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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JULY 5, 2005 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle,
Vice Mayor John Ewan and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Wolfgang Knabe, Fire Chief;
Jay Walter, Public Works Director; Ron Whisenand, Deputy
Community Development Director; Phil Dunsmore, Associate
Planner; Jennifer Lawrence, Engineering Technician; Neil Havlik,
Natural Resources Manager; Tim Bochum, Deputy Director Public
Works; Peggy Mandeville, Principal Transportation Planner; Robert
Horch, Parking Services Manager; Rob Livick, Supervising Civil
Engineer
INTRODUCTION
Natural Resources Manager Havlik introduced the City's new biologist, Freddie Otte.
PUBLIC COMMENT
Sifu Kelvin Harrison, San Luis Obispo, discussed his continuing concerns regarding
harrassment.
CONSENT AGENDA
In response to Council Member Mulholland related to Item C2, the quitclaim of the Court
Street public pedestrian easement, City Attorney Lowell explained that in cases where private
property functions like public property, the courts have ruled that the property owners have
an obligation to provide an area where first amendment activities can occur.
Supervising Civil Engineer Livick also responded to questions raised by Council Member
Mulholland on Item C2. He noted that with the approval of an abandonment proceeding a
couple of years ago, the property owners to whom the property reverted entered into a private
agreement for the maintenance of the Court Street area that was abandoned.
Mayor Romero called for comments from the public. None were forthcoming.
ACTION: Moved by Ewan/Mulholland to approve, with the exception of Item C6, the
Consent Agenda; motion carried 5:0. Item C6 was approved 4:1 (Settle opposed).
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Tuesday, July 5, 2005, 7:00 p.m.
C1. APPROVE MINUTES OF TUESDAY, JUNE 14, 2005. ADJOURNED REGULAR
MEETING, AND TUESDAY, JUNE 21, 2005, REGULAR MEETING.
ACTION: Moved by Ewan/Mulholland to waive oral reading and approve with a
correction to Item C12 (it was Settle who recused himself from this item, not Ewan);
motion carried 5:0.
C2. EXTINGUISHMENT OF THE "COURT STREET" PUBLIC PEDESTRIAN EASEMENT IN
FAVOR OF A PRIVATE PEDESTRIAN EASEMENT.
ACTION: Moved by Ewan/Mulholland to authorize the Mayor to execute a Quit Claim
Deed extinguishing the public pedestrian easement reserved with the Court Street
Abandonment; motion carried 5:0.
C3. WATER REUSE PROJECT — ADDDENDUM #6 FOR OFFICE ENGINEERING
SERVICES EXTENSION.
C4.
ACTION: Moved by Ewan/Mulholland to 1. Approve Addendum #6 in the amount of
$76,222 to the agreement with Brown and Caldwell Consultants for extension of
Office Engineering Services. 2. Approve the transfer of $76,222 from the project
contingencies account to the Water Reuse design account to fund the extended
services; motion carried 5:0.
ACTION: Moved by Ewan/Mulholland to 1. Adopt Resolution No. 9705 (2005 Series)
accepting a grant from the State of California in the amount of $110,000 to assist
with preparation of the South Broad Street Corridor Plan, and 2. Appropriate
$130,000 for this work: $110,000 in State grant funds and $20,000 in carryover
expenditure savings from 2004 -05 in the Community Development Department
operating budget; motion carried 5:0.
C5. ADOPTION OF ORDINANCE NO. 1473 (2005 SERIES) ADDING SECTION 8.14.085 TO
THE MUNICIPAL-CODE REGARDING VIOLATION OF TOBACCO RETAILER
LICENSES.
ACTION: Moved by Ewan/Mulholland to adopt Ordinance No. 1473 (2005 Series);
motion carried 5:0.
C6. ADOPTION OF ORDINANCE NO. 1474 (2005 SERIES) ESTABLISHING A BUSINESS
LICENSE PROGRAM.
ACTION: Moved by Ewan/Mulholland to adopt Ordinance No. 1474 (2005 Series)
establishing a business license program; motion carried 4:1 (Settle opposed).
C7. ADOPTION OF ORDINANCE NO. 1475 (2005 SERIES) AMENDING SECTION 5.20.260
BY
ACTION: Moved by Ewan/Mulholland to adopt Ordinance No. 1475 (2005 Series);
motion carried 5:0.
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City Council Meeting
Tuesday, July 5, 2005, 7:00 p.m.
