HomeMy WebLinkAbout06/02/2009, C1 - MINUTES lin-ETING AGENDA
DATE T ITEM # C 2
MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 5, 2009
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
4:00 P.M. SPECIAL MEETING —COUNCIL CHAMBER
ROLL CALL:
Council Members
Present: Council Members John Ashbaugh, Andrew Carter, Jan Howell Marx, Vice
Mayor Allen K. Settle and Mayor Dave Romero
City Staff
Present: Ken Hampian, City Manager, Jonathan Lowell, City Attorney, Shelly
Stanwyck, Assistant City Manager, and Audrey Hooper, City Clerk, were
present at Roll Call. Other staff members presented reports or responded
to questions as indicated in the minutes.
PUBLIC HEARINGS --_--�-
1. SHORT RANGE TRANSIT PLAN (SRTP)
Transit Manager Webster and consultant Stuart Geltman presented the report. They
and Deputy Public Works Director Bochum responded to questions.
Mayor Romero opened the public hearing.
Louise Justice, Judson Terrace resident, displayed photographs of riders on Route 1 and
expressed concern about the potential adverse impacts a change in this route will have
on residents of the Judson Terrace Homes and Lodge. (Ms. Justice's statement is on file
in the City Clerk's office.)
Elizabeth Thvne, alternate representative on the Mass Transportation Committee (MTC),
spoke in support of the proposed SRTP and suggested that some adjustments can be
made to assure the mobility of senior citizens.
Stan Yucikas, resident and member of the MTC, also spoke in support of the SRTP.
.Deputy Director Bochum referred to e-mail from Susan Rains, Chair of the MTC,
documenting her support of the proposed SRTP. (Ms. Rain's e-mail is on file in the City
Clerk's office.)
Mayor Romero closed the public hearing.
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Council Members Carter, Ashbaugh and Mayor Romero spoke in support of the
proposed SRTP.
ACTION: Moved by Settle/Marx to, as recommended by the Mass Transportation
Committee and the Planning Commission: 1. Adopt the 2009 Short Range Transit Plan,
with modifications as recommended by the Mass Transportation Committee on January
14, 2009, and endorsed by the Planning Commission on April 8, 2009. 2. Approve the
Negative Declaration as recommended by the Planning Commission; motion carried
5:0.
2. PROCEDURES FOR RECYCLED WATER.USE..
Utilities Director Mattingly introduced this item, following which Utilities Project Manager
Metz presented the agenda report. They, Water Supervisor Henderson.and Assistant
City Manager Stanwvck responded to questions.
Discussion ensued regarding the proposed annual Construction Water Permit Program
fee structure and whether there should be more alternatives, such as having a short-term
permit available. However; consensus was that the program, which is much like a pilot
program, will remain as proposed for the first year. At the end of the first year, staff will
report back to Council. Additionally, staff will prepare information related to the use of
recycled water in an agricultural context.
Mayor Romero opened the public hearing.
No comments were forthcoming and Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Carter to: 1. Introduce Ordinance No. 1526 (2009 Series)
adding Section 13.24.20 to the City's Municipal Code regarding Procedures for
Recycled Water Use. 2. Adopt Resolution No. 10076 (2009 Series) establishing fees
for Construction Water Permits to take effect upon the effective date of the above
ordinance; motion carried 5:0.
BUSINESS ITEMS
3. SEWER-SYSTEM MANAGEMENT PLAN (CONTINUED FROM THE MEETING
OF APRIL 21, 2009).
Utilities Director Mattingly, Wastewater Collection Supervisor Nance, and Utilities Project
Manager Metz presented the agenda report. They and Water Division Manager Hix
responded to questions.
Vice Mayor Settle stated for the record his concerns that the Sewer System Management
Plan will not protect the City from potential liability and litigation.
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Public Comments
None were forthcoming.
--end of public comments--
ACTION: Moved by Settle/Marx to: Adopt Resolution No. 10077 (2009 Series)
approving the Sewer System Management Plan (SSMP) and authorize the Utilities
Director, as the City's authorized representative, to file a Notice of Completion with the
State Water Resources Control Board (SWRCB); motion carried 5:0.
4. PARKING FINE PASS THROUGH FOR STATE AND COUNTY SURCHARGES
(CONTINUED FROM THE MEETING OF APRIL 21, 2009).
Public Works Director Walter introduced this item following which Parking Services
Manager Horch presented the agenda report. He and Deputy Public Works Director
Bochum responded to questions.
Public Comments
Deborah Cash, Executive Director of the Downtown Association, said the Association
concurs with the recommendation and discussed thesteps it's taking to educate its
members and customers regarding parking fines..
--end of public comments—
Council Member Carter suggested that it might be wise for staff to review the fines
shown on page 64-7 of the agenda report to ensure that they are appropriate today.
