HomeMy WebLinkAbout10/05/2004MINUTES
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 5, 2004 - 7:00 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: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Joe Hazouri, Captain; Kathy Bishop, Administrative
Analyst, Wolfgang Knabe, Fire Chief; Mike McCluskey, Public Works
Director; Betsy Kiser, Principal Administrative Analyst; Jeff Hook,
Senior Planner; Mike Draze, Deputy Director Community
Development
PRESENTATIONS
1 Mayor Romero presented a proclamation for National Dental Hygiene Month to Renae
Chiovaro, Registered Dental Hygienist and Secretary for the Central Coast Dental
Hygienists', and Ann Havlik, Registered Dental Hygienist.
Mayor Romero announced that public hearing item 5 (Draft Margarita Area Specific Plan)
has been continued to the meeting of October 12th and will not be heard at this meeting.
Assistant CAO George introduced the City's new Seismic Coordinator Claire Clark, who
spoke briefly about the services this position will provide to the community.
PUBLIC COMMENT
Bruce Deile. San Luis Obispo, asked Council to help him resolve a situation that has arisen at
Food 4 Less because he has taken his service dog on their property. The dog does not have a
service vest or certification. He believes this is ADA discrimination. He said he has been
accused of trespassing and has been advised by the Police Department that he will be
arrested if he returns to the store.
CAO Hampian advised that staff will investigate Mr. Deile's concerns.
Bill Killian, San Luis Obispo, cited a recent situation which necessitated that he obtain
address history reports from the Police Department. He suggested that the costs for those
reports are excessive and asked that they be reduced. .
I ACAO George noted that those reports have been re- categorized and Mr. Killian will be
receiving a refund for a portion of what he paid for the reports.
City Council Meeting
Tuesday, October 5, 2004,7:00 p.m.
Page 2
Mary Beth Schroeder, San Luis Obispo, asked Council for assistance in resolving her 1
concerns about a neighbor who has been operating a business out of his house since he
was granted a home occupation permit.
Gary Fowler, San Luis Obispo, explained why he thinks the childcare program at the
Ludwick Center should be relocated so that the space can be used for the senior nutrition
program. He also asked that residents who live in the holiday parade staging area be given
vehicle passes.
CONSENT AGENDA
ACTION: Moved by Schwartz/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
C1. APPROVE MINUTES OF TUESDAY, SEPTEMBER 21.2004 REGULAR MEETING.
ACTION: Moved by SchwartzlMulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. ADOPT ORDINANCE NO. 1457 (2004 SERIES) MODIFYING THE WALTER BROTHERS
CENTER PLANNED DEVELOPMENT OVERLAY (PD 95 -04).
ACTION: Moved by Schwart7JMulholland to adopt Ordinance No. 1457 (2004 Series),
modifying Ordinance No. 1376 (2000 Series) eliminating the overall size restrictions
of non - governmental offices and allowing medical clinics and doctors offices;
motion carried 5:0.
C3. UNSCHEDULED PARK MAINTENANCE FIELD RAKE REPLACEMENT.
ACTION: Moved by Schwartz/Mulholland to 1) Approve a cooperative procurement
via purchase order to John Deere Company in the amount of $8,277.60 for one John
Deere field rake. 2) Approve transferring $8,300.00 from the Fleet Replacement
Fund completed projects account to a new equipment replacement account; motion
carried 5:0.
C4. FOOTHILL PUMP STATION ABANDONMENT, SPECIFICATION NO. 90448.
ACTION: Moved by Schwartz/Mulholland to 1. Approve plans and specifications,
and authorize staff to advertise bids for "Foothill Pump Station Abandonment,
Specification No. 90448." 2. Authorize the City Administrative Officer to award the
contract if the lowest responsible bid is within the engineer's estimate of $105,000;
motion carried 5:0.
PUBLIC HEARINGS
1. EXPENDITURE PLAN FOR 200405 STATE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUNDS.
Captain Hazouri presented the staff report. There were no questions.
Mayor Romero opened the public hearing. Hearing no comments, he closed the public '
hearing.
City Council Meeting
Tuesday, October 5, 2004, 7:00 p.m.
Page 3
ACTION: Moved by Ewan /Mulholland to adopt Resolution No. 9611 12004 Series)
' approving an expenditure plan for $100,000 from the 2004 -05 State Supplemental
Law Enforcement Services Funds (SLESF) to continue funding the salary and
benefits for a Police Field Services Technician and a Communications Technician;
motion carried 5:0.
2. 2004 -05 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENDITURE PLAN.
Captain Hazouri presented the staff report and responded to questions.
Mayor Romero opened the public hearing.
Mary Beth Schroeder, San Luis Obispo, noted her support of both this item and the prior
one.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9612 (2004 Series)
approving an expenditure of $9,800 in 2004-05 Local Law Enforcement Block Grant
Funds, with a required local City match of $1,089, to fund equipment and training to
enhance public safety services, as recommended by the Chief of Police; motion
carried 5:0.
