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HomeMy WebLinkAbout07/06/20041 _J MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 6, 2004 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan and Christine Mulholland, Vice Mayor Ken Schwartz and Mayor Dave Romero Absent: Council Member Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Diane Reynolds, Deputy 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; Betsy Kiser, Principal Administrative Analyst; Pam Ricci, Senior Planner; Shelly Stanwyck, Economic Development Manager; Tim Bochum, Deputy Director Public Works; Ron Whisenand, Deputy Director Community Development PUBLIC COMMENT Jerry Moore, San Luis Obispo, on behalf of ECOSLO, expressed concern about the environmental, social and economic impacts of the proposed Prado Road interchange, alignment and connection to Broad Street and requested that the alignment be staked out. Nick Muick San Luis Obispo, expressed concern regarding the proposed Prado Road alignment and connection to Broad Street. He requested that the alignment be staked out. Jan Marx. San Luis Obispo, introduced the formation of a new citizen activist group called Citizens For Planning Responsibly (CPR) (letter on file in the City Clerk's Office). Bill Wilson, San Luis Obispo, stated that the proposed Prado Road alignment would cut off the open space area from the sports fields resulting in the following negative effects: increased noise and air pollution, threat to wildlife, water problems, reduction of bike access, reduction of educational opportunities and recreational potential, and redundant to South Street and Tank Farm Roads. He requested that the alignment be staked out. Alex Crozier, San Luis Obispo, stated that he is concerned about the proposed Prado Road alignment and the impact on the soccer fields, which are not an official size. He requested that the alignment be staked out. Mary Beth Schroeder. San Luis Obispo, ask Council to stop the greed and save the City. City Council Meeting Tuesday, July 6, 2004, 7:00 p.m. Page 2 Bill Bowman, San Luis Obispo, stated that the soccer fields are not official size and that the proposed Prado Road alignment may interfere with the size of the soccer fields. He stated that official soccer fields would bring tournaments to the City and an economic boost Michael Sullivan, San Luis Obispo, requested that the proposed Prado Road alignment be staked out for the public to review. He feels there is a better solution to the proposed alignment. Mark Buckman, San Luis Obispo, requested that the Prado Road alignment be staked out. Larry Stadler, San Luis Obispo, stated that there is no need for four lanes on the Prado Road extension, that the lanes would promote too much traffic. Al. APPOINTMENT RECOMMENDATIONS TO THE MASS TRANSPORTATION COMMITTEE (MTC). ACTION: Moved by Ewan/Mulholland to 1) Appoint Jose Lemus to an unexpired term as the Member at Large on the MTC to begin July 13, 2004 and end on March 31, 2007. 2) Appoint Dustin Dravland Robinson to an unexpired term as the Student Representative on the MTC to begin July 13, 2004 and end on March 31, 2005; motion carried 4:0. CONSENT AGENDA ACTION: Moved by Schwartz/Ewan to approve the consent agenda as recommended by the City Administrative Officer; motion carried 4:0. Cl. APPROVE MINUTES OF TUESDAY, JUNE 15.2004 REGULAR MEETING. ACTION: Moved by SchwartzlEwan to waive oral reading and approve as presented; motion carried 4:0. C2. EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR. ACTION: Moved by SchwarhJEwan to adopt Resolution No. 9587 (2004 Series) approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and Promotions Coordinator; motion carried 4:0. C3. MARSH STREET SEWER IMPROVEMENT PROJECT, SPECIFICATION NO. 90248. ACTION: Moved by Schwartz/Ewan to 1) Approve plans and specifications for "Marsh Street Sewer Improvement Project, Specification No. 90248." 2) Authorize staff to advertise for bids for Specification No. 90248 and authorize the City Administrative Officer to award the contract to the lowest responsible bid that is within the Engineer's Estimate; motion carried 4:0. C4. STREET RECONSTRUCTION AND RESURFACING PROJECT, SUMMER 2004, SPECIFICATION NO. 90407. 