Page 3
PUBLIC HEARINGS
1. AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT
(PD) LOCATED AT 3190/3196/3220/3232 SOUTH HIGUERA (PD -MOD 43 -05).
Deputy Community Development Director Whisenand presented the staff report. He
reviewed the proposed modifications and noted that the Planning Commission
unanimously recommended approval of these modifications.
Mayor Romero opened the public hearing.
Bruce Fraser, Architect, offered to answer questions. None were forthcoming.
Mayor Romero closed the public hearing.
ACTION: Moved by SettletEwan to introduce Ordinance No. 1476 (2005 Series)
modifying Condition No. 4 of Ordinance No. 1457, Exhibit A, to permit bankstsavings
& loans and broadcast studios as allowed uses, and to allow laboratories (medical,
analytical) with a Planning Commission Use Permit, within an 0 -PD zone; motion
carried 5:0.
2. MULTI - DWELLING RENTAL PROPERTY INSPECTION PROGRAM FEE
: MODIFICATION.
Fire Chief Knabe presented the staff report. He reviewed Council's prior action and
direction on this matter, as well as the recommendation.
Mayor Romero opened the public hearing.
Gary Fowler, San Luis Obispo, expressed his continued opposition to this program and
expressed concern regarding its impact on Cal Poly students and on senior citizens.
George Movlan, Housing Authority, maintained his position that the ordinance is
unnecessary. He discussed his review of the ordinance, however, and said that it has been
drafted properly.
Mayor Romero closed the public hearing.
Council Member Mulholland, Vice Mayor Ewan and Mayor Romero spoke in support of the
modifications to the fees.
Council Member Brown indicated that he was ambivalent regarding the modification to the
fees for fraternities and sororities, but that he would support the motion.
Council Member Settle expressed his opposition to the ordinance, but said that because
public housing is exempted, he will support it.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9706 (2005 Series)
amending the multi - dwelling rental property fire and life safety inspection fees as
follows: 1. Modify the rate structure for fraternities and sororities to be the same as
' all other congregate residences (such as hotels, youth hostels and senior facilities).
2. Exempt from these fees low- and very-low income rental units that are built,
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Tuesday, July 5, 2005,7:00 p.m.
owned and managed by the San Luis Obispo Housing Authority, governmental
agencies and not - for - profit housing organizations; motion carried 5:0. 1
3. GENERAL PLAN AMENDMENT AND REZONE FROM TOURIST COMMERCIAL (C -T)
TO SERVICES AND MANUFACTURING (C -S -S) FOR THE PROPERTY KNOWN AS
12398 LOS OSOS VALLEY ROAD (GP /R/ER 19 -05).
Associate Planner Dunsmore presented the staff report. He reviewed an aerial photograph
of the site and discussed the recommendation, which received unanimous support of the
Planning Commission.
Mayor Romero opened the public hearing.
Jerry Holland representing the applicant, discussed the need to move foward with this action
and asked that a provision be allowed whereby the blacktopped area can be used to display
sales cars until the Architectural Review Commission has reviewed the plans for the
expansion of the auto sales facility.
Mayor Romero closed the public hearing.
Community Development Director Mandeville suggested that a condition could be added to
the resolution that would permit the use of the blacktopped area for auto sales provided
that plans for the new facility on the site are being acted on by the City.
A brief discussion followed during which Mr. Holland and staff responded to questions, and
Council Members indicated their support of the General Plan Amendment and Rezoning.
ACTION: Moved by Settle/Ewan to: 1. Approve Resolution No. 9707 (2005 Series)
amending the General Plan Land Use Element map to change the land use
designation for the site from Tourist Commercial to Services and Manufacturing and
approving a Negative Declaration (ER 19-05) with the addition of the following
condition: "Following removal of underground gasoline dispensing infrastructure,
interim use of the former gas station area for auto sales and display may be
permitted before ARC approval of site changes provided that architectural review
plans for the expansion of the adjacent auto sales facility have been submitted and
are In the process of being acted on by the City. Any new signs associated with the
interim use of the site will require approval by the Community Development
Director. The interim use shall expire twelve months from the date of submittal of
architectural review plans to the City unless a building permit for the expansion has
been issued by the City. The Community Development Director may grant a six
month extension of the interim use." 2. Introduce Ordinance No. 1477 (2005 Series)
changing the zoning on the subject property from Tourist - Commercial (C -T) to
Service Commercial with a Special Considerations Overlay (C -S -S); motion carried
5:0.
