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HomeMy WebLinkAbout11/04/2003MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 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; Jonathan Lowell, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Phil Dunsmore, Associate Planner PUBLIC COMMENT Joanie Brown, SLO County resident, announced a new after school mentoring program for junior and senior high schools every school day at Zion Lutheran Church. Over 20 mentors available to help with homework, art, music, drama, piano lessons, gardening and much more, all free. Sifu Kelvin Harrison, SLO, reiterated claims of discrimination and harassment. Gary Fowler, 777 Mill Street, expressed concern about inconsistencies in the Holiday Parade route map, stating he will be asking for a writ of mandamus regarding the closed streets. He demanded a correct map and wanted to know why residents couldn't park in the city lot on Nipomo and, further, if the Broad Street freeway off -ramp is to be closed. Parks and Recreation Director LeSage reported that the map that went out to the residents is the official map for the 2003 parade. He also noted that the ordinance allowing the street closures does allow for some minor adjustments and responded to questions regarding the streets to be closed to the public. CAD Hampian clarified that the map for 2003 was altered slightly because of construction in the downtown. Mary Beth Schroeder, 2085 Wilding Lane, complained that a business is being conducted out of the home at 2060 Wilding Lane. She also expressed concern about the School District's plan for a proposed community school for high school age children at the site of the old "Sunny Acres" juvenile home. The Mayor reported that the Planning Commission will consider the second item on November 19th. CONSENT AGENDA Item C -2 pulled for public comment. City Council Meeting Page 2 Tuesday, November 4, 2003, 7:00 p.m. Vice Mayor Mulholland provided, for the benefit of the public, additional information in support of Item C -6. Gary Fowler. 777 Mill Street (and member of the SLO Commission on Aging), spoke regarding Item C -8 and stated that no contact was made with the Commission to provide input on this item. He asked Council to delay the matter and added that if the Council chooses to support it, he will write FEMA to urge disapproval of the grant request. ACTION: Moved by Ewan/Mulholland to approve the consent agenda as recommended by the City Administrative Officer, with the exception of Item C -2; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY. OCTOBER 21. 2003 MEETING. ACTION: Moved by Ewan /Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. ADVERTISING IN CITY PARKS. This item was pulled by Mayor Romero to receive comments from the public. Public Comments: Tim Golden. SLO Blues, objected to the restriction of advertising on the side fences at SLO Baseball Stadium and requested that the resolution be modified to allow for it (see correspondence on file in the Office of the City Clerk). He asserted that the restriction was not discussed or approved by the Parks and Recreation Commission or the Joint Use Committee. He added that it is impractical to take the signs up and down and, further, that the restriction will have a negative financial impact.on the Blues. Parks and Recreation Director LeSaae provided the staff report and noted that a revision to the draft resolution had been distributed earlier. The Council accepted the revision. Parks and Recreation Director LeSaae reported that the Parks and Recreation Commission did discuss specifically whether or not signs should be allowed on areas other than the outfield fence and it was their recommendation to not allow signage on the side fences. Speaking in support of the SLO Blues request: Scott Cusick 1457 Monterey Kevin Nichols. 5897 Birkdale Lane Joe Chufar. Avila Beach resident Mike Kimball. 2621 Flora ; Dixon Moore. 778 Peach Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to marketing in the parks. ---end of public comments— Parks and Recreation Director LeSaae responded to questions. Council discussion followed. Vice Mayor Mulholland indicated an interest in approving the Blues request and proposed the following amendment to the resolution: 1) strike "on the outfield fence" in Section #1 and 2) strike #2 entirely. A majority of the Council accepted the amendment. Council Member Ewan urged staff to ensure that the fences are maintained in proper order. 1 City Council Meeting Tuesday, November 4, 2003, 7:00 p.m. Page 3 Council Member Schwartz voiced opposition to approving the Blues request because it would set an undesirable precedence. CAO Hampian suggested that the Council may wish to ask the Joint Use Committee and Parks & Recreation Commission to review the policy in a year to determine if there are issues of concern. ACTION: Moved by Mulholland/Ewan to 1) adopt Resolution No. 9498 (2003 Series). as amended, establishing a policy for the display of advertising in City parks. 