTES OF THURSDAY, JANUARY 30. 2003 AND SATURDAY, FEBRUARY 1, 2003.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. STEELHEAD PASSAGE RESTORATION ON COON CREEK - A M
Mayor Romero indicated he would support the recommendation but voiced objection to the
high costs associated with the mandated mitigation.
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City Council Meeting
Tuesday, February 18, 2003 — 6:30 p.m.
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ACTION: Moved by Settle/Mulholland to approve the award of a contract to TRC in
the amount of $120,000 for Engineering Services to design a steelhead passage
restoration project as mitigation for the Water Reuse Project and authorize the
Mayor to sign the contract; motion carried 5:0.
C3. INTER - AGENCY AGREEMENT FOR NARCOTICS TASK FORCE.
Vice Mayor Mulholland pulled to voice opposition because the task force enforces the
federal statute that allows law enforcement agencies to seize property from anyone.
ACTION: Moved by Ewan/Settle to approve a Memorandum of Understanding
(MOU) for operations of the San Luis Obispo County Narcotics Task Force from July
1, 2002, through June 30, 2005, and authorize the Mayor to execute; motion carried
4:1 (Mulholland).
C4. DESIGNATION OF THE SLO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY QWMA) AS THE SOLID WASTE LOCAL ENFORCEMENT AGENCY.
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ACTION: Moved by SettlelMulholland to adopt Resolution No. 9421 (2003 Series)
designating the IWMA as the solid waste Local Enforcement Agency; motion carried
5:0.
PUBLIC HEARINGS
STREET; ARC 113 -01; KEVIN KENNEDY, APPELLANT.
Community Development Director Mandeville presented the staff report and summarized
two different recommendations, one from the CAO and one from the ARC. In response to
Council inquiry, he reported that the art proposed by the applicant was approved by the Art
Jury, and that the Art in Public Places Guidelines were written before the adoption of the
private public art requirement.
Mayor Romero opened the public hearing.
Kevin Kennedy, appellant, provided the methodology behind the theme of the public art and
urged the Council to uphold the appeal.
Mary Beth Schroeder. 2085 Wilding Lane, asked the Council to approve the art.
Mayor Romero closed the public hearing.
Vice Mayor Mulholland concurred with the ARC's determination that the subjects of the art
(dolphins) do not fit into an agricultural setting, as required by Finding #4. Council Member
Ewan emphasized that the art was approved by the Art Jury and suggested that the
Guidelines be modified, if appropriate, to consider privately funded art. Council Member
Settle spoke in favor of the artwork. Council Member Schwartz expressed some concern
about the art being integrated with the monument sign. Vice Mayor Mulholland agreed.
Mayor Romero remarked that he did not object to the signage component of the art piece.
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City Council Meeting
Tuesday, February 18, 2003 - 6:30 p.m.
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ACTION: Moved by Settle/Ewan to adopt Resolution No. 9422 (2003 Series) to
uphold the appeal and determine that the proposed artwork is consistent with the
Guidelines for Public Art as recommended by the Art Jury, and directed staff to
review the criteria in the Art in Public Places Guidelines and consider making a
distinction about public art on private property; motion carried 4:1 (Mulholland).
BUSINESS ITEMS
2. APPROVAL OF LEGAL DOCUMENTS ASSOCIATED WITH THE COPELANDS
PROJECT.
CAO Hampian introduced the item. Economic Development Manager Stanwyck presented
an in -depth staff report. Consultant Kotin and Special Counsel Weiser were also present
for questions and comments.
Public Comments:
Tom Copeland expressed appreciation to City staff for the work involved with the
negotiations and development of agreements.
Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to the project because of the
costs and that the City did not go out to bid.
Brett Cross, 1217 Mariners Cove, expressed disappointment that the project the community
is getting is not what was initially proposed. He shared concerns about costs and added
that the optional housing component is vague and argued that the parking structure
proposed is in an inappropriate location.
Richard Ferris, 365 Branch Street, asserted that, by approving the agreements, the City will
be losing parking spaces, subsidizing the developer and harming downtown retailers. (see
written comments on file in the Office of the City Clerk).
—end of public comments ---
Individual Council comments followed. A majority of the Council spoke in enthusiastic
support of the project and in favor of approving the staff recommendations.
