HomeMy WebLinkAbout01/21/2003ROLL CALL:
Council Members
Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle,
Vice Mayor Christine Mulholland, and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Gil Trujillo, Acting City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Jill Sylvain, Personnel
Analyst; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser,
Principal Administrative Analyst; Keith Opalewski, Parking Manager;
Tim Bochum, Deputy Director of Public Works; Michael Codron,
' Associate Planner; Linda Fitzgerald, Recreation Manager; David
Pierce, Water Projects Manager
PUBLIC COMMENT
Lionel Johnston, Morro Bay Resident, provided an update on a tree planting project at Whale
Rock Reservoir, Morro Bay State Park and Laguna Jr. High.
Andrew Carter, 1283 Woodside, read a portion of a communication he sent to Cal Poly about
enrollment and the lack of sufficient on- campus housing. He asserted that the University is
out of compliance with its new master plan and asked the Council why the City is not policing
the University in this regard.
Paul Brown. 1214 Mariner's Cove, spoke in opposition to the recent adoption of a resolution
opposing the war in Iraq and urged the Council to consider the negative impacts of this type
of action in the future.
Patricia Wilmore, SLO Chamber of Commerce, provided copies to the Council of the
Chamber's "Workforce Housing: Challenges and Responses" position paper (on file in the
Office of the City Clerk).
Kelvin B.Harrison, SLO, reiterated claims of discrimination and harrassment.
Gary Fowler. 777 Mill St., spoke in opposition to the Council's adoption of a resolution
opposing the war in Iraq because he believes that the Council did not accurately reflect the
majority view of local taxpayers. He also suggested ways to close the budget gap, including
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 21, 2003 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle,
Vice Mayor Christine Mulholland, and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Gil Trujillo, Acting City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Jill Sylvain, Personnel
Analyst; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser,
Principal Administrative Analyst; Keith Opalewski, Parking Manager;
Tim Bochum, Deputy Director of Public Works; Michael Codron,
' Associate Planner; Linda Fitzgerald, Recreation Manager; David
Pierce, Water Projects Manager
PUBLIC COMMENT
Lionel Johnston, Morro Bay Resident, provided an update on a tree planting project at Whale
Rock Reservoir, Morro Bay State Park and Laguna Jr. High.
Andrew Carter, 1283 Woodside, read a portion of a communication he sent to Cal Poly about
enrollment and the lack of sufficient on- campus housing. He asserted that the University is
out of compliance with its new master plan and asked the Council why the City is not policing
the University in this regard.
Paul Brown. 1214 Mariner's Cove, spoke in opposition to the recent adoption of a resolution
opposing the war in Iraq and urged the Council to consider the negative impacts of this type
of action in the future.
Patricia Wilmore, SLO Chamber of Commerce, provided copies to the Council of the
Chamber's "Workforce Housing: Challenges and Responses" position paper (on file in the
Office of the City Clerk).
Kelvin B.Harrison, SLO, reiterated claims of discrimination and harrassment.
Gary Fowler. 777 Mill St., spoke in opposition to the Council's adoption of a resolution
opposing the war in Iraq because he believes that the Council did not accurately reflect the
majority view of local taxpayers. He also suggested ways to close the budget gap, including
City Council Meeting Page 2
Tuesday, January 21, 2003 - 7:00 p.m.
increasing City facility use fees and staffing cuts in the City Attorney's Office and Parks
Division.
Mary Beth Schroeder, 2085 Wilding Lane, complained about advertising she has seen posted
around town that encourages more home businesses and also observed abuse of
handicapped parking spaces.
PRESENTATION
David Mullinax, League of California Cities, provided an update on the League of California
Cities Grassroots Program's legislative efforts. In addition, he provided new information
about the status of potential State take -aways of Vehicle License Fees, a important local
revenue.
CONSENT AGENDA
Public Comments:
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to Consent Item 8 and
cautioned the Council to not allow bed and breakfasts in R -1 zones (Consent Item 3, which
does not propose B &Bs in R -1 zones).
Brett Cross, 1217 Mariner's Cove, urged the Council to table the expenditure proposed in
Consent Item 4.
—end of public comments —
Vice Mayor Mulholland pulled items C2,4, and 6.