Discussion ensued regarding the fines. There was general consensus that staff should
review all fines and violations as part of its work program for the year and return with
recommendations, if appropriate.
ACTION: Moved by Ashbaugh/Marx: 1. Adopt Resolution No. 10078 (2009 Series) to
approve the immediate increase of all San Luis Obispo parking fines by $10 to cover the
City's cost of additional surcharges imposed by the State of California and the County of
San Luis Obispo. 2. Direct staff to work with our State legislators to seek special
legislative relief from the retroactive payment of surcharges for the period of January 1,
2003, to December 31, 2008; motion carried 4:1 (Settle opposed).
City Attorney Lowell announced that a Closed Session Conference with the City's Labor
Negotiator would be held following this meeting as indicated below.
The Special Meeting adioumed to a Closed Session at 6:10 p.m.
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6:00 P.M. - CLOSED SESSION - COUNCIL HEARING ROOM
ANNOUNCEMENT OF CLOSED SESSION TOPIC
City Attorney Lowell announced the following Closed Session topic:
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code § 54957.6
Agency Negotiator: Monica Irons
Employee Organizations: San Luis Obispo City Employees Association (SLOCEA)
San Luis Obispo Police Officers Association (SLOPOA)
San Luis Obispo Police Staff Officers Association (SLOPSOA)
San Luis Obispo Fire Association (Fire)
San Luis Obispo Fire Battalion Chiefs Association
Unrepresented Confidential Employees
Unrepresented Management Employees
PUBLIC COMMENT ON CLOSED SESSION ITEM
Mayor Romero called for public comments. None were forthcoming and the meeting
adjourned to the Closed Session.
CLOSED SESSION REPORT
City Attorney Lowell reported on the Closed Session at the commencement of the
Regular meeting as indicated below.
The Closed Session adjourned at 7:00 p.m.
7:00 P.M.- REGULAR MEETING - COUNCIL CHAMBER
The regular meeting commenced at 7:05 p.m.
CLOSED SESSION REPORT
City Attorney Lowell reported that Council met in Closed Session to discuss Labor
Negotiations as indicated above. Council provided direction to its labor negotiator. No
further reportable action was taken.
PRESENTATION
Bob Hather, President of the Monday SLO Rotary Club, and Roxanne Carr, immediate
Past President, presented the City with a check in the amount of$50,000 for section 4A
(i.e., the "Missing Link," a 500-foot section from Cal Poly's border to Foothill Boulevard)
of the railroad bike safety trail.
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Jan Marx, speaking as a Rotary member who spearheaded the campaign to raise funds
for the "Missing Link," presented Council with a $35,000 check from and acknowledged
community sponsors and Cal Poly marketing student teams who participated in this
project by donating money to design, print and mail brochures, set up a website with
online donation capacity, and assist in other ways. She said the Rotary is requesting
that, at the appropriate time, the City name the "Missing Link" portion of the trail the
"Rotary/Conner/Cletsoway" section.
PROCLAMATIONS
Mayor Romero presented Morgen Marshall, SLO Regional Rideshare Manager, with a
proclamation proclaiming May 2009 as Bike Month and the week of May 19-23, 2009,
as Bike to Work and School Week.
Mayor Romero presented Tim Girvin, Chief Building Official of the City of San Luis
Obispo, with a proclamation acknowledging May 3-9, 2009, as Building Safety Week.
Mayor Romero presented Biz Steinberg, CEO of the former Economic Opportunity
Commission (EOC) with a proclamation recognizing the EOC's change in name to
Community Action Partnership of San Luis Obispo County, Inc., and proclaiming May
2009 as Community Action Month.
PUBLIC COMMENT
Don Ernst, attorney, asked that Council grant him a hearing to remove property on Palm
Street (between Osos and Santa Rosa) from the boundaries of the existing fire sprinkler
ordinance district.
A brief discussion ensued, following which Council directed staff to place a presentation
by Mr. Ernst on this matter on an upcoming agenda.
CONSENT AGENDA
ACTION: Moved by Settle/Ashbaugh to approve the Consent Agenda as indicated
below.
C1. WATER RECLAMATION FACILITY: CLARIFIER 2 AND FACILITY
MAINTENANCE PAINTING PROJECT: SPECIFICATION NO. 90907.
ACTION: Moved by Settle/Ashbaugh to: 1. Approve the plans and specifications for
"Water Reclamation Facility: Clarifier 2 & Facility Maintenance Painting Project,
Specification No. 90907" and authorize staff to advertise for bids. 2. Authorize the City
Manager to award the contract if the lowest responsible bid is within Engineer's
Estimate of$220,000; motion carried 5:0.
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C2. AMENDED RESOLUTION REQUESTING GRANT SUPPORT FROM THE
LAND AND WATER CONSERVATION FUND FOR THE FROOM RANCH
ACQUISITION PROJECT.
