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HomeMy WebLinkAbout10/19/2004MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 19, 2004 - 6:30 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz and Mayor Dave Romero City Staff: Present: Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; Bill Statler, Finance Director; Deborah Linden, Police Chief; John Moss, Utilities Director; Mike Draze, Deputy Director of Community Development; Phil Dunsmore, Associate Planner; Mike McGuire, Assistant Engineer; Gary Henderson, Water Division Manager CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Property Owner Negotiator: Property: Property Owner Negotiator: City Negotiators: Negotiations: 1585 Calle Joaquin Hansen, et al. 1625 Calle Joaquin Motel 6, et al. Todd Amspoker, Esq., Tim Bochum, Lillian Jewell, Jonathan Lowell Provide direction to City negotiators City Attorney Lowell reported that the Closed Session was held and Council provided direction to its property negotiators. No further reportable action was taken at this time. Deputy Director Public Works Bochum reported on today's storm activities. PRESENTATIONS 1 Mayor Romero presented a proclamation to Jane Elsdon, San Luis Obispo's 2005 Poet Laureate of the Year. City Council Meeting Tuesday, October 19, 2004,6:30 p.m. Page 2 Mayor Romero presented a proclamation to Linda Nelson, Red Ribbon Coordinator, Drug and Alcohol Services, recognizing October 23 — 31, 2004, as Red Ribbon Week. PUBLIC COMMENT Tom Hutchings, Coordinating Association of State Green Party, spoke in support of legalizing the use of medical marijuana and permitting medical marijuana dispensaries in the City limits. Bruce Deile, San Luis Obispo, discussed his inability to get adequate health care and asked what recourse he has to obtain the treatment he needs. Staff will work with Mr. Deile on his concerns. Mary Beth Schroeder, San Luis Obispo, expressed a number of concerns related to the City, noting especially the lack of affordable housing. Gary Fowler, San Luis Obispo, discussed his continued concerns related to the senior population in the City. Reverend C. Hite, Pismo Beach, read a letter she wrote to the Department of Justice and Office of the State Architect regarding ADA compliance issues. She urged Council to encourage the community to comply with existing law. APPOINTMENT Al. APPOINTMENT OF NEW SLO DOWNTOWN ASSOCIATION BOARD OF DIRECTORS MEMBER. Deborah Cash, Downtown Association, spoke on behalf of the appointment of Tunny Ortali to the SLO Downtown Association Board of Directors. Mary Beth Schroeder, San Luis Obispo, questioned the integrity of the Downtown Association. ACTION: Moved by Settle/Mulholland to appoint Tunny Ortali to the SLO Downtown Association Board of Directors; motion carried 5:0. CONSENT AGENDA Council Member Mulholland referred to item C6, Park Maintenance and Outdoor Dining Agreement with Village Host Pizza and Grilll, SLO, LLC, and said she wants to see the water conservation garden re- established and more water conservative landscaping. Council Member Mulholland referred to Item C10, Final Adoption of Ordinance to Implement the Margarita Area Specific Plan and Related Zoning Change. She also said that although she thought the votes should have been separated at that meeting, she would support the ordinance tonight because it will advance housing opportunities. Vice Mayor Schwartz asked that item C13, Water Reuse Project — Construction Management Services, be pulled for discussion. John Ewan said he will abstain on item C6, Park Maintenance and Outdoor Dining ' Agreement with Village Host Pizza and Grill, SLO, LLC, because his business is in the proximity of this business. n City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 3 Mary Beth Schroeder. San Luis Obispo, opposed a number of the Consent Calendar items. Steve Delmartmi, San Luis Obispo, asked for clarification regarding C2, Final Adoption of Ordinances to Implement Housing Element Programs, related to the continuance of non- residential uses. Deputy Director Community Development Draze clarified that the uses will run with the land and that each new home owner or renter will be notified. ACTION: Moved by Settle/Mulholland to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of C6 and C13; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER.28, 2004, SPECIAL MEETING AND TUESDAY, OCTOBER 5.2004, REGULAR MEETING. C2. C3. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Ordinances Nos. 1458 (2004 Series), 1459 (2004 Series), 1460 (2004 Series), 1461 (2004 Series) and 1462 (2004 Series); motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9616 (2004 Series) approving the final map for Tract 2447 and authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. C4. THE FIRST TEE GOLF PROGRAM AT LAGUNA LAKE GOLF COURSE. ACTION: Moved by Settle/Mulholland to 1. Approve a Use Agreement between the First Tee Central Coast (The First Tee) and the City of San Luis Obispo for use of the Laguna Lake Golf Course (LLGC). 