HomeMy WebLinkAbout07/06/20041
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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