The URL can be used to link to this page

Home My WebLink About04/15/2003ROLL 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; Wendy George, Assistant City Administrative Officer; Diane Reynolds, Deputy City Clerk; John Mandeville, Community Development Director; Ron Whisenand, Deputy Community Development Director; Michael Draze, Deputy Community Development Director; Bill Statler, Finance Director; Deborah Linden, Police Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Principal Administrative Analyst; Phil Dunsmore, Associate Planner; Neil Havlik, Natural Resources Manager; Michael Clarke, Biologist; Todd Bunte, Golf 1 Course Supervisor Council Member Settle arrived at 5:04 pm. STUDY SESSION PLANNING FOR HIGHWAY 101 IMPROVEMENTS. Public Works Director McCluskey introduced Ron DeCarli, Executive Director of SLOCOG and Rich Krumholz, Deputy District Director of Planning and Local Programs for Caltrans District 5, who gave a presentation on Planning for Highway 101 Improvements. Council questions and feedback followed. Public Comment: Mary Beth Schroeder, 2085 Wilding Lane, stated that Caltrans should take responsibility for the problems associated with the Project Cuesta Grade. —end of public comments— ACTION: Presentation made. BUSINESS ITEM 2. LAGUNA LAKE GOLF COURSE STATUS REPORT. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 15, 2003 - 4:00 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; Wendy George, Assistant City Administrative Officer; Diane Reynolds, Deputy City Clerk; John Mandeville, Community Development Director; Ron Whisenand, Deputy Community Development Director; Michael Draze, Deputy Community Development Director; Bill Statler, Finance Director; Deborah Linden, Police Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Principal Administrative Analyst; Phil Dunsmore, Associate Planner; Neil Havlik, Natural Resources Manager; Michael Clarke, Biologist; Todd Bunte, Golf 1 Course Supervisor Council Member Settle arrived at 5:04 pm. STUDY SESSION PLANNING FOR HIGHWAY 101 IMPROVEMENTS. Public Works Director McCluskey introduced Ron DeCarli, Executive Director of SLOCOG and Rich Krumholz, Deputy District Director of Planning and Local Programs for Caltrans District 5, who gave a presentation on Planning for Highway 101 Improvements. Council questions and feedback followed. Public Comment: Mary Beth Schroeder, 2085 Wilding Lane, stated that Caltrans should take responsibility for the problems associated with the Project Cuesta Grade. —end of public comments— ACTION: Presentation made. BUSINESS ITEM 2. LAGUNA LAKE GOLF COURSE STATUS REPORT. City Council Meeting Page 2 Tuesday, April 15, 2003,4:00 p.m. For the benefit of concerned citizens in the audience, Mayor Romero stated that the Council is not considering the closure of Laguna Lake Golf Course. Parks and Recreation Director LeSage presented the staff report with the assistance of Golf Course Supervisor Bunte. Parks and Recreation Commission Chair Dunan clarified that the Commission reviewed all possibilities regarding fiscal operations presented by staff at the March 5"' meeting, but rejected the option of selling the golf course. Council questions followed. Public Comments: Bill Nulton, 1625 Gathe, suggested that the Golf Course bring back monthly play cards and provide motorized golf carts to attract senior golfers. Howard Bentzincier, 1720 Royal Court, suggested structuring green fees like other area golf courses. Carolyn Smith, 1568 Cucaracha Court, suggested that the golf course be funded like any other City park. —end of public comments — ACTION: Moved by Mulholland/Ewan to 1) Reaffirm that Laguna Lake Golf Course will remain a City program; reaffirm that Laguna Lake Golf Course will remain as an Enterprise Fund with a revenue target equal to direct operating costs. 