2. Authorize the City Administrative Officer to accept the donations of the chipping area and learning center upon approval of grant funding by The First Tee; motion carried 5:0. C5. SUB - RECIPIENT AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI FUNDS FOR ITS REVOLVING LOAN FUND PROGRAM. City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 4 ACTION: Moved by Settle(Mulholland to approve a Sub - Recipient Agreement with the Economic Vitality Corporation of San Luis Obispo County for CDBG Funds for its Revolving Loan Fund Program; motion carried 5:0. C6. PARK MAINTENANCE AND OUTDOOR DINING AGREEMENT WITH VILLAGE HOST PIZZA AND GRILL, SLO, LLC. ACTION: Moved by Settle/Mulholland to approve an agreement with Village Host Pizza and Grill, SLO, LLC for park maintenance and outdoor dining on City-owned property; motion carried 4:1 (Ewan abstaining). C7. EL CHORRO REGIONAL PARK LIGHTED SOFTBALL FIELDS, SPECIFICATION NO. 90269. ACTION: Moved by Settle/Mulholland to authorize the sole- source purchase of sports field lighting equipment for the El Chorro Regional Park Softball Fields from Musco Sports Lighting, LLC, in the amount of $120,000; motion carried 5:0. C8. RESOLUTION ACCEPTING THE DONATION OF A PUBLIC ART PIECE ENTITLED "STORYBOARD" FROM FRANCISCAN DEVELOPMENTS. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9617 (2004 Series) accepting the donation of a public art piece entitled "Storyboard" from Franciscan Developments (DeVaul Ranch Development); motion carried 5:0. C9. ALLOCATION OF ADDITIONAL FUNDING FOR THE RAILROAD MUSEUM PUBLIC ART PROJECT. 1 ACTION: Moved by Settle/Mulholland to allocate an a_ dditional $6,000 from the Public Art In -lieu Fund to increase the budget for the Railroad Museum Public Art project to $25,000; motion carried 5:0. C10. FINAL ADOPTION OF ORDINANCE TO IMPLEMENT THE MARGARITA AREA SPECIFIC PLAN AND RELATED ZONING CHANGES. ACTION: Moved by Settle/Mulholland to adopt Ordinance No. 1463 (2004 Series); motion carried 5:0. C11. $18.404 ALCOHOLIC BEVERAGE CONTROL GRANT ACCEPTANCE. ACTION: Moved by Settle/Mulholland to 1) accept Alcoholic Beverage Control mini grant award in the amount of $18,404. 2) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. C12. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT ACCEPTANCE. ACTION: Moved by Settle/Mulholland to 1) adopt Resolution No. 9618 (2004 Series) to accept the 2004 -05 Juvenile Accountability lncentive Block Giant of $6,167 from the State Board of Corrections, with a required City match of $685. 2) Authorize the Chief of Police to execute all grant related documents; motion carried 5:0. 1 City Council Meeting Page 5 Tuesday, October 19, 2004, 6:30 p.m. C13. WATER REUSE PROJECT— CONSTRUCTION MANAGEMENT SERVICES. ' Vice Mayor Schwartz explained why he thinks the consultant services procedures for plan checking, construction management and construction processes need to be reviewed by the Administrative staff and asked Council to direct staff to review these procedures. A brief discussion followed, during which Council Member Settle and Mayor Romero concurred with Vice Mayor Schwartz. ACTION: Moved by Schwartz/Settle to direct staff to review the City's consultant services procedures for plan check, construction management, and construction processes, and report back to Council with a review of those procedures. The motion passed 5:0. ACTION: Moved by Schwartz/Settle to 1) approve Amendment #1 to the agreement with Tetra Tech, increasing compensation for extended construction management services for the Water Reuse Project in an amount not to exceed $489,411. 2) Approve the transfer of $489,400 from the project contingencies account to the construction management account to fund the extended services; motion carried 5:0. C14. AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING SERVICES ASSOCIATED WITH SUBDIVISION MAP CHECKING. ACTION: Moved by Settle/Mulholland to approve an agreement with San Luis Obispo County for surveying services associated with subdivision map checking; motion carried 5:0. C15. FIRE STATION NO. 1 MAINTENANCE FACILITY ENCLOSURE. ACTION: Moved by Settle/Mulholland to 1. Create a new Capital Improvement Plan (CIP) project to fund the Fire Station No. 1 Maintenance Facility Enclosure in the amount of $25,000 by transferring $11,362 from the Fire Station No. 3 CIP Driveway Improvement account and $13,638 from the Fire Station No. 4 CIP Access account. 