HomeMy WebLinkAbout04/04/2006MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 4, 2006 - 6:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
CALL TO ORDER
Mayor Romero called a special meeting to order at 6:30 p.m.
ROLL CALL:
Council Members
Present: Council Members Paul Brown, John Ewan, Christine Mulholland,
Vice Mayor Allen Settle and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City
Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Monica Irons, Human Resources Director; John Moss,
Utilities Director; Betsy Kiser, Parks and Recreation Director; Mike
Draze, Deputy Community Development Director; Jeff Hook, Senior
Planner
CLOSED SESSION
City Attorney Lowell announced the Closed Session topic for the Special Meeting and the
Closed Session topic for the Regular meeting, following which Council adjourned to the first
Closed Session at 6:30 p.m. and the second Closed Session at 6:45 p.m.
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation
Pursuant to Government Code § 54956.9
MADONNA CONSTRUCTION COMPANY, etc. v. CITY OF SAN LUIS OBISPO, et al.
Santa Barbara County Superior Court Case No: 1166441
The Closed Sessions adjourned at 7:00 p.m. and the Regular Meeting convened with all
Council Members present.
City Attorney Lowell reported that: 1) The first Closed Session was called as a special
meeting and Council provided direction to its labor negotiators. 2) The second Closed
Session was held. At this time, there was no reportable action. Council Member Ewan did
not participate in this Closed Session because of a potential conflict of interest related to
business dealings with the Madonna family.
INTRODUCTION
' CAO Hampian introduced new Parks and Recreation Director, Betsy Kiser.
City Council Meeting
Tuesday, April 4, 2006 — 6:45 p.m.
Page 2
PROCLAMATION
Mayor Romero presented Shannon Bates, Children's Services Supervisor, with a
proclamation proclaiming April 2006 as the "Month of the Child" and "Child Abuse Prevention
Month," and April 8, 2006, as "Day of the Child."
Children's Services Supervisor Bates and the following children who have participated in the
City's programs presented the Mayor, Council Members and CAD Hampian with pictures and
ribbons expressing their appreciation for the child care programs offered by the City:
kindergartner Eve Hedges, 2nd grader Shelby Holand, kindergartner Gabby Wood, 2nd grader
Katie Chapman, kindergartner Haley Heiden, and 5th grader Eric Fitter.
Deborah Cash, Downtown Association Administrator, and Marshall Ochvlski, Chairperson
of the Awards Committee, presented a slide show acknowledging the winners of the
Downtown Beautification Awards.
Larry Allen. Director of SLO County Air Pollution Control District, made a presentation
regarding global warming and the District's Climate Protection Program. He encouraged
increased City participation in the program.
PUBLIC COMMENT
Dane Senser, San Luis Obispo, expressed concern related to the City's reaction to his
comments and pointed out that they are meant to be constructive criticism. In response to
Council Member Mulholland, he confirmed that he resides within the City.
Sifu Kelvin- Harrison, San Luis Obispo, discussed his continuing concerns regarding personal
harassment.
Joseph Carotenuti, San Luis Obispo, discussed his ongoing research of the City's minutes
going back to 1870, noted that the City's Sesquicentennial is for its incorporation as a "town,
and said that San Luis Obispo did not become a "city" until 1876. He distributed copies of
and referenced an article on streets ( "On The Street Where You Live ") in the March issue of
the Central Coast Journal, and suggested that Council consider giving some of the City
streets names commemorating individuals as a way of celebrating the Sesquicentennial.
CONSENT AGENDA
Council Member Mulholland stated that because she could not support some of the
components of item C7 (Ordinance Amendment Parking Meter Rates), she would oppose this
item.
Vice Mayor Settle also said that he would oppose item C7.
C1.
ACTION: Moved by Mulholland/Ewan to approve the Consent Agenda as
recommended by the City Administrative Officer; motion carried as indicated for each
item.
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Tuesday, April 4, 2006 — 6:45 p.m.
ACTION: Moved by Mulholland/Ewan to waive oral reading and approve as
presented; motion carried 5:0.
C2. WATER TREATMENT PLANT IMPROVEMENT PROJECT.