1 City Council Meeting Tuesday, July 6, 2004, 7:00 p.m. Page 3 ACTION: Moved by Schwartz/Ewan to approve the award to and execute a contract with R. Burke Corporation in the amount of $1,787,768 for the Street Reconstruction and Resurfacing Project, Summer 2004, Specification No. 90407; motion carried 4:0. Mavor Romero reviewed the format and speaker rules for the public hearing. PUBLIC HEARINGS CONSIDERATION OF A FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND COUNTY TAX SHARING AGREEMENT, AND APPEAL OF THE PLANNING COMMISSION'S REJECTION OF AN ANNEXATION, PREZONING, INCLUDING PRELIMINARY DEVELOPMENT PLAN FOR THE RETAIL COMPONENT, GENERAL PLAN AMENDMENT, USE PERMIT, AND RELATED ACTIONS, FOR THE DALIDIO ANNEXATION/SAN LUIS MARKETPLACE DEVELOPMENT (ANNX/GP/R/PD/U/ER 108- 02): 2005 DALIDIO DR. Community Development Director Mandeville and Senior Planner Ricci presented the staff report. Ernie Dalidio. San Luis Obispo, asked Council to support the project, and thanked City and County staff for many hours of work on the project. Andrew Merriam. Cannon Associates, discussed the major issues that project applicants had to work through, such as a balance of open space, housing in the airport safety zone, and flooding. Bill Bird. SC Properties, spoke in support of the project referring to its many positive aspects, such as open space, new retail, sales tax, and good architecture. Brian Wolf, project architect, spoke in support of the project highlighting its green design, public art, landscaping, fountains, and craftsman design. Mayor Romero opened the public hearing. James Kilmore, Cal Trans, provided information regarding hydrolics issues and mitigation stategies for water run -off for the proposed Prado Road interchange and stated that Cal Trans was ready to work with the City on the Prado Road Interchange Project. The following people spoke in support of the San Luis Marketplace project. Michael Skiles, representing Lowes Jim Hanson, Corta Madera, CA, representing Larkspur Hotels Brad Syversom, Minneapolis, MN, representing Target Paul Boniour, San Luis Obispo Michael Boone, Fresno, representing Lowes Tiffany Gray. San Luis Obispo Kathie Haley, San Luis Obispo Dennis Allan, Arroyo Grande Andrew Carter, San Luis Obispo Monica Ohlhausen, Morro Bay Mike Cannon, San Luis Obispo, project engineer Ron Rusconi, San Luis Obispo Charles Haley, San Luis Obispo Paul Brown. San Luis Obispo City Council Meeting Tuesday, July 6,2004,7:00 p.m. Page 4 Dan Senser. San Luis Obispo The following people spoke in opposition of the San Luis Marketplace project and/or the Prado Road interchange project: Michael Helper, San Luis Obispo Aeron Genet, San Luis Obispo, representing the Air Pollution Control District (APCD) Kirt Collins, San Luis Obispo Ray Dickson, San Luis Obispo Marie Dickson, San Luis Obispo Jan Marx, San Luis Obispo, representing Sierra Club Jana Zimmer, Santa Barbara, attorney representing CPR Joseph Gilpin, San Luis Obispo, Jean Anderson, San Luis Obispo Tvlor Middlestadt, San Luis Obispo Richard Kranzdorf, San Luis Obispo Jesse Churchill, San Luis Obispo Jerry Moore , San Luis Obispo Michael Sullivan, San Luis Obispo Mayor Romero called a recess at 9:05 p.m. The meeting reconvened at 9:15 p.m. Scott Harmstead, San Luis Obispo Chris Homblatt, San Luis Obispo Eugene Jud, San Luis Obispo Tom Swem, San Luis Obispo Robert Johnson, San Luis Obispo Lauren Laioie, San Luis Obispo Frank Dufault, San Luis Obispo Laura Murphy, Chamber of Commerce Eric Mover, San Luis Obispo Aurora Lipper, San Luis Obispo Rose Shapley, San Luis Obispo Al Lipper, San Luis Obipso Kent Taylor, San Luis Obispo Kevin Christian, San Luis Obispo Bill Wilson, San Luis Obispo Terry Treves, San Luis Obispo Deborah Cash, Downtown Association Jerry Martin, San Luis Obispo Pat O'Daniels, San Luis Obispo Robert Weatherford, San Luis Obispo Leslie Naman, Portland, Oregon Bob Davis, San Luis Obispo Jeff Herten, San Luis Obispo Dave Booker, San Luis Obispo Jay Huebner, Paso Robles Linda Seeley, San Luis Obispo Ted Frankel, San Luis Obispo Tom