BUSINESS ITEM
4. DAMON - GARCIA PUBLIC ART.
Engineering Technician Lawrence introduced the report, following which two of the artists,
Carol Paulsen and Stephenen Plowman, displayed a model of the sculpture entitled "Strong
Play Ethic" and discussed its theme; i.e., to encourage and celebrate the joy of activity at all
levels.
City Council Meeting
Tuesday, July 5, 2005, 7:00 p.m.
Public Comments
' None.
—end of public comments—
5.
Page 5
ACTION: Moved by Mulholland/Ewan to approve the public art piece entitled Strong
Play Ethic for the Damon - Garcia Sports Fields; motion carried 5:0.
Natural Resources Manager Havlik provided a summary of the Concept Plan. He displayed
a map showing the area of the project, discussed the improvements that will be made to the
southern entrance to the City and issues that will be resolved with the implementation of
the Plan, displayed and discussed photographs of the site, and discussed the funding that
is available for portions of this project as well as additional possible funding sources.
Public Comments
None.
—end of public comments—
ACTION: Moved by SettleBrown to approve a concept plan for improvements to
the City's entry area near the Water Reclamation Facility (WRF), including alignment
of the incorporated segment of the Bob Jones City to Sea Bikeway; motion carried
5:0.
STUDY SESSION
6. REVIEW OF DESIGN OPTIONS FOR THE PALM - NIPOMO PARKING STRUCTURE.
Public Works Director Walter introduced this item, following which Principal Transportation
Planner Mandeville commenced the report. She displayed an aerial of the site, explained
that this project was established by Council as an objective in the 2003 -05 Financial Plan,
and reviewed refinements to the options that Council previously directed staff to pursue.
Parking Services Manager Horch and Deputy Director Public Works Bochum were present
to answer questions.
Sam Nunes, Chong Partners Architecture, displayed proposed site plans and discussed
their key features. He discussed how a mechanical garage works and responded to
Council's questions.
Mayor Romero expressed concern about event parking at a mechanical structure. He also
expressed concern that the options do not provide for pedestrian access on the eastern
edge of the structure on Monterey Street.
Public Comments
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Tuesday, July 5, 2005, 7:00 p.m.
Patricia Wilmore. Chamber of Commerce, referenced a letter from Bob Wacker (on file in the
City Clerk's office) explaining the Chamber's position that action should be deferred on this
matter for nine months.
Ken Schwartz, San Luis Obispo, supported the Palm - Nipomo- Monterey site for a parking
structure and discussed recommendations contained in his memo to Council (on file In the
City Clerk's office). Those recommendations include, in part, building the structure as soon
as possible, proceeding with mechanical parking, acquiring property at 614 Monterey Street
so that the parcel can be considered as a whole, and redesigning the site plan for Option
H2, thereby making it Option H3.
Brett Cross. San Luis Obispo, explained why he does not think there is a parking demand
for the Palm - Nipomo site. He suggested that, given the limited resources, sites such as the
Wells Fargo property should be pursued.
Gary Fowler, San Luis Obispo, concurred that action on this proposal should be delayed,
that consideration should be given to other sites, and that it might be feasible to construct
an EOC (emergency operations center) on top of the new structure.
Dave Hanninas, San Luis Obispo, concurred that this area is currently underused for
parking purposes. He expressed concern that the recommended options are too close to
his property and too high.
Tom Swem. Chairman of the Parking Committee for Downtown Association, explained that
the Downtown Parking Committee hasn't had an opportunity to review the proposals yet.
He suggested that a concurrent financial analysis should be provided for each proposal.
He supported the location of the parking structure and the purchase of the 614 Monterey
Street property, but expressed concern about a mechanical structure. He supported
Options D2 or D3.
Andrew Carter, San Luis Obispo, supported Mr. Cross' and the Chamber's positions. He
suggested that a mechanical garage should be used for employee, not transient, parking.
He explained why, if this site is used, the entrance and exit should be on Monterey Street.
Chuck Crotser, San Luis Obispo, spoke In support of the proposed site and the automated
parking system. He supported, in general, Option H2 but concurred with comments by Mr.
Schwartz. He also concurred that acces -- on Monterey Street is important.
