HomeMy WebLinkAbout04/02/2002MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 2, 2002 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Jan Howell Marx, Christine Mulholland, Ken
Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle
City Staff:
Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statier, Finance Director; Jim Gardiner, Police Chief;
Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike
McCluskey, Public Works Director; Paul LeSage, Parks and
Recreation Director; Betsy DeJarnette, Assistant to the City
Administrative Officer; Diane Reynolds, Administrative Assistant II;
Tyler Corey, Planning Technician; Rob Bryn, Neighborhood Services
Manager; Tim Bochum, Deputy Director of Public Works; Keith
Opakewski, Transit Manager; Glen Matteson, Associate Planner; Ron
Munds, Utilities Conservation Coordinator; Ron Wh.isenand, Deputy
Director Community Development — Development Review;Tom
Baasch, Chief Building Offical; and Don Wright, Code Enforcement
Officer
CLOSED SESSION ANNOUNCEMENT
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9
Worker's Compensation Claim re Robert Carrasco
City Attorney Jorgensen announced that Council authorized further negotiations, the terms
of which were not disclosed because they are not final.
PRESENTATIONS
Mayor Settle presented a proclamation to members of the Commission on Children and
Youth, declaring April 2002 as the "Month of the Child."
Mayor Settle presented a proclamation to Thomas Zuur, President of the Central Coast
Chapter of the Association of Records Managers and Administrators (ARMA) proclaiming
April 2002 as "Strategic Information Management Month."
J
City Council Meeting
Tuesday, April 2, 2002 - 7:00 p.m.
Page 2
PUBLIC COMMENT
Carol Nulton, 1625 Gathe Drive, expressed concern regarding fire hydrant maintenance in the
Laguna Mobile Home Estates. The speaker was referred to the Fire Marshal.
Dave Romero. 2057 Skylark Lane, suggested an interim solution for Home Depot (memo on
file in the Office of the City Clerk).
Patti Taylor, 3731 Orcutt Road, and Jean Anderson, 3580 Bullock Lane, voiced concerns
regarding the Orcutt Area Specific Plan.
Torre Holgate -West 1344 Mill Street, voiced concerns about excessive tree pruning and tree
removals. In addition, she asked Council to consider establishing a historic tree district and
adopt a tree policy. Staff agreed to provide her with a copy of the newly revised Tree
Ordinance.
Mary Parker, People's Kitchen Board Chairperson, noted that the People's Kitchen needs are
the same as they were in 1997 and urged Council to support the Prado Day Center at a level
which allows them to continue to meet current needs.
Biz Steinberg, Executive Director of the Economic Opportunity Commission (EOC), invited
Council to the Fourth Annual Homeless and Hunger Awareness Week events beginning on
April 5, 2002.
Sifu Kelvin Harrison reiterated claims of harassment and dsicrimination.
PRESENTATION
Anita Robinson. Chairperson of the Leadership Team for San Luis Obispo County Trust
Fund, George Moylan, Housing Authority Executive Director, and Biz Steinberg. Executive
Director of the Economic Opportunity Commission, presented an overview of the goals and
objectives of a County-wide Housing Trust Fund, which is designed to help provide
financing for affordable workforce housing. Council received the presentation and agreed
to discuss the issue at the April 16, 2002 Council meeting.
CONSENT AGENDA
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to Item No. C4 and Item No. C6.
ACTION: Moved by Marx/Mulholland to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. MINUTES OF TUESDAY MARCH 12.2002 AND TUESDAY, MARCH 19. 2002.
ACTION: Moved by Marx/Mulholland to waive oral reading and approve as
submitted; motion carried 5:0.
1
City Council Meeting Page 3
Tuesday, April 2, 2002 - 7:00 p.m.
C2. AUTHORIZATION TO ANNEX THE FORMER FOSTER PROPERTY AND APPROVAL
OF AN AGREEMENT WITH THE STAPLETON FAMILY.
ACTION: Moved by Marx/Mulholland to: 1) Approve Resolution No. 9298 (2002
Series ) as amended by staff, authorizing staff to submit to the Local Agency
Formation Commission the necessary documents to permit annexation of the 154 -
acre property, formerly (mown as the Foster Property, as well as the 42 -acre
Stapleton property. 2) Approve an Agreement with Robert and Teresa Stapleton
relating to the annexation and providing for the Stapleton property to be connected
to the City sewer system per said agreement, subject to non - substantive changes
approved by the City Attorney; motion carried 5:0.
C3. AMENDMENT TO AN AGREEMENT WITH FIRMA DESIGN SERVICES FOR THE
DAMON- GARCIA SPORTS COMPLEX (SPECIFICATION NO. 99826).
Council Member Mulholland urged Council to consider an alternative to wood plank walking
decks.
ACTION: Moved by Marx/Mulholland to: 1) Approve and execute Amendment to
Agreement between the City of San Luis Obispo and FIRMA to support Phase II
Design Services at a cost not to exceed $220,000. 2) Approve a budget amendment
to transfer funds from the project construction account to the project design
account; motion carried 5:0.