ACTION: Moved by Mulholland/Ewan to approve Amendment No. 4 to the contract
with Black and Veatch for Phase III services for construction management and plant
control system configuration services for the Water Treatment Plant Improvement
Project for an additional amount not to exceed $1,088,934 and authorize the Mayor
to execute the Amendment; motion carried 5:0.
C3. AMENDMENT NO. 8 TO U.S. ARMY CORPS OF ENGINEERS LICENSE FOR SALINAS
RESERVOIR.
ACTION: Moved by Mulholland/Ewan to approve Amendment No. 8 to the Salinas
Dam License Agreement to extend the permit date to June 30, 2011, and authorize
the Mayor to sign the amendment between the City of San Luis Obispo and the
Secretary of the Army (U.S. Army Corps of Engineers); motion carried 5:0.
C4. FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D
CONSTRUCTION MANAGEMENT AMENDMENT.
ACTION: Moved by Mulholland/Ewan to approve Amendment No. 9 to the
Construction Management Services Agreement with MRO Engineers and authorize
the Mayor to execute the Amendment; motion carried 5:0.
C5. MANAGEMENT EMPLOYEES' (INCLUDING APPOINTED OFFICIALS')
COMPENSATION.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9782 (2006 Series)
approving management compensation through December 31, 2006; motion carried
5:0.
C6. 2006 PAY FOR PERFORMANCE ADJUSTMENTS FOR CITY ADMINISTRATIVE
OFFICER AND CITY ATTORNEY.
ACTION: Moved by Mulholland/Ewan to 1) adopt Resolution No. 9783 (2006 Series)
adjusting the annual salary of the City Administrative Officer (CAO). 2) Adopt
Resolution No. 9784 (2006 Series) adjusting the annual salary of the City Attorney;
motion carried 5:0.
C7. INTRODUCTION OF AN ORDINANCE AMENDING PARKING METER RATES.
ACTION: Moved by Mulholland/Ewan to introduce Ordinance No. 1492 (2006 Series)
to amend San Luis Obispo Municipal Code Section 10.52.010 to reflect Council
adopted changes to the Downtown meter area, Slack Street, and increased parking
meter rates; motion carried 3:2 (Mulholland/Settle opposed).
PUBLIC HEARINGS
1, PLANNING COMMISSION RECOMMENDATION TO APPROVE A CONSERVATION
AND OPEN SPACE ELEMENT (COSE) TO THE GENERAL PLAN AND RELATED
GENERAL PLAN AMENDMENTS (GPA/ER 149 -98) - CONTINUED FROM 2/28/06 AND
3/21/06-
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Tuesday, April 4, 2006 — 6:45 p.m.
Community Development Director Mandeville introduced this item, following which Senior
Planner Hook presented the staff report, which included a recap of Council direction from
the meeting of February 28 and an overview of the recommendations before Council at this
meeting. Throughout the presentation questions were answered by staff, including Deputy
Community Development Director Draze and Utilities Director Moss, and Planning
Commission Vice Chair Andrea Miller.
Mayor Romero opened the public hearing. He called for general comments at this time and
deferred comments specific to the various policy areas at the time they were discussed.
Andy Pease, SLO Green Build, expressed appreciation for maintaining the essential green
component in the COSE.
Jodee Bennett, San Luis Obispo, spokeperson for ECOSLO, and docent for the Natural San
Luis Program, stated for the record that many people preferred maintaining the 1994 Open
Space Element because much of the protective language contained in it was not carried
forward. She spoke in support of comments submitted previously by Don Dollar and others,
and asked Council to consider adding language to restore funding for open space acquistion
and preservation of agricultural land.
Andrew Christie, Coordinator for the Santa Lucia Chapter of the Sierra Club, expressed his
view that the proposed COSE is less protective of. open space than the 1994 Open Space
Element. He concurred with the recommendation of Residents for Quality Neighborhoods
that a standing open space committee should be established.
Michael Sullivan, San Luis Obispo, said that funding and adoption of an Open Space Element
are critical.
Eugene Jud, San Luis Obispo, encouraged Council to seriously consider establishing an open
space commission. He also suggested that Council should make it known that the current
Marketplace initiative is a dangerous misuse of the initiative process.