Neuhaus, San Luis Obispo Mayor Romero asked the Council if they wanted to continue with the meeting beyond 11:00 p.m. Council agreed. City Council Meeting Tuesday, July 6, 2004, 7:00 p.m. Ira Winn, San Luis Obispo Pam Heatherinoton, Environmental Center of San Luis Obispo Jeff Volk, San Luis Obispo Bob Shanbrom, Los Osos Larry Stabler, San Luis Obispo Merle Roders, San Luis Obispo Brett Cross, San Luis Obispo David Dawson, San Luis Obispo Orval Osborne, San Luis Obispo Mayor Romero closed the public hearing. Mayor Romero called a recess at 11:55 pm. The meeting reconvened at 12:10 a.m. Page 5 Staff responded to Council questions regarding class one environmental impacts stated in the EIR, and to questions regarding the financing of the proposed Prado Road interchange. Council discussion ensued. Richard Daulton, Rincon Consultants, responded to questions regarding traffic impacts on Madonna and Los Oso Valley Road, air quality, and problems with potential flooding in the area of the project. Mayor Romero returned the matter to the Council for discussion. Vice Mayor Schwartz stated that he is not- in favor of putting the San Luis Marketplace issue on the ballot as the issue has a long history and required a great deal of study before a good decision could be made. He expressed concern that the environmental impact report did not fully address the economic condition of the City. He stated that improved sales tax base and transient occupancy tax is essential to the City. Council Member Mulholland expressed concern regarding the eight negative class one impacts addressed in the environmental impact report, and General Plan consistency issues. She stated that many of the speakers who advocate for the project are from out of town and she represents only the citizens of this City. Council Member Ewan stated that he understands the community's concerns, and that this property will be developed by the property owner, and it's a matter of having the City controls in place. He stated that the City works towards strengthening the downtown, and has created downtown activity through more parking. In addition, the City will need the Prado Road interchange to support circulation for the Margarita plan. Mayor Romero stated that this City is his priorty and that he is very qualified to review the project. He remarked that the Council does an excellent job doing it's homework and that the Council is elected to make decisions based on study; therefore, he is against taking the project to the voters. He stated that the Prado Road interchange and extension to Broad Street are needed to support the Margarita and Airport area development and that the outside funds are necessary to build the interchange. Mayor Romero stated that the Downtown is winning awards, and that the Copelands project will improve the Downtown. Also, he expressed concern that leakage is a problem, and that the Marketplace almost went to the County, putting the City at risk of losing the revenue. Council discussed whether Lowe's covered outdoor sales area should count toward the 140,000 square -foot maximum limitation for large -scale retail uses. Council agreed not to change the wording of Condition #1 included as part of CAD Recommendation #5. City Council Meeting Tuesday, July 6, 2004, 7:00 p.m. Page 6 ACTION: Moved by Ewan/Schwartz to 1) Adopt Resolution No. 9588 (2004 Series) certifying the EIR, including the mitigation monitoring program, based on findings, including a finding of overriding considerations relative to traffic/circulation, air quality, noise, cultural resources, and loss of agricultural land, and endorses Alternative 7.3, which includes a housing component, and as amended to reference an errata for the change to Traffic Impact T -1. 2) Uphold appeal and adopt Resolution No. 9589 (2004 Series) of Application requesting that the Local Agency Formation Commission (LAFCO) take proceedings for the 131 -acre annexation, based on findings. 3) Uphold appeal and adopt Resolution No. 9590 (2004 Series) amending the General Plan Land Use Element Map to reflect the applicant's current land use proposal, based on findings. 