C4. APPROVAL OF RENAMING FRENCH PARK TENNIS COURT.
ACTION: Moved by Marx/Mulholland to approve the recommendation of the Parks &
Recreation Commission to rename the French Park Tennis Court as the "Joanna
Santarsiere Memorial Court."
C5. COMPENSATION ADJUSTMENTS FOR APPOINTED OFFICIALS.
ACTION: Moved by Marx/Mulholland to: 1) Adopt Resolution No. 9299 (2002 Series)
adjusting the annual salary of the City Administrative Officer. 2) Adopt Resolution
No. 9300 (2002 Series) adjusting the annual salary and other benefits of the City
Attorney; motion carried 5:0.
C6. REQUEST FOR QUALIFICATIONS FOR CITYWIDE RIGHT -OF -WAY ACQUISITION
SERVICES.
ACTION: Moved by Marx/Mulholland to: 1) Approve the Requests for Qualifications
for Right -of -Way Acquisition Services. 2) Authorize the City Administrative Officer
to execute an agreement with the top selected consultant or consultants. 3)
Authorize the City Administrative Officer to execute purchase orders up to $50,000
for Individual Right -of -Way Service Contracts where funding is available in the
project account for those services; motion carried 5:0.
1
City Council Meeting
Tuesday, April 2, 2002 - 7:00 p.m.
Page 4
C7. FINAL ADOPTION OF ORDINANCE NO. 1409 (2002 SERIES) AMENDING A ZONING
ORDINANCE TO EXPAND THE ZONES IN WHICH WIRELESS
TELECOMMUNICATIONS MAY LOCATE, SUBJECT TO CERTAIN DEVELOPMENT
STANDARDS: (GPA/R/ER 12 -01) SPRINT PCS, APPLICANT.
ACTION: Moved by Marx/Mulholland to adopt Ordinance No. 1409 (2002 Series);
motion carried 5:0.
C8. FINAL ADOPTION OF ORDINANCE NO. 1410 AMENDING MUNICIPAL CODE
SECTIONS 1.12.060. 12.20.110 AND 12.22.060 RELATING TO PARKS AND OPEN
SPACE VIOLATIONS.
ACTION: Moved by Marx/Mulholland to adopt Ordinance No. 1410 (2002 Series);
motion carried 5:0.
C9. FI
CALCULATING FEES).
ACTION: Moved by Marx/Mulholland to adopt Ordinance No. 1411 (2002 Series);
motion carried 5:0.
PUBLIC HEARINGS
1. INTRODUCTION OF AN ORDINANCE TO ENHANCE RESIDENTIAL PROPERTY
MAINTENANCE REGULATIONS (TA 134 -01).
Community Development Director Mandeville introduced the item and members of the
Neighborhood Services Team (Cydney Holcomb, Residents for Quality Neighborhoods
Chairperson, Code Enforcement Officer Wright, Chief Building Official Baasch,
Neighborhood Services Manager Bryn, Naoma Wright and Carol Winger). Deputy Director
Community Development Whisenand reviewed proposed changes. Cydnev Holcomb
summarized the problems that have created the need for enhanced regulations. Ms.
Holcomb read a letter into the record from Associated Student Incorporated (ASI) President
and members of the Student Community Liaison Committee in support of the regulations
(on file in the Office of the City Clerk).
Deputy Director Community Development Whisenand offered substitute language for
Section 2.48.170 (Jurisdiction).
Mayor Settle opened the public hearing.
Brett Cross. 1212 Mariners Cove, provided photographs of current examples of garage
conversions, carports and front yard paving.
Evelyn Talmage, 1408 Johnson Avenue, asked Council to budget money to mark street
parking spaces in areas where parking is limited.
Mary Beth Schroeder, 2085 Wilding Lane, urged the Council not to issue more building
permits for garage conversions.
Dave Romero, 2057 Skylark Lane, recommended requiring less than 67% residential approval
for the creation of a parking district.
City Council Meeting
Tuesday, April 2, 2002 - 7:00 p.m.
Page o
Andrew Carter, 1283 Woodside Drive, supported 60% residential approval for parking district
formation and asked Council to endorse one vote per property owner, not one vote per
resident
Steve McGrath, 665 Buchan, favored considering residents and property owners alike when
forming a parking district
Camille Small, 711 Skyline, supported the ordinance, encouraged citizens to maintain their
property, and discussed tandem parking.
Naoma Wright, 400 Foothill, asked Council to consider dedicating a code enforcement officer
to residential neighborhoods.
Gary Fowler, 777 Mill Street, also spoke in support of a residential neighborhood code
enforcement officer.
Mayor Settle called a break at 9:15 p.m. Council resumed at 9:25 p.m.
Phil Ashley, 1585 La Cita Court, supported the exclusion of creek riparian zones from the
ordinance to avoid unintended impacts to creeks.
Steven Soenke, 1802 Pinecove Drive, voiced concern regarding City - permitted garage
conversions and enforcement of parking regulations.
Mayor Settle closed the public hearing.
