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Home My WebLink About06/18/2002ROLL CALL: Council Members Present: Council Members, John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Marx, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Wendy George, Assistant City Administrative Officer; Lee Price, City Clerk; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Tom Zuelner, Acting Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJamette, Assistant to the City Administrative Officer; Michael Codron, Associate Planner; Gil Trujillo, Assistant City Attorney; Ron Whisenand, Deputy Director of Community Development; Michael Draze, Deputy Director of Community Development; Mary Kopecky, Assistant City Clerk PRESENTATIONS Mayor Settle presented a proclamation to Parks and Recreation Director LeSage declaring the month of July 2002 as Recreation and Parks Month. Police Chief Gardiner introduced Nicole Brandt and Dan McDow recently hired Communication Technicians. He also introduced Armando Limon, Nick Kennedy, Gina Salazar, Jed O'Rourke, and Caleb Kemp, recently hired as San Luis Obispo Police Officers. PUBLIC COMMENT Sifu Kelvin Harrison reiterated claims of harassment and discrimination. Gary Fowler, 777 Mill Street, spoke against the City's fire truck donation to La Paz because Mexico refuses to extradite felons back to the United States. Mary Beth Schroeder, 2085 Wilding Lane, urged Council to encourage Cal Poly to develop student/faculty housing on campus. Willow Kelly, 1212 Orcutt, discussed a recent fatal accident on McMillan Road, asked Council to erect a stop sign at the comer of Laurel Lane and Orcutt Road, and urged Council to agendize a discussion about pedestrian safety. City Administrative Officer Hampian noted that pedestrian safety will be discussed as part of the Annual Traffic Safety Report tentatively MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 18, 2002 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members, John Ewan, Christine Mulholland, Ken Schwartz, Vice Mayor Jan Marx, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Wendy George, Assistant City Administrative Officer; Lee Price, City Clerk; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Tom Zuelner, Acting Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJamette, Assistant to the City Administrative Officer; Michael Codron, Associate Planner; Gil Trujillo, Assistant City Attorney; Ron Whisenand, Deputy Director of Community Development; Michael Draze, Deputy Director of Community Development; Mary Kopecky, Assistant City Clerk PRESENTATIONS Mayor Settle presented a proclamation to Parks and Recreation Director LeSage declaring the month of July 2002 as Recreation and Parks Month. Police Chief Gardiner introduced Nicole Brandt and Dan McDow recently hired Communication Technicians. He also introduced Armando Limon, Nick Kennedy, Gina Salazar, Jed O'Rourke, and Caleb Kemp, recently hired as San Luis Obispo Police Officers. PUBLIC COMMENT Sifu Kelvin Harrison reiterated claims of harassment and discrimination. Gary Fowler, 777 Mill Street, spoke against the City's fire truck donation to La Paz because Mexico refuses to extradite felons back to the United States. Mary Beth Schroeder, 2085 Wilding Lane, urged Council to encourage Cal Poly to develop student/faculty housing on campus. Willow Kelly, 1212 Orcutt, discussed a recent fatal accident on McMillan Road, asked Council to erect a stop sign at the comer of Laurel Lane and Orcutt Road, and urged Council to agendize a discussion about pedestrian safety. City Administrative Officer Hampian noted that pedestrian safety will be discussed as part of the Annual Traffic Safety Report tentatively City Council Meeting Page 2 Tuesday, June 18, 2002 - 7:00 p.m. scheduled for July 2, 2002 Council directed staff to coordinate another date to consider the report and to communicate the information to Ms. Kelly. 