Pierre Rademaker. San Luis Obispo, concurred with Mr. Schwartz's and Mr. Crotser's
comments. However, he did not believe the Palm Street entrance and exit would be a
problem. He expressed concern that contextual issues have not been addressed (i.e., the
Latimer adobe, pedestrian access to Monterey Street and Downtown). He supported an
automated structure as well as the acquisition of 614 Monterey Street. He suggested that
adjacent property owners should be contacted regarding their plans for future growth and
development.
Deborah Cash, Downtown Association Administrator, explained why the Association
supports moving forward with this structure. She discussed the success of automated
garages. She said that the Parking Committee will meet this week and will need to consider
the proposal, following which additional feedback will be provided to Council.
Scott Greenaway, representing the owner of 614 Monterey Street, expressed concern
regarding Mr. Schwartz's recommendation to acquire the entire site. The family is willing to
consider use of the back portion of the property.
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Tuesday, July 5, 2005, 7:00 p.m.
—end of public comments —
Council discussion followed during which staff responded to Council's questions.
Council Member Mulholland said the Wells Fargo site would be a better location, but
supported pursuing the Palm - Nipomo structure since it is owned by the City. She also
supported pursuing a mechanical structure. She said she thinks there needs to be a
pedestrian connection to Monterey Street, that she would like to see financial implications,
and that she supported delaying action on this proposal for three to six months or more
because of the changes occurring in the Downtown.
Vice Mayor Ewan expressed concern that with potential new projects on existing lots,
parking will be needed sooner than later. He was also concerned with the increasing costs
that will result the longer the project waits. He supported moving forward with this project.
Council Member Brown also supported moving forward.
Council Member Settle supported proceeding in order to determine financing,
methodologies, and costs.
Mayor Romero explained why he thinks it is premature to move ahead with this project at
this time. He also said, however, that a structure should be developed at some time in the
future, but should wait until further development has occurred in the area. He suggested
delaying proceeding with this project for twelve months.
Moved by Mulholland/Romero to defer for nine months a decision on whether to proceed
1 with the parking structure at Palm - Nipomo; motion failed 2:3 (Brown/Ewan/Settle opposed).
Moved by Settle/Mulholland to direct staff to proceed with Palm - Nipomo parking structure
site plan design Options D3 and H21H3 (the concept submitted by Ken Schwartz) with
adjustments to the layout for Option 1-13; motion carried 4:1 (Ewan opposed).
Moved by Mulholland/Ewan to consider designs that will allow the house at 614 Monterey
Street to remain. Following a brief discussion regarding the need to keep options open;
motion failed 2:3 (Brown/Romero /Settle opposed).
Moved by Settle/Brown to either include or exclude the houses at 610 and 614 Monterey
Street as part of the study in order to keep design options open; motion carried 3:2
(Mulholland/Ewan opposed).
During the prior discussion, Council directed staff to provide feedback on the following
items:
• property values
• construction costs
• urban design issues/pedestrian access
0 more community group responses
In response to staff, Council confirmed that the oak tree is not a part of the design options;
it is to remain.
ACTION: 1. Directed staff to pursue site plan options D3 and H21H3 (a concept
submitted by Ken Schwartz) for the Palm - Nipomo parking structure, with
adjustments to the layout for 1-13; motion carried 4:1 (Ewan opposed). 2. Approved,
City Council Meeting
Tuesday, July 5, 2005, 7:00 p.m.
Page 8
to ensure flexibility, including or excluding houses at 610 and 614 Monterey Street
as part of the study in order to keep design options open; motion carried 3:2
(Mulholland/Ewan opposed). 3. Provided additional direction as indicated above to
be included when this matter is returned to Council.
COUNCIL LIAISON REPORTS
Mayor Romero reported on his attendance at a meeting on June 23rd with Supervisors
Lenthall and Patterson and staff members of LAFCO, APCD, the County and SLOCOG on
the program called "Community 2050," the June 28th meeting of the Whale Rock
Commission, the June 23rd meeting of the Nacimiento Project Commission, and the June
30th meeting of the Performing Arts Center Commission.
Council Member Settle reported that the state will approve the budget on July 6th, and that
cities will receive the Vehicle License Fee (VLF) refund early.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:30 p.m. to Tuesday, July 19, 2005 at 4:00 p.m. in the Council Chamber, 990
Palm Street, San Luis Obispo.
Audrey Hoop
City Clerk
APPROVED BY COUNCIL: 7/19/2005