4) Uphold appeal and introduce Ordinance No. 1449 (2004 Series) prezoning sites within the annexation area to be consistent with the proposed Land Use Element map designations (C -R -PD, Retail Commercial Planned Development; O -S, Office with the Special Consideration overlay; R -3-S Medium -High Density Residential with the Special Consideration overlay; C /OS -40, Conservation/Open Space; and AG, Agriculture), and approving a Preliminary Development Plan for the C -R -PD component known as the San Luis Obispo Marketplace, based on findings, and subject to conditions, and as amended to add the following conditions to Section 3, Conditions, Planning Requirements, of Exhibit J: "1. As the applicant and the City have been negotiating a Development Agreement and Special Tax Reimbursement Agreement in conjunction with this application, the final development plan shall not be effective until the applicant and the City enter into a Development Agreement and a Special Tax Reimbursement Agreement." V. Furthermore, construction of the retail and hotel portion of the project cannot begin until the design has been approved for the Prado Road Interchange, the contract for the construction of the interchange has been awarded, and funding for the interchange has been secured. " Added to the end of condition 32, Section 3, Conditions, Water, Sewer & Utilities, of Exhibit J: "Alternatively, for the commercial component of the project, the developer may propose the use of well water for landscaping and Irrigation purposes, provided such a plan meets with applicable City requirements and appropriate agreements are in place In the event that such well water crosses property lines. " (memo on file In the City Clerk's Office). 5) Uphold appeal and adopt Resolution No. 9591 (2004 Series) approving a Use Permit to allow retail stores with floor areas between 60,060 and 140,000 square feet, based on findings, and subject to conditions. 6) Adopt Resolution No. 9592 (2004 Series) accepting the negotiated exchange of property tax revenues and annual tax increment that is required as a prerequisite of any jurisdictional change by the Revenue and Tax Code Section 99; motion carried 3:1 (Mulholland). 2. AMENDMENTS TO THE CITY'S GENERAL PLAN LAND USE ELEMENT AND ASSOCIATED ZONE RECLASSIFICATIONS AND TEXT AMENDMENTS FOR LAUREL LANE AND SOUTHWOOD PROPERTY, AMERICAN LEGION SITE AT 1661 MILL STREET, AND MEDICAL SERVICES IN THE CITY. (GP/R, TA AND ER 121-03,37-04 AND 22-04) Community Development Director Mandeville and Deputy Director Community Development Whisenand presented the staff report. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. ACTION: Moved by Schwartz/Ewan to 1) adopt Resolution No. 9593 (2004 Series) approving the Negative Declarations of Environmental Impact and amending both City Council Meeting Page 7 Tuesday, July 6, 2004, 7:00 p.m. text and map of the Land Use Element of the City's General Plan; 2) Introduce Ordinance No. 1450 (2004 Series) to print rezoning property at 1231 Laurel Lane and 1661 Mill Street; and 3) Introduce Ordinance No. 1451 (2004 Series) to print amending the text of the Zoning Regulations related to medical office uses; motion carried 4:0. COUNCIL LIAISON REPORTS Vice Mayor Schwartz reported on the June 24th Performing Arts Center Commission (PAC) meeting (memo on file in the City Clerk's Office). Council Member Mulholland reported on the June 23rd Economic Vitality Corporation (EVC) Board meeting. COMMUNICATION Mayor Romero requested that the proposed Prado Road alignment be staked out for the benefit of citizens who would like to see how Prado Road will connect to Broad Street. CAD Hampian did not advise staking out raw land as relationships and distances may be misleading. In addition, the City is trying to keep people out of the area to protect the fields. He suggest, instead, that Council may wish to authorize a computer simulation of the alignment. No action taken. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 2:12 a.m. to Tuesday, August 3, 2004 at 4:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 8/312004 dr Diane Reynold C. C. Deputy City CI , k