1 Fred Vemacchia,1930 Valle Vista, asked speakers to respect the three - minute time limit. Victor Montgomery, representative of Albertsons and Steve McGrath, Economic Opportunity Commission representative, asked Council to consider a written request filed with the City Clerk to reconsider the Council's March 19, 2002 action to hold in abeyance the appeal of the Cultural Heritage Committee historical significance determinations for the buildings at 2238 Broad Street, pending full and Independent analysis of Cultural Resources issues in the project Environmental Impact Report. Mr. McGrath noted that if the project is approved, Albertson's has offered to donate 1 Y2 acres to the Economic Opportunity Commission, which would allow them to construct their own building. Council Member Ewan stepped down due to a possible conflict of interest (owns a business in the immediate vicinity). Brief Council discussion followed. MOTION: Moved by Marx/Settle to reconsider the decision of Council regarding an appeal to the Cultural Heritage Committee; motion failed 2:2:0 (Mulholland, Schwartz opposed; Ewan refrained). CONSENT AGENDA Council Member Ewan returned to dais. Vice Mayor Marx pulled Consent Item No. 5 for discussion. ACTION: Moved by Mulholland/Ewan to approve the consent agenda with the exception of Item No. C5 as recommended by the City Administrative Officer; motion carried 5:0. C1. MINUTES OF TUESDAY, MAY 21, 2002 AND TUESDAY, JUNE 4, 2002. C2. ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as presented; motion carried 5:0. ACTION: Moved by Mulholland/Ewan to adopt a Resolution No. 9322 (2002 Series) authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent.accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties Involved; motion carried 5:0. C3. ADOPT RESOLUTIONS CALLING THE GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2002. ACTION: Moved by Mulholland/Ewan to: 1) Adopt Resolution No. 9323 (2002 Series) calling and giving notice of the holding of a General Municipal Election on Tuesday, November 5, 2002 for the election of certain officers as required by the provisions of the Charter, 2) Adopt Resolution No. 9324 (2002 Series) requesting the San Luis City Council Meeting Page 3 Tuesday, June 18, 2002 - 7:00 p.m. Obispo County Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 5, 2002 with the Statewide General Election to be held on that date; 3) Adopt Resolution No. 9325 (2002 Series) calling and giving notice of the holding of a General Municipal Election on Tuesday, November 5, 2002, for the submission of a proposed Charter Amendment (Council- Initiated); 4) Adopt Resolution No. 9326 (2002 Series) setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an Impartial Analysis; motion carried 5:0. DO ACTION: Moved by Mulholland/Ewan to approve an increase of $20,000 from $60,000 to $80,000 for fisheries consultation services from Thomas R. Payne and Associates and authorize the Mayor to execute contract Addendum No. 2 not to exceed a total contract price of $80,000; motion carried 5:0. C5. Tom Kay, 369 Chaplin, and Sharon Dawson, 1830 Corralitos, spoke against Item No. C5. They stated that the project developer promised that the structures were intended to be owner- occupied family dwellings but are now completely filled with students. City Attorney Jorgensen stated that the City is not legally permitted to discriminate on the basis of occupancy. He noted that there are no conditions on the project restricting who may purchase the property. He advised Council that what was before them was a ministerial act and Council did not have discretion to look at factors beyond the map. Council questions and discussion followed. Vice Mayor Marx suggested that staff investigate whether the garages were used for cars or have been illegally converted. Council Member Ewan noted that the best Council could do for the neighbors at this time was to put the developer /owners on notice that City would be monitoring the development's Covenants, Codes and Regulations (CC &R's). Council Member Schwartz noted that the City should make it clear to the owners/developer that the City would be rigid in follow up and if it became necessary the matter would be referred to the Police Department for action. ACTION: Moved by Ewan/Marx to: 1) Adopt Resolution No. 9327 (2002 Series) - approving the final map for Tract 2419 and authorizing the Mayor to execute the subdivision agreement. 2) Staff directed to monitor the use of garages for the balance of the.year and bring back periodic reports; motion carried 4:1 (Mulholland). C6. ADOPT 2002-03 APPROPRIATIONS LIMIT. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9328 (2002 Series) establishing the City's appropriations limit for 2002 -03; motion carried 5:0. City Council Meeting Page 4 Tuesday, June 18, 2002 - 7:00 p.m. C7. AUTHORIZE APPLICATION FOR GRANT FUNDS PER CAPITA BOND ACT 2000. 