2. Transfer the remaining balance ($20,375) in Fire Station No. 4 Access account to the CIP Reserve account; motion carried 5:0. PUBLIC HEARINGS 1. PLANNED DEVELOPMENT (PD) AMENDMENT AND USE PERMIT TO ALLOW AUTO DEALERIREPAIR USES IN THE BUSINESS PARK PD AT 892 AEROVISTA: C-S-PD ZONE (PD 91 -04). Associate Planner Dunsmore presented the staff report. Mayor Romero opened the public hearing. Carol Florence , Principal Planner with Oasis Associates and representing Smith - Volvo, discussed the efforts and analyses that went into this project; displayed a number of photographs of the existing site, the proposed site, and surrounding uses, as well as other graphics related to the new site; and spoke in support of the staff's recommendation. Council Members Mulholland, Settle and Ewan spoke in support of the proposal. City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 6 Vice Mavor Schwartz supported the proposal, but discussed his concerns about the architectural requirements for enclosing the space involving the sale of the vehicles. He said that these requirements must be reevaluated. Mayor Romero said his preference would have been to locate the auto dealers along Highway 101 near Los Osos Valley Road, but this is not possible because of the City's restrictions. He concurred with Vice Mayor Schwartz's concern regarding the architectural requirements. ACTION: Moved by Settle/Mulholland to 1. Introduce Ordinance No. 1464 (2004 Series ) approving amendments to the previously adopted PD Ordinance No. 1393 (2001 Series) to allow auto sales and approve a preliminary development plan, and adopting the Mitigated Negative Declaration for the project; and 2. Adopt Resolution No. 9619 (2004 Series) approving a Use Permit for the proposed "auto sales and service" use subject to findings and conditions; motion carried 5:0. BUSINESS ITEMS 2. DISCUSSION OF LOCAL REGULATION OF MEDICAL MARIJUANA DISPENSARIES. City Attorney Lowell and Police Chief Linden presented the staff report. Police Chief Linden explained why she recommends Option 1, a temporary moratorium pending a Supreme Court Ruling. Mayor Romero called for comments from the public at this time. Bruce Diele, San Luis Obispo, explained why he believes marijuana is addictive. The following people spoke in support of medicinal marijuana and encouraged Council to authorize the establishment of dispensaries in the City. Jack Artusio, San Luis Obispo (Information distributed by Mr. Artusio is on file in the City Clerk's office.) Gary Gall, Cambria Louis Koory. San Luis Obispo Attorney Michele Hix Robert Toth, Caregiver in San Luis Obispo Kurt Metcalf, San Luis Obispo Willow Walking Turtle Eva Sayha, San Luis Obispo Reverend Hite, Public Avocate, Pismo Beach Eran Tul, Cal Poly Student Marcia Hischier, San Luis Obispo Mr. Koory's comments included reference to an ordinance he submitted to Council last week . He indicated that the ordinance would provide tools that would assist the Police Department in verifying that a client is a legitimate user. He discussed various components of the ordinance and responded to Council's comments and questions. Michael Kennedy. Atascadero, President of California Narcotics Association, explained why he thinks it is premature to permit the establishment of a medical marijuana dispensary before this matter has been resolved by the Supreme Court. He also spoke in opposition to the use of marijuana for medicinal purposes. City Council Meeting Page 7 Tuesday, October 19, 2004, 6:30 p.m. Craig Stephens. San Luis Obispo, asked Council to consider drafting an ordinance so that the ' City is prepared to move forward once the Supreme Court has issued a ruling on this matter. Council Member Mulholland asked for staff to Investigate concerns raised by Rev. Hite regarding a local resident who is being evicted from her apartment because of her use of medicinal marijuana. Gary Fowler, San Luis Obispo, urged Council to place a moratorium on medicinal marijuana dispensaries until the outcome of the Supreme Court case is known. Mary Beth Schroeder, San Luis Obispo, opposed legalizing marijuana for medicinal purposes. Mayor Romero closed the public comment period. Council recessed from 9:40 to 9:52 p.m. Police Chief Linden responded to comments and explained that the issue at this meeting is not related to the effectiveness or need for medicinal marijuana. It is both a legal and policy issue. She reiterated that the conflict between federal and state law is being heard by the Supreme Court and the legal issue should be rendered within the next few months. Council Member Mulholland discussed her involvement-with and knowledge of this issue. She said that this is a medical matter that should be taken out of the hands of law enforcement and put into the hands of patients and doctors. She stated that there is a need to establish a system, set guidelines, and regulate medicinal marijuana dispensaries as soon as possible in order to assist people who normally don't have