Council discussion followed.
Council Member Ewan expressed concern that requiring Architectural Review Commission
review for structural and physical Improvements may place a financial strain on citizens
who cannot afford it.
Council Member Schwartz voiced support for staff's recommendations but did not agree
that a super majority was necessary for parking district formation. He also favored hiring
another code enforcement officer.
Council Member Mulholland opposed the ordinance viewing it as too broad and
unenforceable. She urged Council not to create new regulations but to enforce existing
ones, especially those pertaining to abandoned or partially demolished buildings and
building permit extensions. She supported garage conversion review by the Architectural
Review Commission and the concept of a code enforcement enterprise fund. In addition
she agreed that the "super majority" for parking district formation was too high.
Vice Mayor Marx supported the Ordinance and suggested certain amendments to the draft
ordinance.
The Council reviewed the draft ordinance and agreed to make the following amendments
to Section 2. Sections Amended:
2.38.170.1
Accepted staffs substitute language for this section, with the exception of modifying the
first sentence by changing "the commission" to "the Architectural Review Commission."
City Council Meeting
Tuesday, April 2, 2002 - 7:00 p.m.
Page 6
10.36.170 & 10.37.180
Reduced the designated percentage of "majority of affected residents" from 67% to 60 %.
17.17.075(1)
Accepted alternative language proposed in the staff report.
17.17.075(2)
First sentence amended to read. "paint or finish material on the exterior surface of a
building or other structure that has become substantially deteriorated, substantially
damaged, or unsightly so as to sianificand detract from the appearance of the immediate
neighborhood. "
17.17.075(4)
Word "substantial" added before the words "risk of harm to the public. "
17.17.075(5)
New sentence added to the end of the subsection, to read as follows: "Creek and riparian
areas are subiect to separate reau/ations."
ACTION: Moved by Schwartz/Marx to introduce Ordinance No. 1412 (2002 Series),
as revised, amending and adding sections to the Municipal Code for the purpose of
improving the visual character, quality of life and safety within neighborhoods and
adopting a Negative Declaration of environmental impact (ER 134 -01); motion
carried 4:1, Mulholland.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9301 (2002 Series)
amending the amount of the civil penalties for parking in yard violations; motion
carried 5:0. 1
BUSINESS ITEMS
2.
Deputy Director of Pubic Works Bochum and Transit Manager Opalewski presented the
staff report.
Public Comments:
Andrew Carter, 1283 Woodside Drive, spoke in support of the staff recommendations and
proposed a greater differential between the Palm Street and Marsh Street parking garages.
He also encouraged Council to publicize the Gold Pass Program more, especially to
downtown employees.
Dave Romero. 2057 Skylark Lane, argued that the Gold Pass Program has proven
unsuccessful and should be eliminated.
—end of public comments—
Council discussion followed.
ACTION: 1) Report received. 2) Second Tier strategies and programs approved. 1
3) Third Tier activities deferred. 4) Gold Pass Program continued, as
City Council Meeting Page 7
Tuesday, April 2, 2002 - 7:00 p.m.
recommended.'.-.5) •Staff directed to return with an amended Parking Management
Plan that includes aspects of the Parking Demand and Access Plan that have been
adopted. Staff to include suggestions on programs or policies where no action has
been taken. Staff to provide Council with a proposed completion date within a
week; motion carried 5:0.
Council reviewed the balance of the agenda at 11:25 p.m. and by motion, continued the
meeting beyond the hour of eleven o'clock.
3. ANNUAL REPORT ON THE GENERAL PLAN FOR 2001.
ACTION: Moved by Ewan/Mulholland to continue the item until April 9, 2002 at 12:00
p.m.; motion carried 5:0.
4. ASSIGNMENT OF SOLID WASTE, RESIDENTIAL CURBSIDE RECYCLING AND
GREEN WASTE COLLECTION FRANCHISES TO WASTE CONNECTIONS, INC.
Utilities Conservation Coordinator Munds presented the staff report. There were no public
comments.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9302 (2002 Series) as
amended by staff to assign the Solid Waste, Residential Curbside Recycling and
Green Waste Franchise Agreements to Waste Connections, Inc; motion carried 5:0.
Council recommended a proclamation commending San Luis Garbage for their years of
service to the community.
' COMMUNICATIONS
Vice Mayor Marx praised local artist Dale Evers and donated a copy of his book The Art and
Design of Dale J. Evers to the City.
COUNCIL LIAISON REPORTS
Vice Mayor Marx requested permission from the full Council to support the Zone 9
Committee's recommendation to amend the Zone 9 bylaws to include appointing one member
of the public at large. Council concurred.
Council briefly discussed possible memorial projects to honor former Council Member Bill
Roalman. Staff agreed to bring back ideas for future consideration and action by the Council.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 11:44 p.m. to Tuesday, April 9, 2002 at 12:00 noon in the Council Hearing Room,
990 Palm Street, San Luis Obispo.
APPROVED Y C CIL: 1 02
LP:m .�
Lee Price, C.M.C.
City Clerk