1 ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9329 (2002 Series) supporting an application for grant funds in the amount of $391,000 to the State of California, Department of Parks and Recreation Per Capita Program under the Safe Neighborhood Parks and Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for lighting Damon - Garcia Sports Fields; motion carried 5:0. C8. APPROVE 1123 MILL STREET (FORMER BOY SCOUT OFFICE) BUILDING MATERIAL REMOVAL, SPECIFICATION NO. 90313. ACTION: Moved by.Mulholland/Ewan to: 1) Find the bid submitted for the 1123 Mill Street building material removal project non - responsive; 2) Adopt Resolution No. 9330 (2002 Series) dispensing with the competitive bidding process as authorized under the Public Contract Code Section 20166; 3) Authorize staff to solicit written quotes for completing the building material removal; 4) Authorize an additional appropriation from the CIP Reserve Account up to $5,000 to allow the City Administrative Officer to award the contract if the cost is in excess of the Engineer's Estimate; motion carried 5:0. PUBLIC HEARINGS 1. DAMON GARCIA SPORTS FIELDS A. B. City Administrative Officer Hampian introduced the items and emphasized that the Prado Road realignment was not on the agenda. Associate Planner Codron presented a project history highlighting major components. Parks and Recreation Commission Chairperson Dunan, voiced support for the project. David Foote. FIRMA Representative, 849 Monterey Street, discussed windbreaks, flooding, the botanical study, the lighting and the park design. Mayor Settle opened the public hearing. Speaking in favor of the sports fields and moving the proiect ahead auickly: John Spatefore. Board Member Youth Sports Association Dave Romero, 2057 Skylark Lane Fred Vemaccla, 1100 Monterey Richard Kreit, 206 Marlene Andrew Carter, 1283 Woodside Drive i� II� City Council Meeting Page 5 Tuesday, June 18, 2002 - 7:00 p.m. Speaking in favor of the project but against the realignment of Prado Road: Nick Muick, 3731 Orcutt Road, read excerpts from Cathleen Corlett's letter, Landscape Architect, (letter on file in the Office of the City Clerk) Bill Wilson, 1690 Southwood Drive MVIa Vuiovich- LaBarre, 650 Skyline (memo on file in the Office of the City Clerk) Mary Beth Schroeder, 2085 Wilding Lane Speaking against the sports field project: Mark King, 1196 Oceanaire, read a letter from Cultural Resource Specialist Patti Dutton expressing concerns that the sports complex would disturb Native American cultural resources (letter on file in the Office of the City Clerk). Mayor Settle closed the public hearing. Mayor Settle called a break at 8:45 p.m. The meeting resumed at 9:00 p.m. Council Member Mulholland suggested amending the draft resolutions by changing the word "should" (used several times in both resolutions) to "shall." Council concurred. Vice Mayor Marx expressed hope that the field lighting would not intrude on nearby neighborhoods like the Cal Poly baseball field has. Parks and Recreation Director LeSage explained that the City will require 200 feet between light poles, which will not light the entire complex or result in spillover light on to Broad Street. Further, lights will be turned off lighting at 10:00 p.m. He also Indicated that the City had contacted Native American community representatives and reported that any area flagged by the Army Corps of Engineering would be isolated and removed from the project. Individual Council comments in support of the staff recommendation followed. ACTION: Moved by Ewan/Settle to: 1) Adopt Resolution No. 9331 (2002 Series) as amended approving a negative declaration of environmental impact and amending the General Plan policy to allow parks and sports fields development in the Margarita Area before specific-plan adoption. 2) Introduce Ordinance No. 1419 (2002 Series) rezoning most of the Damon - Garcia site to Public Facility, while leaving the creek corridors zoned Conservation/Open Space. 3) Adopt Resolution No. 9334 (2002 Series) as amended approving Administrative Use Permit No. A 185- 99 for the Damon - Garcia Sports Fields Complex and adopt Mitigated Negative Declaration No. ER 185 -99 for the project; motion carried 5:0. 