ACTION: Moved by Settle/Mulholland to approve the consent agenda, with the
exception of Items C2, 4, 5 and 7, as recommended by the City Administrative Officer;
motion carried 5:0.
C1. CLOSED SESSION MINUTES OF FRIDAY JANUARY 3.2003.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
C2. 2003 LEGISLATIVE ACTION PROGRAM.
Vice Mayor Mulholland pulled this item for questions and suggestions for changes.
Revisions were also proposed by Mayor Romero and Council Member Schwartz. The
Council agreed to amend the following State Priority policy statements:
Community Development. #9: Add at the end of the line, "and highway signage"
Community Development. #13: Add the word "restoration" after the word
"acquisition ".
Transportation. #3: Add at the end of the line, "after Caltrans completion of road
overlay and reconstruction ".
Parks Recreation and Natural Resources. #7: Eliminate, redundant.
City Council Meeting
Tuesday, January 21, 2003 - 7:00 p.m.
Page 3
ACTION: 1) Moved by Settle/Ewan to adopt Resolution No. 9409 (2003 Series) as
amended, establishing Legislative Priorities for 2003; 2) appoint a Council Member
and a staff person to act as legislative liaison between the League of California
Cities and the City of San Luis Obispo; motion carried 5:0.
C3. FINAL PASSAGE OF ORDINANCE NO. 1429 (2003 SERIES) AMENDING THE ZONING
ORDINANCE TO ESTABLISH SITE DEVELOPMENT AND PERFORMANCE.
STANDARDS FOR BED AND BREAKFAST INNS IN THE
R -3, R-4, AND AG ZONE DISTRICTS ITA/ER 41 -02).
ACTION: Moved by Settle/Mulholland to grant final passage to Ordinance No. 1429
(2003 Series); motion carried 5:0.
C4. ARTERIAL STREET NAME SIGNS REPLACEMENT, SPECIFICATION NO. 90162-B.
Vice Mayor Mulholland pulled this item to propose that the work be deferred, given the
current fiscal crisis. Council Member Settle concurred. CAO Hampian clarified that this
project is the last phase that is currently included in the budget. The next phase is not yet
funded, he added, and advised the Council, that if they wish to defer the next phase of the
project, to direct staff to not including funding for it in the next budget. Discussion
followed.
Public Comment:
Gary Fowler, 777 Mill, commented that there are street sign lights out in some areas and
argued that if the City cannot maintain the street signs it should not spend the money to
replace them.
---end of public comment—
ACTION: Moved by Schwartz/Romero to 1) Approve Plans and Specifications for
Arterial Street Name Sign Replacement, Project No. 90162 -B and authorize soliciting
of bids. 2) Authorize contract award by the City Administrative Officer if the lowest
responsible bid is within the Engineer's estimate of $76,103. 3) Gave further
direction to staff to not bring back in the next budget funding for the next (and
unfunded) phase of street sign improvements; motion carried 3:2
(Mulholland/Settle).
C5. WATER REUSE PROJECT - CAPITAL RESERVE ACCOUNT FOR OPERATION AND
MAINTENANCE.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9410 (2003 Series)
establishing a Recycled Water Capital Reserve Account for operation and
maintenance of the recycled water treatment and distribution facilities funded by
State Revolving Fund (SRF) Loans; motion carried 5:0.
C6. WATER REUSE PROJECT – OFFICE ENGINEERING SERVICES.
Vice Mayor Mulholland pulled this item for clarification.
ACTION: Moved by Settle/Mulholland to 1) Approve Addendum No. 4 in the amount
of $467,000 to the agreement with Brown and Caldwell for design of the Water
Reuse Project. 2) Authorize the transfer of $467,000 from the Water Fund
City Council Meeting
Tuesday, January 21, 2003 - 7:00 p.m.
C7.
C8.
C9.
C10.
C11.
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Unallocated Working Capital to the Water Reuse Project CIP Design account;
motion carried 5:0.
ACTION: Moved by Settle/Mulholland to approve contract with Earth Wise in the
amount of $38,500 for the completion of the compost tea demonstration project at
Islay Park and authorize the Mayor to execute the contract; motion carried 5:0.