ACTION: Moved by Settle/Ashbaugh, by minute order, to rescind Resolution No. 10056
(2009 Series) and adopt Resolution No. 10079.(2009 Series) with amendments
authorizing staff to complete and submit an application for grant monies in the amount
of$200,000 from the Land and Water Conservation Fund, which would be used in
support of the acquisition of a 310-acre portion of the Froom Ranch in the Irish Hills;
motion carried 5:0.
C3. LICENSE AGREEMENT GRANTING RIGHT-OF-WAY FROM TIM AND KAREN
TWISSELMAN AT JOHNSON RANCH OPEN SPACE.
ACTION: Moved by Settle/Ashbaugh to: 1.. Authorize Staff to enter into License
Agreement with Tim and Karen Twisselman to permit construction and use of a non-
motorized trail crossing a portion of the Twisselmans' property adjacent to the Johnson
Ranch Open Space. 2. Approve a Release, Waiver of Liability, Assumption of Risk and
Indemnity Agreement providing legal protections to the Twisselmans for public use of
the Licensed Area. 3. Authorize the Mayor to sign the License and Release
Agreements; motion carried 5:0.
C4. 133 CHORRO STREET SEWER EASEMENT.
ACTION: Moved by Settle/Ashbaugh to accept an easement from the owners of the
property located at 133 Chorro Street, which provides for permanent sewer access;
motion carried 5:0.
C5. BROAD AND PISMO TRAFFIC SIGNAL REPAIRS.
ACTION: Moved by Settle/Ashbaugh to: 1. Authorize the creation of a new CIP project
to repair the damage to the Broad and Pismo traffic signal caused by a recent traffic
collision. 2. Approve the transfer of$35,000 from the CIP reserve to the new Broad and
Pismo Signal Repair project; motion carried 5:0.
C6. REQUEST FOR PROPOSALS — BLADE WORKSTATION SYSTEM FOR THE
NEW.PUBLIC SAFETY COMMUNICATIONS AND EMERGENCY
OPERATIONS CENTER: SPECIFICATION No. 90910.
ACTION: Moved by Settle/Ashbaugh to approve the request for proposals (RFP) for a
blade workstation system for the new Public Safety Communications and Emergency
Center Project and authorize the City Manager to award the contract if within the
approved budget of$206,800;motion carried 5:0.
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PUBLIC HEARINGS
5. APPEAL OF THE TREE COMMITTEE'S DECISION TO DENY
HOMEOWNERS' REQUEST TO REMOVE ONE TREE EACH AT 1745 AND
1750 DE ANZA COURT (CONTINUED FROM THE MEETING OF APRIL 7
City Arborist Combs and Public Works Director Walter presented the agenda report and
responded to questions.
.Mayor Romero opened the public hearing.
Bob Nunn, appellant for 1745 De Anza Court, reiterated comments he made at a prior
meeting regarding the angle the tree is leaning, referenced the Tree Field Evaluation
prepared by Henry Curtis of Whit's Tum Tree Care, and spoke in support of the appeal.
Charlie Herrera, appellant for 1750 De Anza Court, spoke in support of his appeal,
noted that the neighbors agreed with the removal of the tree, and responded to
questions.
Mr. Nunn circulated photos of the drainage culvert and urged that the tree be removed
before the culvert is destroyed.
Mayor Romero closed the public hearing.
Council Member Ashbaugh explained that with the additional information, he was willing
to overturn the decision of the Tree Committee and approve the appeal for 1745 De
Anza Court.
Vice Mayor Settle supported upholding the appeals and allowing removal of both trees.
He was concerned with the potential damage to the drainage culvert. He also said
property owners should have fexibility as to what is planted in their backyards.
Council Member Marx spoke in support of removing the tree at 1745 De Anza because
of the additional information provided. While she had concerns about removal of the
tree at 1750 De Anza Court, because Council was advised that root pruning wasn't
feasible, and because she had concerns regarding the culvert, she also supported
removal of the tree at this address.
Mayor Romero and Council Member Carter concurred with comments made by Vice
Mayor Settle.
ACTION: 1) Moved by Carter/Settle to adopt Resolution No. 1008042009 Series) to
uphold the appeal of the Tree Committee's decision to allow the homeowner to remove
one Monterey pine tree (Pinus radiata) at 1.745 De Anza Court with a replacement tree
to be planted as directed by the City Arborist; motion carried 5:0. 2) Moved by
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Carter/Settle to adopt Resolution No. 10081 (2009 Series) upholding the appeal of the
Tree Committee's decision to allow the homeowner to remove one Monterey pine
(Pinus radiata) at 1750 De Anza Court with a replacement tree to be planted as directed
by the City Arborist; motion carried 4:1 (Ashbaugh opposed).