2) Endorse the staff proposals to increase revenue; motion carried 5:0. Mayor Romero called a recess at 6:15 p.m. The meeting reconvened at 7:00 p.m. PUBLIC COMMENT Mary Beth Schroeder, 2085 Wilding Lane, expressed concern that there are too many bars in the downtown. Sifu Kelvin Harrison, SLO, reiterated claims of discrimination and harassment. Michael Helper, Photography 101, stated that he would like to see the Century Project (water and sewer project in the downtown area) completed as soon as possible. Gary Fowler, 777 Mill, made budget- cutting suggestions regarding open space funding, staffing, salaries and fees for nonprofits. Patricia Wilmore, Chamber of Commerce, presented the new Chamber of Commerce Visitors Guide to Council. CONSENT AGENDA Vice Mayor Mulholland noted that she would be voting no on Item C3. Vice Mayor Mulholland, regarding Item C5, stated that LOVR medians that block left hand turns should not be constructed without staff first meeting with affected property owners regarding the construction plans. City Council Meeting Tuesday, April 15, 2003, 4:00 p.m. Page 3 Council Member Schwartz stated he would step down and abstain from voting on Item C8 due to a potential conflict of interest (sponsoring contributor). Public Comments: Mary Beth Schroeder, 2085 Wilding Lane, expressed opposition to Item #3. The following individuals spoke regarding Item C5: Carolyn Smith,1568 Cucaracha Court, expressed concern that the median project will affect the safety of LOVR left hand turn lanes. Terry Cook, Cedar Wood Condos, expressed concern that the median project will result in unsafe u -turns on LOVR. Regarding Item CS, Margaret Sigerson, 1840 Hope Street, suggested that the CAO keep a mileage record for reimbursement rather than have an auto allowance. Regarding Item C13, the following citizens spoke in favor of supporting the Armed Forces: Mary Beth Schroeder, 2085 Wilding Lane Adrienne Dickinson, 182 Del Norte, stated that she does not support the resolution for Item C13 as she considers it in conflict with the City's earlier anti -war resolution that opposes unilateral preemptive military action against Iraq by the United States that she did support. —end of public comments— ACTION: Moved by Settle(Ewan to approve the consent agenda as recommended by the City Administrative Officer, with the exception of Items C3 and C8; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, MARCH 25, 2003 CLOSED SESSION, FRIDAY, MARCH 28, 2003 CLOSED SESSION AND TUESDAY, APRIL 1, 2003 REGULAR SESSION: ACTION: Moved by Settle/Ewan to continue this item to May 6, 2003; motion carried 5:0. C2. FINAL PASSAGE OF ORDINANCE NO. 1433 (2003 SERIES), REZONING PROPERTY AT 735 TANK FARM ROAD WITH A PLANNED DEVELOPMENT OVERLAY (C -S -SP- PD). CITY FILE #: PD/ER 182 -02. ACTION: Moved by Settle/Ewan to grant final passage to Ordinance No. 1433 (2003 Series); motion carried 5:0. Margaret Sigerson,1840 Hope Street Dennis Kish, Cayucos David Broadwater, Atascadero Tom Hutchings. 538 Felton Way Paul Brown, SLO Michael Sullivan,1127 Seaward St. Matthew Kokkonen,1103 Johnson Ave. Rob Yates, Cal Poly College Republicans Adrienne Dickinson, 182 Del Norte, stated that she does not support the resolution for Item C13 as she considers it in conflict with the City's earlier anti -war resolution that opposes unilateral preemptive military action against Iraq by the United States that she did support. —end of public comments— ACTION: Moved by Settle(Ewan to approve the consent agenda as recommended by the City Administrative Officer, with the exception of Items C3 and C8; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, MARCH 25, 2003 CLOSED SESSION, FRIDAY, MARCH 28, 2003 CLOSED SESSION AND TUESDAY, APRIL 1, 2003 REGULAR SESSION: ACTION: Moved by Settle/Ewan to continue this item to May 6, 2003; motion carried 5:0. C2. FINAL PASSAGE OF ORDINANCE NO. 1433 (2003 SERIES), REZONING PROPERTY AT 735 TANK FARM ROAD WITH A PLANNED DEVELOPMENT OVERLAY (C -S -SP- PD). CITY FILE #: PD/ER 182 -02. ACTION: Moved by Settle/Ewan to grant final passage to Ordinance No. 1433 (2003 Series); motion carried 5:0. City Council Meeting Tuesday, April 15, 2003, 4:00 p.m. C3. C4. C5. C6. Page 4 PROJECT. ACTION: Moved by Settle/Ewan to grant final passage to Ordinance No. 1431 (2003 Serlesb approving a Mitigated Negative Declaration of environmental impact and amending the City's zoning map designation from High Density Residential (R -4) to Office (0) for property at 1043/1045 Foothill Boulevard as related to the Sierra Vista Hospital expansion project, based on mitigation measures and findings; motion carried 4:1, Mulholland. ACTION: Moved by Settle/Ewan to grant final passage to Ordinance No. 1432 (2003 Series); motion carried 5:0. 