2. ADOPT THE 2002 -03 BUDGET. City Administrative Officer Hampian presented introductory comments. Finance Director Statler presented the staff report. Assistant City Administrative Officer George gave a status report on the Major City Goals. Brief Council questions followed. Mayor Settle opened the public hearing. 1 City Council Meeting Tuesday, June 18, 2002 - 7:00 p.m. Page 6 Dave Romero, 2057 Skylark Lane, urged Council not to cut funding from the street maintenance program. He expressed hope that Home Depot would open soon and that Costco would come to San Luis Obispo. Mayor Settle closed the public hearing. Mayor Settle encouraged citizens to write to State representatives asking that the State allow Vehicle License Fees to remain as revenues for municipal governments. Brief Council discussion ensued. ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9332 (2002 Series) approving amendments to the 2001 -03 Financial Plan and appropriating funds for fiscal year 2002 -03 in the amount of $77,125,200; motion carried 5:0. BUSINESS ITEMS 3. CREEK AND FLOOD FUND AND FEE SCHEDULES. Assistant City Attorney Truiillo presented the staff report. Vice Mayor Marx recommended rescinding the Creek Flood Protection Fund and Fee Schedules until legal issues pending as a result of a recent court decision regarding the City of Salinas have been resolved (see memo on file in the Office of the City Clerk). Brief Council discussion ensued. Public Comments: Speaking in favor of rescinding the fee: Andrew Carter, 1283 Woodside Drive Dave Romero, 2057 Skylark —end of public comments— Assistant City Attorney Truiillo clarified that the flood protection fund program itself was not part of the Salinas lawsuit. He presented alternative language for consideration that would rescind the fee and maintain flood protection fund program activities and projects as established by Resolution No. 9317 (2002 Series). Council Member Mulholland . spoke in support of rescinding the fee and repealing the Creek and Flood Protection Fund in its entirety. She asked that the Council consider both actions, but suggested they be taken as two separate motions. Mayor Settle expressed concern regarding the City's liability if the fee were not rescinded. Council Member Ewan spoke in favor of maintaining the Creek and Flood Protection Program as established but agreed to rescind the fee. ACTION: Moved by Marx/Ewan to adopt Resolution No. 9333 (2002 Series) as amended by repealing the fee schedule for residential and non- residential accounts and by specifying that the Creek and Flood Protection Fund as established by City Council Meeting Page 7 Tuesday, June 18, 2002 - 7:00 p.m. Resolution No. 9317 (2002 Series) remains unchanged; motion carried 4:1 (Mulholland). COUNCIL LIAISON REPORTS Council Member Schwartz presented an update of the June 5, 2002 meeting of the San Luis Obispo Council of Governments (SLOCOG) and San Luis Obispo Regional Transit Authority (SLORTA) (memo on file in the Office of the City Clerk). Council Member Schwartz summarized the June 13, 2002 meeting of the Highway Barrier Design Ad Hoc Committee (memo on file in the Office of the City Clerk). Council Member Mulholland reported on the June 5, 2002 Water Resources Advisory Committee (WRAC) meeting. Council Member Mulholland recapped the June 11, 2002 Downtown Association Board meeting. Council Member Mulholland summarized the June 12, 2002 Mass Transportation Committee meeting. Vice Mayor Marx presented a review of the May 9, 2002 Zone 9 meeting and distributed a revised Zone 9 EIS/R schedule (on file in the Office of the City Clerk). COMMUNICATIONS Mayor Settle questioned how the California Department of Housing and - Community Development determined the number of.mandated housing units required for individual cities. Council directed staff to acquire information from the State of California about the methodology for assigning housing allocations. Vice Mayor Marx discussed an Internet news article she recently read regarding the relationship between urban design and the cost of living (memo on file in the Office of the City Clerk). There being no further business to come before the City Council, Mayor Settle adjourned the meeting at 10:50 p.m. to Tuesday, July 2, 2002 at 4:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. i bz��'e Mary Kopecky, C. Assistant City C erk APPROVED BY COUNCIL: 07/02/02 1