access to marijuana, but who need it for medical purposes. Vice Mayor Schwartz expressed concern that representatives from the medical profession and health organizations are not coming forward to promote the acceptance of medicinal marajuana. He explained that he does not feel, as a Council Member without experience in the medical profession, capable of distinguishing the different factors that must be taken into consideration. He questioned why this issue isn't being considered at the County level, given that it is the County that has the responsibility for public health and health clinics. Council Member Settle discussed the lack of support by the County on other issues and said that he doesn't think the County would be supportive of this issue. He also noted the failure on the part of the Attorney General and the State Department of Health in developing guidelines. He said that he would support a moratorum on permitting dispensaries in the City until the Supreme Court has made its ruling. Council Member Ewan explained that he doesn't think the State will create the mechanisms to enact this law. He expressed concern about the inability of people who are suffering to find relief without interacting with a criminal element. As a result, he supported beginning the process of developing an ordinance immediately so that when the Supreme Court's ruling is in place, the guidelines for licensing dispensaries will be Inplace. Mayor Romero concurred with Vice Mayor Schwartz that this issue is the responsibility of the Health Department and that he thinks that no action should be taken on the matter until the the Supreme Court decision has been rendered. 1 Discussion followed, during which staff responded to Council's questions. City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 8 Motion by Settle/Romero to place a temporary moratorium prohibiting medical marijuana dispensaries pending the outcome of the Supreme Court case and defer action on an ordinance until the ruling has been rendered. Council Member Ewan suggested that the moratorium be enacted, but that staff proceed with developing an ordinance in preparation of the Court's decision. Council Member Mulholland concurred with Council Member Ewan that staff should proceed with devleoping the regulations and zoning requirement and that, during the period prior to the Supreme Court's decision, a temporary use permit should be implemented. Council Member Settle and Mayor Romero disagreed, noting their reluctance to direct staff to spend time on an issue that may be nullified by a Supreme Court decision. Vice Mayor Schwartz said he would support the concept of devoting some staff time to developing an ordinance that becomes effective after a favorable Supreme Court decision, but would not support implementing one before the decision and then rescinding it. Council Member Mulholland indicated that she is willing to compromise and could support a motion of a temporary moratorium if staff is directed to proceed with the preparation of an ordinance. Further discussion followed, during which Council Member Settle and Mayor Romero reiterated their opposition to preparing the ordinance at this time. Motion failed by a 2/3 vote (Ewan, Mulholland, Schwartz opposing). ACTION: Motion by Mulholland/Ewan to direct staff to: 1) prepare an ordinance placing a temporary moratorium prohibiting medical marijuana dispensaries pending the outcome of the Supreme Court case; and 2) prepare necessary ordinance(s) and implementing regulations governing medical marijuana dispensaries in San Luis Obispo to be considered if allowed under the U.S. Supreme Court ruling. Carried by a 3:2 vote (Allen/Romero opposing). 3. MONTALBAN STREET BRIDGE, SPECIFICATION NO. 99616. Deputy Director Public Works Bochum and Assistant Engineer McGuire presented the staff report and responded to questions. Public Comments The following neighborhood residents spoke in opposition to the installation of the bridge: Jim Nett , San Luis Obispo Alfred Jimenez), San Luis Obispo Vivian Longacre, San Luis Obispo Kathleen Dillon, San Luis Obispo Jeff Dillon, San Luis Obispo Diane Hunt Roberts, San Luis Obispo Alexa Slem, San Luis Obispo Mike Baumgarten, San Luis Obispo Xiomara Weber, San Luis Obispo City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 9 Peter Brown, representing the San Luis Obispo Council of Governments (SLO COG) referred 1 to information he faxed to Council today (on file in the City Clerk's office) and spoke in support of installing the bridge. He responded to questions related to SLO COG funding should the bridge be installed at a different location. Kevin Christian, San Luis Obispo resident and member of the City's Bicycle Advisory Committee, discussed the reasons he moved to downgrade the project from priority 1 to priority 