1 ACTION: Moved by Settle/Ewan to 1) Approve plans and specifications for the first phase of Los Osos Valley Road landscape median construction, Specification No. 90253. 2) Authorize staff to advertise for bids and the City Administrative Officer to 1 award the contract to the lowest responsible bidder under $300,000; motion carried 5:0. ACTION: Moved by Settle/Ewan to adopt the following resolutions authorizing staff to complete and submit applications for grant monies: 1) Resolution No. 9436 (2003 Series ) for $100,000 from the Land and Water Conservation Fund, which would be used in support of the acquisition of the Filipponi property at the end of Calle Joaquin; 2) Resolution No. 9437(2003 Series) for $75,000 from the State Fisheries Restoration Grant Program, which would be used to improve the fish ladder on Prefumo Creek underneath Los Osos Valley Road; and 3) Resolution No. 9438 (2003 Series ) for $15,000 from the State Fisheries Restoration Grant Program, which would be used to fence the lower portion of Dry Creek and the Forbes Pond areas on the Johnson Ranch to exclude livestock and improve in stream habitat and wetlands there; motion carried 5:0. C7. SOUTH OCEANAIRE TREE REPLANTING, SPECIFICATION NO. 90326. ACTION: Moved by Settle/Ewan to 1) Approve plans and specifications for "South Oceanaire Tree Replanting." 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract If the lowest responsible bid is within the engineer's estimate of $65,100; motion carried 5:0. 1 1 City Council Meeting Tuesday, April 15,2003,4:00 p.m. C8. Page 5 ACTION: Moved by Settle/Ewan to 1) Adopt Resolution No. 9439 (2003 Series) accepting the donation of funds from Pamela Jackson and the Mary Jane Duvall trust to commission two bear cub sculptures in memory of Bea von Stein, for placement in Mission Plaza. 2) Approve the bear cub sculpture design. 3) Authorize the City Administrative Officer to enter into an agreement with artist Paula Zima to create and install the sculptures in the Mission Plaza fountain; motion carried 4:0:1, Schwartz refrained. C9. REQUEST FOR PROPOSAL (RFP) FOR CONTRACT COPYING SERVICES. ACTION: Moved by Settle/Ewan to approve the Request for Proposal (RFP) for contract copy services and authorize the City Administrative Officer to award contract to the most responsive proposer; motion carried 5:0. C10. 2003 STREET SLURRY SEAL PROJECT: SPECIFICATION NO. 90385. ACTION: Moved by Settle/Ewan to 1) Approve Special Provisions for 2003 Street Slung Seal Project, Specification No. 90385; 2) Authorize staff to advertise for bids; 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $400,000; motion carried 5:0. C11. COMPENSATION ADJUSTMENT FOR CITY ADMINISTRATIVE OFFICER. ACTION: Moved by Settle/Ewan to 1) Provide the City Administrative Officer (CAO) with a 4.5% performance -based salary increase, per the recently completed Council - CAD performance evaluation process. 2) Accept the City Administrative Officer's waiver of the salary increase, in light of the City's budget situation. 3) Adopt Resolution No. 9440 (2003 Series) adjusting the City Administrative Officer's auto allowance from $300 per month to $450 per month; motion carried 5:0. C12. GRANT FUNDED PURCHASE OF DIGITAL IN -CAR VIDEO SYSTEM FOR POLICE VEHICLES. ACTION: Moved by Settle/Ewan to authorize the City Administrative Officer to approve and issue a Request for Proposal (RFP), and award a contract for an amount not to exceed $143,000 for a digital in-car video system to replace the existing VHS format system in the Police Department's fleet of marked patrol vehicles; motion carried 5:0. C13. RESOLUTION SUPPORTING MEMBERS OF THE UNITED STATES ARMED FORCES. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9441 (2003 Series) supporting members of the United States Armed Forces in Iraq and Afghanistan; motion carried 5:0. PUBLIC HEARING 3. AMENDMENTS TO CHAPTER 17.21 OF THE MUNICIPAL CODE UPDATING THE SECONDARY UNIT ORDINANCE IN RESPONSE TO AB 1866; TA 194 -02. City Council Meeting Tuesday, April 15, 2003, 4:00 p.m. Page 6 Community Development Director Mandeville introduced the item and Associate Planner Dunsmore gave an overview of the staff report. Planning Commission Commissioner Christianson explained the rationale behind the Planning Commission recommendations to lift restrictions from the ordinance. She clarified that the Commission was focused on the intent of the state regulation. Deputy Community Development Director Whisenand responded to Council questions. Mayor Romero opened the public hearing. The followina citizens spoke in favor of retaining the owner occupancy requirement clause and/or retainina certain performance standards: Cydney Holcomb, RON Brett Cross, 1217 Mariners Cove, Andrew Carter, 1283 Woodside Carol Winger, 2041 Hays Ellen Harper, 169 Kentucky St. Martin Luschei, 169 Kentucky St. Tom Kay, 369 Chaplin Madison Gates, 125 Serrano Heights Jim Gates, 125 Serrano Heights Michael Sullivan, 1127 Seaward Dr. Camille Small, 711 Skyline Genevieve Czech, 612 Stanford Drive Mary Beth Schroeder, 2085 Wilding Lane Joan Lynch, 620 Pasatiempo Dr. Janet Kourakis,1577 Tanglewood ' Tom Hutchings, 538 Felton Way Leo Pinard, 1714 Buchon The following citizens requested that secondary dwelling units be allowed in established planned developments: Patricia Kohlen, 359 Los Cerros Dr. Ken Kohlen, 359 Los Cerros Dr. Scott Potter. 269 Los Cerros Dr. Dave Bolduan, 388 Los Cerros Dr. Sharad Atre , 397 Los Cerros Dr. May Coors, 397 Los Cerros Dr. The following citizens spoke in support of the Planning Commission's recommendations: Sal Orlando, SLO Patricia Wilmore, Chamber of Commerce Sandra Rowley, Garden Street Steve Delmartini, SLO Chris Renly, SLO Mayor Romero closed the public hearing and returned the discussion to Council. Vice Mayor Mulholland asked whether the ordinance should require that secondary dwelling unit properties be deed restricted for affordablility. Acting City Attomev Trujillo I responded that if this requirement is included, he would recommend a severancy clause be included as well. He will investigate this further and report to Council. City Council Meeting Page 7 Tuesday, April 15, 2003, 4:00 p.m. ' Acting City Attorney Trujillo stated that the State is currently considering AB 1160, which would eliminate allowing the owner occupancy requirement for secondary dwelling units. ACTION: Moved by Ewan/Settle to introduce Ordinance No. 1434 (2003 Series) amending Chapter 17.21 of the Municipal Code relating to secondary dwelling units as recommended by staff with the following modifications: 1) The language be returned to that provided in the original staff recommendation, including requirement of owner occupancy of one unit, establishment of performance standard, and administrative architectural review; 2) Addition of language allowing secondary units in planned development units in planned development projects when specifically addressed in the planned development ordinance as adopted or amended; 3) Addition of language stating the design of a secondary dwelling unit shall not, per se, justify granting site planning exceptions; motion carried 5:0. Council directed staff to draft a letter for the Mayor's signature opposing AB1168. BUSINESS ITEMS 4. REVISIONS TO THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Community Development Director Mandeville introduced the item and Deputy Community Development Director Draze presented the staff report. Public Comments I Tom Hutchings, 538 Felton Way and CHC member, spoke in support of the staff recommendation. Biz Steinberg, EOC, thanked the Council for supporting EOC operations and spoke in support of the staff recommendation. —end of public comments— ACTION: Moved by Mulholland/Schwartz, as recommended by the Human Relations Commission, adopt Resolution No. 9442 (2003 Series) approving revisions to the 2003 Community Development Block Grant Program and recommending that: 1) The Board of Supervisors take the following actions: a) allocate $92,300 in HOME funds to Youth Transitional Housing and Women's Shelter Transitional Housing, b) allocate an additional $12,643 in unincorporated County CDBG funds or Special Urban Projects funds to the San Luis Obispo Homeless Shelter, and c) if additional public services funds are not available, allocate excess public services capacity in the Urban County to the City