AMENDMENT TO THE URBAN COUNTY'S AFFORDABLE HOUSING STRATEGY.
ACTION: Moved by Settle/Mulholland as recommended by the Human Relations
Commission, endorse the proposed amendment with the recommendation that
Funding Priority #1, to increase affordable rental housing for very-low and low -
income households, also include moderate - income households; motion carried 5:0.
AUTHORIZATION TO APPLY TO OFFICE OF EMERGENCY SERVICES FOR GRANT
FUNDS.
ACTION: Moved by Settle/Mulholland to authorize staff to submit applications to
the Office of Emergency Services (OES) for grant monies to: 1) Supplement
Community Emergency Response Training (CERT) classes ($8,670). 2) Update
Emergency Operations Plan with a County -Wide Master List of Cellular Phone and
Direct Connect Numbers ($8,030). 3) Citizen Corp Coordination ($500); motion
carried 5:0.
ACTION: Moved by Settle/Mulholland to approve a budget transfer of $200,000 from
the Street Reconstruction and Resurfacing project account into the South
Oceanaire Curb, Gutter, Sidewalk and Street Repair project account; motion carried
5.0.
(GEORGE/KISER) " ..
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9408 (2003 Series)
urging the California Legislature to reject the Governor's proposed shift of local VLF
revenues and honor the 1998 commitment to restore the VLF to its normal level;
motion carried 5:0.
PUBLIC HEARINGS
PARKING RATE INCREASES 2003 -04.
Public Works Director McCluskev and Parking Manager Oaalewski presented the staff
report and answered Council questions.
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City Council Meeting
Tuesday, January 21, 2003 - 7:00 p.m.
Page 5
Mayor Romero opened the public hearing.
Andrew Carter, 1283 Woodside Drive, reiterated his position that the North Area Regional
Facility (NARF) will bankrupt the Parking Fund. He added that although he supports the
staff's recommendation, he does not think it will solve the long -term problem. He encouraged
the Council to increase by 400/6 all fees, fines and forfeitures. In addition, he suggested that
before proceeding with the NARF, the City should deal with the parking deficit situation and
appoint a committee to deal with downtown parking from a fiscally responsible perspective.
Mayor Romero closed the public hearing.
Council Member Ewan proposed that to more effectively encourage carpooling, the rates for
the monthly Proxcard for the Palm and Marsh Street garages should be increased.
Vice Mayor Mulholland observed that free parking outside the downtown core creates more
constraints for the downtown. She also suggested that the NARF be deferred for a few years
in light of the budget crisis, and the fact that the Marsh Street garage was recently expanded.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9411 (2003 Series) : 1) that
effective April 1, 2003 would increase: a) the garage parking fees to 60 cents per
hour and the maximum daily fee to $6.00, b) the monthly garage Proxcard rate to $50
per month at the Palm Street Garage and $60 per month at the Marsh Street Garage,
c) the daily lot parking fee to $1.25 per day, d) the monthly parking lot permit and
monthly long -term meter permit to $30 per month; 2) that effective July 1, 2004
would increase: a) the garage parking fees to 75 cents per hour and the maximum
daily fee to $7.50, b) the monthly garage Proxcard rate to $60 per month at the Palm
Street Garage and $75 per month at the Marsh Street Garage, c) the daily lot parking
fee to $1.50 per day, and d) the monthly parking lot permit and monthly long -term
meter permit to $40 per month; Council also directed staff to bring back, as part of
the annual Parking Fund rate review, the issue of monthly garage Proxcard rates;
Motion carried 5:0.
At CAO Hamcian's request, the Council took Item #5 out of order and discussed it next.
5. ROBOTIC PARKING SITE VISIT.
CAO Hamoian presented the staff report recommending the Council designate two Council
Members to join in a local delegation to visit a robotic parking facility in Hoboken, New
Jersey. Council Member Settle argued that only one person needs to go and suggested
that it be videotaped.
Public Comments:
Gary Fowler, 777 Mill Street, recommended that particular attention be given to weather
conditions, the differences between use at night and in the daytime, and peak traffic times.
Mary Beth Schroeder, 2085 Wilding Lane, concurred with the comment made by Council
Member Settle.