2, noting safety issues that could result with the installation of the bridge. Ben Lerner, member of the City's Bicycle Advisory Committee member, responded to some of the issues raised at the meeting, particularly relating to safety, and suggested that the proposed location is not the best use of the bridge. Joe Gilpin, SLC Bicycle Coalition, discussed the need for and benefits of the bridge. Michael Boudreau, San Luis Obispo, also spoke in support of the bridge. —end of public comments— Staff responded to questions regarding other options. Council Member Settle endorsed preserving the neighborhood, but asked that SLO COG assist the City in making the funds available for other linkages such as the Bob Jones trail. Council Member Mulholland explained why she would not support the connection of Montalban Street or the neighborhood, indicated that additional information is needed ® before a decision can be made as to where to place the bridge, and suggested it be stored at the Corporation Yard until such a decision can be made. Vice Mayor Schwartz acknowledged the improvements to and quality of the Montalban neighborhood, which should not be changed or threatened by the installation of the bridge. Council Member Ewan explained that while he supports connectivity, he does not think the location of the bridge is feasible. He agreed that consideration should be given to other locations for the bridge. Mayor Romero also opposed the installation of the bridge and agreed that a better use could be found for it. ACTION: Motion by Mulholland/Schwartz to abandon the Montalban Street bridge project in its entirety from both the Bicycle Plan and the current CIP, to direct staff to return with an alternative location for the bridge, and to direct staff to work with SLO COG to discuss reuse of the funding for an alternative project. Approved (5:0). Council recessed from 12:20 to 12:25 a.m. 4. WATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS. Water Division Manager Henderson and Water Treatment Plant Supervisor Dean Furukawa presented the staff report and responded to Council's questions. ' Public Comments None. City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. —=end of public comments— Page 10 ACTION: Moved by Settle/Ewan to 1. Approve the project components recommended for inclusion in the final design of improvements for the Water Treatment Plant Improvement Project. 2. Approve the concept for negotiation and procurement of the Actiflo system with Kruger Inc. and direct staff to proceed with negotiations. 3. Approve Amendment No. 3 to the contract with Black and Veatch for Phase II services for the design of the recommended improvements at the Water Treatment Plant for an additional amount not to exceed $455,996. 4. Approve the transfer of $167,967 from the construction budget to the design budget to fund the work scope; motion carried 5:0. 5. STENNER CANYON HYDROELECTRIC FEASIBILITY STUDY PHASE II. Utilities Director Moss and Water Division Manager Henderson presented the staff report and responded to Council's questions. Public Comments Concern was expressed by an unidentified member of the audience regarding the City's need to pay for power when it has the ability to create its own power. —end of public comments— ACTION: Moved by Settle/Schwartz to 1. Receive and file the Stenner Canyon Feasibility Study Phase II, July 2004. 1 Direct staff to defer implementation of the Stenner Canyon Hydroelectric Project. 3. Direct staff to inform Federal Energy Regulatory Commission (FERC) of the current project status and accept termination of the current FERC license. Also directed staff to monitor through the City's legislative program elimination of departing load charges. Motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her recent attendance at a Water Resources Advisory Committee meeting and a Downtown Association Board of Directors meeting. Vice Mayor Schwartz noted that the SLOCOG meeting was canceled because of a lack of a quorum. Mayor Romero reported on the October 14"' Performing Arts Center Commission meeting. COMMUNICATIONS Council directed staff to place a request from Costco for modification of a mitigation measure related to the Calle Joaquin realignment on the November 16'6 Council meeting agenda. Council directed staff to write a letter supporting legislation that will provide property owners with an opportunity to bring their properties into ADA compliance prior to being subject to such a lawsuit D C! Council canceled the December 21 st Council meeting. 1 City Council Meeting Tuesday, October 19, 2004, 6:30 p.m. Page 1 1 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:55 a.m. to Tuesday, November 16, 2004, at 4:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 11/16/2004 i 1 a d-larl ", � , , Audrey Ho er 0' - City Clerk