of San Luis Obispo to fully fund homeless services in 2003; and 2) Council reallocate excess CDBG funds from Street Improvements for Accessibility to the Homeless Shelter Operation if additional public services capacity becomes available; motion carried 5:0. Council directed staff to send a letter of thanks to Dana Lilley, SLO County Planning Department ACTION: Moved by Mulholland/Settle to continue the meeting past 11:00 p.m. in order to complete business; motion carried 5:0. City Council Meeting Page 8 Tuesday, April 15, 2003, 4:00 p.m. 5. ADOPTION OF THE "CONSERVATION PLAN FOR THE IRISH HILLS NATURAL RESERVE." Natural Resources Manager Havlik and Biologist Clarke presented the staff report. They responded to Council questions regarding equestrian and mountain bike use, and concerns about fuel management and controlled bums. Natural Resources Manager Havlik stated that changes recommended by the Planning Commission, Parks and Recreation Commission, and interested citizen, Don Dollar, would be incorporated into the plan. Mayor Romero requested that staff contact PGE regarding possible funding for extending the paving of a utility service road. Public Comments John Cutter, San Luis Obispo, spoke in support of the plan. Pam Heatherington, ECOSLO, applauded staff for their hard work and expressed concern about controlled bums. Mary Beth Schroeder, 2085 Wilding Lane, stated she wanted no mountain bikers in that area. Andrew Carter, 1283 Woodside, spoke in support of the plan. —end of public comments— ACTION: Moved by Mulholland/Settle, as recommended by both the Planning Commission and the Parks and Recreation Commission to approve Resolution No. 9443 (2003 Series) adopting the Conservation Plan for the Irish Hills Natural Reserve and finding a Negative Declaration of environmental impact; motion carried 5:0. 6. PURCHASING SYSTEM IMPROVEMENTS. Finance Director Statler and Public Works Director McCluskev presented the staff report. Council questions followed. There were no public comments. ACTION: Moved by Settle/Ewan to introduce Ordinance No. 1435 (2003 Series) amending Chapter 3.24 of the Municipal Code to provide for the use of Job Order Contracting and Alternative Bidding Procedures for construction projects; and to adopt Resolution No. 9444 (2003 Series) updating the City's purchasing guidelines; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Mulholland reported that she attended the Citizen Advisor► Committee meeting on March 21' the Mass Transportation Committee meeting on March 26 , the Water Resources Advisory Committee meeting on April 2nd, the Month of the Child Bishop Peak School Sun and Fun event on April 9th, and the Promotional Coordinating Committee meeting on April 9d'. Council Member Ewan reported that he attended the North County Water Purveyors meeting and the Integrated Waste Management Authority meeting. Council Member Schwartz reported that he attended the Downtown Association Board of Directors meeting and the San Luis Obispo Council of Governments meeting. City Council Meeting Tuesday, April 15,2003,4:00 p.m. Page 9 COMMUNICATIONS Mayor Romero submitted memos regarding the Conservation and Open Space Element Update Process (memos on file in the Office of the City Clerk). Council directed staff to prepare a memo for the Mayor's signature to the Planning Commission requesting that they proceed with consideration of the Conservation and Open Space Element. Mayor Romero submitted a memo regarding residential parking districts (memo on file in the Office of the City Clerk). Council directed staff to schedule a study session in the fall to consider the process and timing for establishing the Old Town Parking District. Council Member Ewan referred to Robert Vessley's letter of resignation from the Architectural Review Commission and other communications received regarding the recent Council reappointment to the ARC (file in the Office of the City Clerk). Council directed staff to bring these matters to Council on May 6`h. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:36 a.m. to Thursday, May 1, 2003 at 4:00 p.m. In the Council Hearing Room, 990 Palm Street, San Luis Obispo. Diane Reynolds Deputy City Clerk ' APPROVED BY COUNCIL: 516/2003 DR:jo 1