2) Direct the staff to return with a resolution amending the City's master fee schedule to set fees for signs at the San Luis Obispo Baseball Stadium at a future Council meeting. 3) Directed staff to review the policy with the JUC and the PRC in one year (after the season ends) to determine if there are issues of concern and report back to Council; motion carried 4:1 (Schwartz). C3. 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATIONS. SPECIFICATION NO. 90389. C4. 1 C5. C6. ACTION: Moved by Ewan/Mulholland to 1) approve specifications for 2003 CDBG Curb Ramp Installations "Specification 90389 ". 2) Authorize staff to advertise for bids. 3) Authorize award by City Administrative Officer to the lowest responsible bidder if bid is within Engineer's estimate; motion carried 5:0. ACTION: Moved by Ewan/Mulholland to grant final passage to Ordinance No. 1442 (2003 Series); motion carried 5:0. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9499 (2003 Series) approving an Addendum to the Memorandum of Agreement between the City and the San Luis Obispo Police Staff Officers' Association; motion carried 5:0. ACTION: Moved by Ewan/Mulholland to 1) adopt Resolution No. 9500 (2003 Series) supporting a November 2004 statewide ballot. initiative that would require voter approval before California State government seizes local tax funds for statewide use; and 2) Designate the Mayor to be the City's liaison to the League of California Cities with regard to this initiative effort, motion carried 5:0. C7. FLEET REPLACEMENT - AERIAL LIFT TRUCK. SPECIFICATION NO. 90426. ACTION: Moved by Ewan /Mulholland to authorize the City Administrative Officer to approve a cooperative procurement via purchase order to Altec Industries in the amount of $122,854.88 for one Altec LR V60E -70 aerial lift truck; motion carried 5:0. City Council Meeting Page 4 Tuesday, November 4, 2003, 7:00 p.m. C8. GRANT APPLICATION FOR YOUTH AND SENIOR HAZARD PREVENTION EDUCATION PROGRAM. ' ACTION: Moved by Ewan /Mulholland to authorize staff to submit a grant application in the amount of $20,000 to the Federal Emergency Management Agency (FEMA) under the Fire Prevention and Safety Grant Program to assist in funding the Fire Department's Youth and Senior Hazard Prevention Education Program; motion carried 5:0. C9. INTERIM TRAINING OFFICER. ACTION: Moved by Ewan/Mulholland to authorize the Fire Department to establish an interim Training Officer position, at no added cost to the City; motion carried 5:0. C10. DEED OF GIFT FOR DOWNTOWN ARTIFACTS. ACTION: Moved by Ewan/Mulholland to 1) approve the Deed of Gift to the San Luis Obispo County Archaeological Society for the significant artifacts resulting from the Downtown Utility Pipeline Installation Projects, Specification No.s 90241 and 90261. 2) Authorize the Mayor to sign the Deed of Gift; motion carried 5:0. PUBLIC HEARINGS 2003 -04 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN Police Chief Linden presented the staff report. Mayor Romero opened the public hearing. There were no public comments. Mayor Romero closed the public hearing. 2. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9501 (2003 Series) approving an expenditure of $21,232 in 2003/04 Local Law Enforcement Block Grant Funds, with a required local City match of $2,359, to fund equipment and training to enhance public safety services, as recommended by the Chief of Police; motion carried 5:0. STATION. Council Member Settle recused himself from deliberations on this item due to a potential conflict of interest (resides in the area), stepped down from the dias and left the Chamber. Community Development Director Mandeville and Associate Planner Dunsmore presented the staff report. Deputy Public Works Director Bochum responded to questions about the traffic mitigation measure relating to the proposed realignment of Calle Joaquin. Public Works Director McCluskev responded to questions regarding creek culvert improvements. EIR Consultant Mary Reents (The Morro Group) addressed proposed cumulative air quality and drainage impacts and recommended that the Council certify the EIR with findings of overriding considerations. In addition, she summarized mitigation measures to address drainage and prevent flooding. Associate Planner Dunsmore noted that staff is recommending that a new condition be added to the resolution approving the use permit that would make it effective concurrent with the City Council Meeting Page 5 Tuesday, November 4, 2003, 7:00 p.m. effective date of an ordinance repealing SLO Municipal Code Section 5.36.020 (which prohibits the concurrent sales of fuel and alcoholic beverages at service stations) and modifying Section 17.080.040 (which allows for concurrent sales of beer and wine). Council questions to staff and the EIR consultant followed. Break called at 9.09. At 9:19 the meeting resumed. Mayor Romero opened the