3. HOUSING ELEMENT PROGRAM IMPLEMENTATION.
Community Development Director Mandeville and Senior Planner Hook presented the staff
' report and responded to Council's questions.
Senior Planner Hook explained that staff is requesting that Council incorporate in its
motion the following revisions to the language contained in the sections indicated below:
17.86.010 Purpose and intent. (Ordinance 1460) (2004 Series)
The word "offices" should be deleted from the phrase, "commercial office uses."
17.91.050 Procedures. (Ordinance 1458) (2004 Series)
The following statement should be added to the end of item B: "Dedicated open space is
not included in a site's net area."
17.91.140 Affordability Restrictions. (Ordinance 1458) (2004 Series)
Item 2) should be modified to require that affordability is maintained for the longest period
allowed or required by State law, but not less than 30 years.
Council Member Mulholland raised questions related to deed restrictions vs. shared equity
agreements, and expressed concern that a property originally designated as affordable
housing could lose its affordability if it is not deed- restricted. She also raised questions to
which staff responded related to when design review is required.
Vice Mayor Schwartz expressed concern that replacement housing built downtown must be
occupied and suggested that the language be crafted so as to make that clear. However,
there was no consensus to revise the language.
Mayor Romero opened the public hearing.
City Council Meeting
Tuesday, October 5, 2004, 7:00 p.m.
Page 4
John French, San Luis Obispo, referred to Table 2A, Inclusionary Housing Requirement
Adjustment Factor, and expressed concerns about base density. ,
It was noted that Table 2A will be reviewed for its effectiveness in a year and will be
modified if necessary.
Mayor Romero closed the public hearing.
Senior Planner Hook responded to Mr. French's questions. He explained that the
recommendation to add a sentence to section 17.91.050 related to the inclusionary housing
requirement that would not include dedicated open space in a site's net area will encourage
developers to dedicate open space land.
4.
ACTION: Moved by Ewan/Settle to introduce ordinances amending the Municipal
Code to implement Housing Element programs: 1) Ordinance No. 1458 (2004
Series ) Inclusionary Housing (Ch. 17.91); 2) Ordinance No. 1459 (2004 Series)
Residential Growth Management (Ch. 17.88); 3) Ordinance No. 1460 (2004 Series)
Downtown Housing Conservation (Ch. 17.86); 4) Ordinance No. 1461 (2004 Series)
Architectural Review Commission exemption for Small Residential Projects (Ch.
2.48); and 5) Ordinance No. 1462 (2004 Series) Non - Residential Uses Right to
Continue (Ch. 17.22); and adopt Resolution No. 9613 (2004 Series) amending the
Community Design Guidelines; motion carried 5:0.
BUSINESS ITEMS
EXCLUSION OF THE SAN LUIS OBISPO CHILDREN'S MUSEUM FROM
Principal Administrative Analyst Kiser presented the staff report.
Public Comments
Pat Ketchum, San Luis Obispo, Board Member of the SLO Children's Museum, spoke in
support of staff's recommendations.
—end of public comments—
ACTION: Moved by Schwartz/Ewan to 1. Make a determination based on 17.91.030
(B.8.) of the City's Affordable Housing Ordinance that the San Luis Obispo
Children's Museum is excluded from affordable housing fees. 2. Adopt Resolution
No. 9614 (2004 Series) amending the Parking In -Lieu Fees to include a new fee
category for Community Partners; motion carried 5:0.
CONTINUED PUBLIC HEARING
5. DRAFT MARGARITA AREA SPECIFIC PLAN AND FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT. (CONTINUED FROM SEPTEMBER 28, 2004).
This hearing has been canceled for the October 5t' meeting. It was continued on
September 28m to a special meeting on October 120.
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City Council Meeting Page 5
Tuesday, October 5, 2004, 7:00 p.m.
COUNCIL LIAISON REPORTS
' Council Member Mulholland reported on her attendance at a recent Economic Vitality
Corporation (EVC) meeting.
Council Member Ewan reported on his attendance at last week's Air Pollution Control District
(APCD) meeting.
Vice Mayor Schwartz said that he will attend a San Luis Obispo Council of Governments
(SLOCOG) meeting tomorrow morning (October e).
Mayor Romero reported on the recent Mayors' luncheon in Pismo Beach. He noted that, in
light of the recent ADA compliance lawsuits, Pismo Beach has recently adopted a
resolution requesting that the State enact a legislation allowing for a 90-day grace period to
resolve deficiencies, that other cities are doing the same thing, and that the League of
California Cities is investigating this matter.
Council Member Settle reminded the public about Proposition 1 A noting that its purpose is
to protect city and county finances.
It was noted that a special Council meeting on the Margarita Area Specific Plan will be held
on October 12th, that the October 19"' meeting will begin at 5:00 p.m., and that the meeting
of November 16th will begin at 4:00 p.m.
COMMUNICATIONS
1 None.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 8:28 p.m. to Tuesday, October 12, 2004, at 7:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 10119/2004
1
Audrey Hooped �)
City Clerk IV/