Andrew Carter, 1283 Woodside, spoke in favor of visiting the facility to determine if it would
meet the City's needs. He cautioned against making any assumptions that because the
1 garage works in Hoboken that it will work for San Luis Obispo.
—end of public comments-
City Council Meeting Page 6
Tuesday, January 21, 2003 - 7:00 p.m.
Council discussion followed. Vice Mayor Mulholland explained that although she is not a
huge fan of the NARF project, but she does find robotic parking an exciting idea. She
supported the recommendation and volunteered to be a member of the delegation. Council
Members Ewan and Council Member Schwartz also spoke in favor of the recommendation.
Mayor Romero voiced concern about the cost and suggested that the Council wait until the
NARF study is complete to see if robotic parking is a viable option. Council Member Settle
agreed.
CAO Hampian not proposing that this happen right now, but only if robotic parking is
deemed a feasible option outlined by the consultant. Discussion ensued. Public Works
Director McCluskey reported that the Planning Commission will consider approximately six
options, including automated parking, per the scope of work. He added that the consultant
will bring all feasible options forward for review and then the Council will decide which
option/project should be environmentally studied.
2.
ACTION: Moved by Schwartz/Mulholland to designate two Council Members to join
in a local delegation to visit a robotic parking facility in Hoboken, New Jersey, to
better understand that technology prior to the decision making process for the
North Area Regional Facility (NARF) Study; motion carried 3:2 (Settle/Romero
opposed).
Council deferred the selection of the specific Council Members pending scheduling
and individual availability.
Community Development Director Mandeville and Associate Planner Codron presented the
staff report and responded to questions from the Council.
Vice Mayor Mulholland asserted concern about maintaining the affordability of the units for
less than thirty years. Acting City Attorney Truiillo advised that State law provides for thirty
to forty years. Vice Mayor Mulholland asked . if affordability could be tied to future sales.
Acting City Attomev Truiillo clarified that this application considers a financial incentives
program and does not include equity sharing provision.
Mayor Romero opened the public hearing.
Applicant Jeff Edwards, 124710th Street in Baywood Park, project applicant introduced
Michael Hodge, Civil Engineer, and Dennis Shallenberger. Chief Geotechnical Engineer. He
noted that he agrees with the Conditions of Approval and modified his original request for
financial incentives to this: "Waive all impact fees, building and public works related fees for
two market rate units for an estimated value of $28,000 with the provision that the term for the
affordable units be, "the foreseeable future in perpetuity". Acting City Attorney Truiillo
advised that the applicant's generous offer conflicts with State law and would not be
enforceable after thirty years. The applicant argued that he has the right to establish a longer
term than thirty years.
Dennis Shallenbercier, and Michael Hodge, responded to questions regarding the slope and
drainage, summarized the soil analysis and provided assurances about the stability of the
design.
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Tuesday, January 21, 2003 - 7:00 p.m.
The applicant responded to additional questions from the Council. He emphasized that he is
looking for some savings in soft costs, like engineering and design. His goal is to break even
on the affordable units and that is the reason he is requesting the modified incentive.
Art Murphy, 2974 Rockview, spoke in support of the project and added that he likes the
owner/000upled component because it is good for the neighborhood.
Mary Beth Schroeder, 2085 Wilding Lane, also voiced support.
Mayor Romero closed the public hearing.
Council discussion followed. In general, the Council favored the project however Council
Member Ewan and Vice Mayor Mulholland agreed that the affordability term should be
longer for the type of subsidy being provided. In response to Council inquiry, Acting City
Attorney Trujillo explained that the City's inclusionary housing ordinance provides for
terms of affordability that are "thirty or more years and not inconsistent with State law ".
Community Development Director Mandeville noted that the ordinance provides the Council
with the flexibility to make determinations on a case -by -case basis. Associate Planner
Codron added that the value to the City is the fact that an eligible family will be able to buy
the house for approximately 50% less than market rate.
ACTION: Moved by Settle/Mulholland to 1) Adopt Resolution No. 9412 (2003 Series),
as amended, approving the proposed tentative tract map and mitigated negative
declaration, as recommended by the Planning Commission, and approving financial
incentives for the project in the amount of $68,000, per the City's Affordable
Housing Incentives Ordinance, to be allocated from the Affordable Housing Fund.