Jan Marx, San Luis Obispo, referred to her letter dated February 24"' (on file in the City Clerk's
office) and stressed the importance of the City reaffirming its financial commitment to open
space per a $200,000 year level. She explained why she thinks Council should establish an
open space committee.
David Chipping, Los Osos, spoke in support of re- establishing an environmental quality task
force.
The following summary reflects amendments concurred with by a majority of the Council
Members, as well as public comments.
4.22.2 Alternative transportation. The word "pedestrian" will be added prior to "bicycles." in
addition, the words "Community Trip Reduction" will be added to the reference to the
Circulation Element.
8.10 Background. The word "values" will be deleted from the end of the first sentence in the
second paragraph. The following phrase in the next sentence will be changed as follows: "...
the Greenbelt and open space are is-a -tools for preserving habitat..."
8.15 Understanding Open space. The phrase "in the generic sense" will be changed to
"generally." The words "in such use" will be deleted from the last sentence of the last
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Tuesday, April 4, 2006 — 6:45 p.m.
paragraph. In addition, these words will be dropped from the definition of agriculture in the
Glossary (Appendix D) and from section 6.1.3 of the Land Use Element.
Goal 8.22.H The word "feasible" will be replaced with "viable."
Ms. Marx explained why she thought an additional goal (8.22N) should be added to 8.22
related to the unincorporated area bounded by Los Osos Valley Road, Madonna Road and
Highway 101. (More detailed information on this proposal is on file in the City Clerk's office in
Ms. Marx's letter of February 24.)
There was not a majority consensus to add the goal recommended by Ms. Marx.
8.22.2 Open space buffers. The word "adequate" will be deleted from the first sentence and
the phrase "as determined by a qualified professional" will be added after "protected area" in
the next to last line.
8.22.2.F "Should" will be changed to "shall" in the fourth sentence.
Council recessed at 9:10 p.m. and reconvened at 9:25 p.m.
8.24.3 Landform modifications in open space. This policy was eliminated.
8.24.6 Passive Recreation. The words "and where there are no significant neighborhood
compatibility impacts" were added after "resources" in the first sentence. The words "off
road" were deleted.
1 8.25.1.0 The words "prime agricultural soil on" were deleted from the first sentence.
Mr. Sullivan recommended that 8.25.1.0 be entirely eliminated.
There was not a consensus to eliminate 8.25.1.C.
Mr. Sullivan suggested that policy 8.30.1 A should be eliminated because it is inconsistent with
the Land Use Element.
There was not a consensus to eliminate 8.30.1 A.
Mr. Sullivan referred to language contained in page 4 of his letter (on file in the City Clerk's
office) which he proposed be added to program 8.30.1 B.
There was not a consensus to add language to program 8.30.1 B.
8.30.1 D 2) There was consensus to add "maintain annual funding for open space acquisition
and protection and will" after "The City will" in the second sentence.
Mr. Sullivan suggested that the words "including general fund support" should also be added
to this program.
There was not a consensus to add the suggested language.
8.30.1 E The words "and open space ordinance" will be added to the end of the first sentence.
8.30.1 N The words "and periodically review" will be added after "establish" and the word Vor"
will be deleted prior to "dimensions."
City Council Meeting
Tuesday, April 4, 2006 — 6:45 p.m.
Ms. Bennett spoke on behalf of Ms. Marx and the suggestion she made in her letter of
February 24 to program 8.30.10, establishing an open space committee.
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Vice Mayor Settle suggested that this should be an environmental committee or commission
and Council Member Mulholland concurred.
Patricia Wilmore, representing the SLO Chamber of Commerce, spoke in opposition to such a
committee.
Mr. Jud spoke in support of the committee.
Mr. Sullivan concurred with Vice Mayor Settle and spoke in support of the committee.
Ms. Bennett spoke of her own support of the committee.
There was not a majority consensus to establish a committee.
9.21.5 View protection in new development. As suggested in Ms. Marx's letter, the words
"include in all environmental review and" will be added after "The City will" and "Height
Restrictions, Hillside Standards" will be added after "Community Design Guidelines."