6. CONSIDERATION OF.NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND INTRODUCTION OF.AN ORDINANCE REGULATING THE
CLOSURE OR CONVERSION TO OTHER USES OF MOBILE HOME PARKS
WITHIN THE CITY.
Council Member Marx stated for the record that she was in the process of selling one
mobile home and purchasing another one. As a result, she said she would recuse
herself from this item, but would testify as a member of the public on her personal
interest. She left the dais at this time.
Mayor Romero stated for the record that although he owned a mobile home, he had
received advice from the Fair Political Practices Commission (FPPC) indicating that he
could participate in this matter.
City Attorney Lowell explained that the City had sought advice from the FPPC on behalf
of Council Member Marx and Mayor Romero. Because Council Member Marx's
circumstance had changed since the advice was sought, it was appropriate for her to
recuse herself, but that Mayor Romero's participation was permitted.
City Attorney Lowell introduced this item. Assistant City Attorney Dietrick then presented
the agenda report and responded to questions.
Mayor Romero opened the public hearing.
Letta Cotta, President of the Laguna Lake Homeowners Association, read a statement
(on file in the City Clerk's office) discussing the need for and asking Council to adopt the
proposed ordinance.
Steve McAndrew, Vice President of the Golden State Mobile Home Owners League-
Laguna Lake Chapter, read a statement (on file in the City Clerk's office) from Joan
Harper, President of Laguna Lake Mobile Estates, addressing the need for and asking
Council to adopt the proposed ordinance.
Bill Wilson discussed his concerns that the relocation assistance requirements in the
ordinance would place an undue burden on the owners of the smaller parks.
Helen Stevens, Laguna Lake Mobile Estates, read a statement from Ron Burke in support
of the proposed ordinance.
Marie Pounders, area representative for Golden State Manufactured Homeowners
League, spoke in support of the proposed ordinance. She explained that travel trailers
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are included in the definition of mobile home parks under state law and should not be
exempted from this ordinance.
Carol Florence, Principal Planner with Oasis Associates, representing the Huff family,
owners of The Village Mobilehome Park on South Street, asked that consideration be
given to revising the ordinance as summarized below.
Authority and Title. Language was recommended that would note the distinction between
parks designed for and accommodating manufactured homes and travel parks that are in
transition to other uses and/or would accommodate additional housing units.
Definitions. Revisions were suggested related to mobile home parks, as well as to
resident tenants, and a definition was added related to travel trailer parks.
Conversion.Impact Report Content. Revisions were suggested to clarify how fair market
value would be determined.
Decision Regarding Conversion Impact Report. Language was proposed to better define
mitigation expenses to resident tenants.
Application for Exemption from Relocation Assistance Obligations. Language was
proposed defining criteria for the exemption of the travel trailer parks.
Jan Howell Marx, speaking as a resident, supported the proposed ordinance. She
explained why she believed that there should be an exception for absentee owners when
the home is occupied by a family member. She thought that since the Civil Code makes
no distinction, in these cases the owners should be treated as residents.
Mayor Romero closed the public hearing.
Discussion ensued during which the majority of the Council supported:
• Strengthening the ordinance to distinguish between owner occupied and
predominantly renter occupied parks.
• Making a distinction between resident owners, absentee owners, and resident
tenants.
• Exploring and including language related to the family relationship issue (i.e., a
possible exemption for renters of units owned by family members).
• Investigating the travel trailer exemption, but not necessarily making a revision to the
ordinance.
In addition, Council Member Carter expressed concern regarding section 5.45.080(8)
(Decision Regarding Conversion Impact Report, subsections (3), (4), and (5) and
obligating a potential applicant to the payments particularly specified in subsection (4).
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Vice Mayor Settle supported the ordinance and indicated his preference to introduce it as
written at this meeting.
City Attomey Lowell recommended that this matter be continued to provide staff with an
opportunity to investigate language proposed by Council and Ms. Florence, the travel
trailer exemption, as well as the concerns expressed by Council Member Carter.
Vice Mayor Settle moved to introduce the ordinance as presented; the motion failed due
to lack of a second.
ACTION: This item was continued to permit the City Attorney to incorporate and/or
investigate recommended revisions to the ordinance as recommended above.
Council Member Marx retumed to the dais at this time.
COUNCIL LIAISON REPORTS
Council members discussed the recent Channel County meeting of the League of
California Cities which was recently held in Santa Barbara.
Vice Mayor Settle and Mayor Romero commented on the recent City-University lunch.
Council Members Ashbaugh and Carter commented on their visits to the "Art in the Barn"
celebration at the Octagon bam.
Council Member Ashbaugh indicated that he will attend the upcoming meeting in Fresno
on Senate Bill 375 (Redesigning Communities to Reduce Greenhouse Gases).
COMMUNICATIONS
None.
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There being no further business to come before the City Council, Mayor Romero
adjoumed the meeting at 9:55 p.m.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 06/02/09
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