Vice Mayor Mulholland voiced objections to approving the agreements, the project in
general and the process that has led the Council to this point. She argued that there has
been no opportunity for the citizens to discuss with the Council what they want to do with
the public's property. She also shared concerns about potential environmental impacts
and locking up the Palm Street property option.
ACTION: Moved by Ewan/Settle to 1) Approve the Real Property Agreement with
San Luis Obispo Court Street LLC (the "Copelands "). 2) Approve the Payment
Agreement with Palm Street Parking Structure LLC (the "Copelands "). 3) Approve
the Option Agreement with San Luis Obispo Court Street LLC (the "Copelands "). 4)
Authorize the Mayor to execute all three agreements upon receipt of payment by
Copeland of outstanding obligations to reimburse the City for third party consultant
fees. 5) Adopt Resolution No. 9423 (2003 Series) finding that competitively bidding
the Parking Structure is impractical, unavailing and would not produce any
advantage; motion carried 4:1 (Mulholland).
City Council Meeting
Tuesday, February 18, 2003 — 6:30 p.m.
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Mayor Romero called a break at 9:18 p.m. The meeting was reconvened at 9:32 p.m.
' 3. PROPOSED CHANGES TO THE AIRPORT AREA AND MARGARITA AREA SPECIFIC
PLANS AND EIR.
Deputy Community Development Director Draze presented the staff report and responded
to questions from the Council.
Public Comments:
Dave Watson, representing King Ventures (Margarita Area Specific Plan property owner),
spoke in favor of the proposed adjustments and committed to participating in the additional
costs needed to complete the EIR (see letter on file in the Office of the City Clerk).
John French, 3942 Hollyhock, urged the Council to approve and move forward as soon as
possible.
- -end of public comments—
Vice Mayor Mulholland indicated that she would like to see plans for the Margarita Area
Specific Plan move ahead but does not support the annexation of the Airport Area because
of contaminated property owned by Unocal.
ACTION: Moved by Ewan/Settle to endorse adjustments to the draft Airport Area
and Margarita Area Specific Plans to address stakeholder cost concerns, and direct
staff to proceed to hearings on the plans and EIR by September 2003 for the
Margarita Area Specific Plan and January 2004 for the Airport Area Specific Plan;
and to direct staff to evaluate the feasibility of processing tract maps in the
Margarita Area concurrent with the completion of the specific plan; motion carried
4:1 (Mulholland).
4. 2002 -03 MID -YEAR BUDGET REVIEW.
Finance Director Statler summarized the mid year budget review (document on file in the
Office of the City Clerk). ACAO George presented an update on current Major City Goals.
ACTION: Moved by Ewan/Settle to 1) Approve mid -year budget requests for General
Fund operating programs totaling $311,100. 2) Reduce appropriations in the Capital
Outlay Fund for street pavement resealing and resurfacing by $42,000 to account for
reduced State funding for this purpose. 3) Increase General Fund support to the
Creek and Flood Protection Fund to offset reduced revenue estimates of $33,000
from Zone 9. 5) Increase General Fund support to the Golf Fund to offset reduced
revenue estimates of $32,000; motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the February 5"' SLOCOG meeting and the February
11 Downtown Association Board of Directors meeting (reports on file in the Office of the City
Clerk.)
Vice Mayor Mulholland reported on the February 5"' meeting of the County Water Resources
Advisory Committee and the February 12"' Promotional Coordinating Committee meeting.
City Council Meeting
Tuesday, February 18, 2003 - 6:30 p.m.
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COMMUNICATIONS
Council Member Ewan proposed that the Council consider the adoption of a tobacco
licensing ordinance. Vice Mayor Mulholland voiced support and suggested the Council
consider banning tobacco advertising in the City. Acting City Attorney Trujillo agreed to
review a variety of ideas for curtailing tobacco sales and bring back a recommendation for
Council consideration.
CAO Hamaian mentioned Congressman Bill Thomas will be speaking at the Economic Vitality
Corporation meeting February 19m.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:59 p.m. to Tuesday, March 4, 2003 at 7:00 p.m. in the ocll Chamber, 990
Palm Street, San Luis Obispo. I1 A /`-
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 314/03
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