In response to Mayor Romero's concern that some of the items in section 9 (9.21.4, 9.22.1,
9.30.3, 9.30.8) relate more to highways or roads than to open space, Council concurred that an
updated map showing scenic roadways should be included in the Circulation Element
consistent with Figure 11, along with an explanatory note defining scenic highways and
generally describing policies to be addressed in the COSE.
9.30.9 Undergrounding utilities. The word underground will be moved after the word
"utilities."
9.30.13. Monitor Viewsheds. The words "as part of the Land Use Element update process"
will be deleted.
Figure 11. As proposed by Mr. Jud, the area along the Marsh Street off ramp (Highway 101,
between the Gearhard property and the Marsh Street off ramp) will reflect a "high scenic
value," instead of "high or moderate scenic value outside City limit."
Council recessed at 11:07 p.m. and reconvened at 11:15 p.m.
10.21.1 Water use planning. The following langauge will be added at the end of the
paragraph: "Water use planning shall take into account the reliability reserve and related
concepts set forth in Section 909 of the Charter of the City of San Luis Obispo and the
Water and Wastewater Management Element."
Goal 10.22: Water Ouality. The words "including domestic supply" will be deleted.
Mr. Sullivan asked Council to reconsider Appendix B613 because the City might want to
acquire open space that is in an urban setting near developed or potentially developing
properties (i.e., Brownsfields or blighted areas).
There was not a consensus to change Appendix B613.
Appendix C2. The words "and the City's Open Space Ordinance" will be added after "Plans."
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Appendix C3. Ms. Bennett agreed with suggestions by Council Member Mulholland, that this
should be revised to place "Protection of scenic resources" and "Agricultural production"
( "lands ") under Priority 1 and to combine the other items under Priority 2 and 3 into Priority 2.
There was not a majority consensus to revise the priorities.
Appendix D: Glossary
Conservation. This definition is associated with energy conservation and will be designated
accordingly. In addition, a definition pertaining to natural resource conservation will be
added.
Solar access. The hours of 10:00 a.m. to 3:00 p.m. will be included.
Mayor Romero closed the public hearing.
Council Member Mulholland said that she will vote in favor of the COSE, but expressed
concern with the process and loss of specificity in the Open Space Element.
Vice Mayor Settle concurred. He also expressed regret that a commission wasn't approved.
2.
ACTION: Moved by Ewan/Brown to adopt Resolution No. 9785 (2006 Series) that:
1) approves a negative declaration of environmental impact, 2) adopts the proposed
COSE (March 2006 draft) as modified by the City Council, and 3) amends the
General Plan Circulation, Housing, Land Use, Parks and Recreation, Safety, and
Water and Wastewater Elements to maintain consistency with the new element;
motion carried 5:0.
(GP/R/ER 78-05) - CONTINUED FROM 2/21/06,2/28/06 AND 3/21/06.
Community Development Director Mandeville presented the staff report.
Mayor Romero opened the public hearing.
None.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Ewan to 1) adopt Resolution No. 9786 (2006 Series) to
approve amendments to the General Plan Land Use Element map to change the land
use designation for the site from Neighborhood Commercial to Community
Commercial and approve a Negative Declaration (ER 78 -05). 2) Introduce Ordinance
No. 1493 (2006 Series) to amend the Zoning Map from Neighborhood Commercial
Special Considerations (C -N -S) to Community Commercial Special Considerations
(C -C -S). 3) Adopt Resolution No. 9787 (2006 Series) to approve a master use permit
to allow a specific set of land uses for the Village Marketplace; motion carried 4:1
(Mulholland opposed).
BUSINESS ITEM
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Tuesday, April 4, 2006 - 6:45 p.m.
3. VIDEO MONITORING POLICY.
Continued to meeting of April 18, 2006.
COUNCIL LIAISON REPORTS
Continued to the meeting of April 18, 2006.
COMMUNICATIONS
With a 4:0:1 consensus (Settle recused), Council directed staff to place the matter of
Supervisor Lenthall's request for a Dalidio Ranch Task Force on the April 18, 2006, Agenda.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at midnight.
i
Audrey Ho er
City Cler
APPROVED BY COUNCIL: 4118/06
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