2) As recommended by the Planning Commission, introduce Ordinance No. 1430
(2003 Series) approving the proposed Planned Development (PD) zoning; motion
carried 5:0.
Council Member Ewan commented that he was surprised to note that the equity share
provision in the inclusionary housing ordinance is only seven years. He asked if staff would
review the history of how the provision was established and demonstrated an interest in
looking at before the next project comes forward. Staff agreed to provide this information in
memorandum form to the Council.
3. DONATION OF OUTDOOR FITNESS EQUIPMENT AT EMERSON PARK.
Parks and Recreation Director LeSage and Recreation Manager Fitzgerald presented the
staff report. Mark Saroen and Barry King. TriActive America, Inc. provided more
information about the park concept and responded to questions from the Council.
Public Comments:
Mary Beth Schroeder. 2085 Wilding Lane, reiterated her desire to see a senior center
constructed at 1344 Nipomo Street and argued that the property would be better served as
a senior center. She added that this donation would be more appropriately located at the
Damon Garcia Sports Fields.
—end of public comments —
Individual Council expressions of appreciation to the Sargen family followed.
City Council Meeting
Tuesday, January 21, 2003 - 7:00 p.m.
Page 8
ACTION: Moved by Settle/Mulholland 1) As recommended by the Parks and
Recreation Commission, to approve the conceptual plan for the fitness equipment
and surfacing at Emerson Park. 2) Authorize the Mayor to execute an agreement to
accept the donation of outdoor fitness equipment and surfacing from Jim and Joan
Sargen, trustees of the Sargen Family Trust, and TriActive America Inc.; motion
carried 5:0.
4. WATER REUSE PROJECT — APPROVE PLANS AND SPECIFICATIONS.
Utilities Director Moss and Water Projects Manager Pierce presented the staff report. There
were no public comments.
Mayor Romero commented that he was sad to see the high cost of this project and
indicated that he believes the City could have achieved an additional water source with the
approval of State Water.
ACTION: Moved by Settle/Ewan to approve plans and specifications for the Water
Reuse Project — Water Reclamation Facility Improvements Specification No. 99124 -
90553-A; 2) approve plans and specifications for the Water Reuse Project —
Recycled Water Transmission/Distribution Pipelines Specification No. 99124-90553 -
B; 3) authorize staff to solicit bids; 4) authorize the City Administrative Officer to
award the contracts if the total is within the engineer's estimate for the two projects
combined of $13,626,790, contingent upon approval by the State Water Resources
Control Board ( SWRCB); 5) adjust the project budget to $18,262,500; and 6)
appropriate the additional funding of $3,770,700 from the SWRCB loan proceeds;
motion carried 5:0.
COUNCIL LIAISON REPORTS
Council Member Schwartz referenced his report on the January 8, 2003 COG Meeting (written
report on file in the Office of the City Clerk).
Vice Mayor Mulholland reported on the January 8"' meetings of the County Water Resources
Advisory Committee and Jack House Committee.
Council Member Ewan reported on recent action taken by the Integrated Waste Management
Authority.
COMMUNICATIONS
Council Member Settle provided a brief reply on comments made by the public regarding Cal
Poly enrollment and on- campus housing. He pointed out that the State has its own budget
constraints, the University has limited ability to respond to the City's housing dilemma and
student attendance is set by the Chancellor's office. He asserted that it is not possible to tell
the State of California what to do in these matters.
Council Member Schwai'ii referenced a request from the American Land Conservancy to
support the framework of a conservation transaction with Hearst Ranch and asked staff to
prepare a resolution. Assistant CAO George indicated that the matter is scheduled to come to
Council on the 0 of February.
City Council Meeting :
Tuesday, January 21, 2003 - 7:00 p.m.
City Clerk Price provided an announcement regarding the Advisory Body Member
Recruitment Fair on Thursday, January 23, at 5:30 p.m.
Page 9
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:30 to Thursday, March 30"' at 7:00 p. .; Council Ch er, 990 Palm Street
San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 214103
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