public hearing. Todd Bartok, applicant's representative ( Costco Development Manager), commented in support of the staff recommendation with one exception. He requested that mitigation measure AO- mm -Ilj (requiring the implementation of a lunch time shuttle to reduce single occupant trips) be stricken because the store will have a large breakroom and offer a variety of food service options on -site for the employees. He noted that the mitigation measure might be appropriate for an office building, but not this project. Staff did not have any objections to the elimination of the mitigation measure. Todd Bartok explained why Costco requested an interim solution for the realignment of Calle Joaquin, tiut added that the alternative was no longer a viable option. In response to inquiry from Council Member Schwartz, Mr. Bartok reported that the landscaping plan was discussed at length with the Architectural Review Commission and more discussions will follow. Council Member Schwartz voiced concern about the time it will take for trees to grow to a height sufficient to break up the building mass. He suggested that the trees be planted in groupings with some higher than the building to accomplish this. Mr. Bartok indicated that it would be difficult to install trees large enough to reach 33 feet in height to start. Council Member Ewan added that the south side of the building should be shaded by trees to camouflage the back of the building from the open space. Mr. Bartok indicated a willingness to accommodate that request. Brett Cross, 1217 Mariner's Cove, summarized concerns and suggestions proposed in his communication to the Council (on file in the Office of the City Clerk). He suggested that Costco be required to provide on -line ordering services with free delivery to reduce trip traffic. Additionally, he commented that the studies done did not adequately examine impacts to Madonna Road and Oceanaire Avenue. Michael Sullivan, 1127 Seaward Street, asked for clarification about certain traffic impact mitigation measures (see communication on file in the Office of the City Clerk). Mary Beth Schroeder, 2085 Wilding Lane, said she opposes big box stores and the sale of alcoholic beverages at any fueling station. Lee Ferrero, Los Osos resident, spoke in favor of approving the use permit. He observed that there will be some impacts but complimented the applicant on the sensitivity of the design. Andrew Carter. 1283 Woodside Drive, spoke in support of the recommendations and urged approval. Mayor Romero closed the public hearing. ' Deputy Public Works Director Bochum responded to Michael Sullivan's questions. City Council Meeting Page 6 Tuesday, November 4, 2003, 7:00 p.m. Council comments on the EIR followed. Council Member Ewan, Council Member Schwartz and Mayor Romero provided favorable comments. Vice Mayor Mulholland requested that all air quality mitigation measures that say "should" be changed to "shall ". EIR Consultant. Reents explained that these particular mitigation measures are worded straight out of APCD recommendations and are intended to be "toolbox" mitigation measures. She added that the applicant has some flexibility about which ones to choose. There was no support for change recommended by the Vice Mayor. Vice Mayor Mulholland objected to approving the statement of overriding considerations primarily because she believes the project will have negative impacts on air quality. She added that there have been no economic studies to demonstrate that there will be "significant tax revenue" and argued that the goods and services are already available to City residents. She voiced concern about where employees are to live and concluded that she would not vote to certify the EIR. ACTION: Moved by Ewan/Schwartz to 1) adopt Resolution No. 9502 (2003 Series), as amended (delete AO.mm.11.1), certifying the Final EIR with findings of overriding considerations relative to drainage and air quality; motion carried 3:1:1 (Mulholland opposed, Settle recused). Note: the CAO recommendation that the original mitigation measure wording for TR -MM 2a (regarding the timing of Calle Joaquin realignment project) remain as originally proposed in the EIR was accepted. Council discussion regarding the use permit followed. Vice Mayor Mulholland strongly opposed granting the use permit for reasons including: there is no housing proposed for employees, the jobs will be low paying, there will be environmental _ consequences and negative impacts (including noise, traffic, drainage, visual, economic and growth). She voiced concern about putting a gas station over one of the City's aquifer and proposed that the gas station component of the project be eliminated because it doesn't fit with the City's existing ordinances. Council Member Schwartz spoke in support. of granting the use permit and noted that this type of project was contemplated when the Council amended the General Plan in 1994. As a result of the EIR and recommendation by the Planning Commission, it is an appropriate time to approve this project. To make the project more visually acceptable, he suggested that the applicant re- evaluate the landscaping plan and consider the City's signage regulations. He proposed an amendment to the resolution, as follows: Regarding #2 of Section 2 (Approval): add at the end of the sentence, "including compliance with the City's signage regulations ". A Council majority accepted the amendment. Community Development Director Mandeville proposed that the following language be added to Section 2 (Approval) to address Council Member Schwartz's concerns regarding the landscaping plan: "Tree species will be selected to insure that the eventual height will intermittently break the plane of the roof line. Tree clusters shall follow the slopes of the Irish Hills to the south side of the building and be added to the landscaping of the parking area." A Council majority accepted the amendment. Council Member Ewan and Mayor Romero spoke in support of approving the Use Permit. City Council Meeting Page 7 Tuesday, November 4, 2003, 7:00 p.m. At 11 :00 p.m. the Council agreed to continue the meeting past the hour of eleven. City Attorney Lowell provided legal advice relating to the staff's recommendation to add an effective date to the Use Permit. He explained that a month ago the Council directed staff to look again at our local ordinance prohibiting concurrent sales of fuel and alcohol, and the overall prohibition of alcohol sales at service stations. Staff will be bringing the matter back to the Council but in the meantime there is still some concerns by those who ownloperate service stations in town. He reported that he has negotiated with legal counsel for the City's local service stations and with representatives of Costco, and the result has been the compromise of adding an effective date provision to the draft resolution. If accepted, the use permit will have an effective date the same as the effective date of the ordinance amending the City's policy regarding concurrent sales (anticipated to be in effect in approximately 21/2 months). In response to concerns raised by Council Member Schwartz, the City Attorney clarified that the current ordinance prohibits a service station from selling alcoholic beverages, but the ordinance broadly defines service station. To protect the City and avoid a lawsuit, he suggested that the effective date of the use permit be delayed to prevent it from being overturned in a court of law. In addition, he strongly recommended the approval of the findings included in the draft resolution. ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9503 (2003 Series), as amended, granting conditional approval of a Use Permit to allow a 140,000 square foot warehouse store and a fueling center, based on findings, and subject to conditions, code requirements and mitigation measures; motion carried 3:1:1 (Mulholland opposed, Settle recused). Council Member Settle returned to the dias. BUSINESS ITEMS 3. FIRST QUARTER 2003 -04 FINANCIAL STATUS REPORT. Finance Director Statler presented the status report. Public Comments Andrew Carter, 1283 Woodside Drive, expressed concern about the next two year cycle because of current and negative financial trends. ---end of public comments-- - ACTION: Report accepted. 4. RESULTS OF REVENUE BALLOT MEASURE FEASIBILITY ANALYSIS. Finance Director Statler provided the results of the revenue measure feasibility analysis prepared by The Lew Edwards Group. He recommended that the Council direct staff to return in March 2004, concurrent with the Storm Drainage Master Plan, with an analysis of the possibility of forming an assessment district to help fund creek and flood protection improvements and maintenance, including storm drain repairs. He added that there is no fiscal impact associated with this recommendation. City Council Meeting Tuesday, November 4, 2003, 7:00 p.m. Page 8 Public Comments: Mary Beth Schroeder, 2085 Wilding Lane, argued that the City has done too many analyses, and asserted that it's time to "tighten our belts ". - - -end of public comments — ACTION: Report received. Moved by Settle/Mulholland to direct staff to further evaluate the possibility of forming an assessment district . to help fund creek and flood protection improvements and maintenance, including storm drain repairs; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Mulholland reported as liaison for Mardi Gras that the following statement was approved and signed off on: "We are actively working together to ensure that a San Luis Obispo Mardi Gras is a safe, local, creative celebration for all ". COMMUNICATIONS None. There being no further business to come before the City Council, the meeting at 12:01 a.m. to Tuesday, November 18, 2003 at 4:00 990 Palm Street, San Luis Obispo. j\ City APPROVED BY COUNCIL: 11 /18/2003 LP:jo Romero a ourn d the Coun it Cha ber, ;.M.C. 1