HomeMy WebLinkAbout10/21/2003MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 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; Jonathan Lowell, City
Attorney; Lee Price, City Clerk; Wendy George, Assistant City
Administrative Officer; John Mandeville, Community Development
Director; Bill Statler, Finance Director; Monica Moloney, Human
Resources Director; 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; Jay Walter, City Engineer;
Rob Livick, Supervising Civil Engineer; Austin O'Dell, Transit
Manager
' CLOSED SESSIONS
At 6:00 p.m. the Mayor called the meeting to order. City Attorney Lowell provided the
Closed Session announcements as follows:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Public Employee: City Attorney
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiator: Karen Jenny, Monica Moloney, Bill Avery
Employee Organization: San Luis Obispo City Employees' Association
(SLOCEA)
-and-
Agency Negotiator: Karen Jenny, Monica Moloney
Employee Organization San Luis Obispo Police Staff Officer's Association
(SLOPSOA)
At 7:00 p.m., City Attorney Lowell reported that the Closed Sessions were conducted, but
noted there were no reportable actions.
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Tuesday, October 21, 2003, 7:00 p.m.
PRESENTATIONS
Mayor Romero presented a proclamation to Michael McLaughlin for San Luis Obispo's 2003-
04 Poet Laureate of the Year.
Mayor Romero presented a proclamation to Cal Poly student Harmony Newman recognizing
"Make a Difference Day" October 25, 2003, a national day of service and kick -off for "Good
Neighbor Week."
Dr. Steven Ladd, Superintendent San Luis Obispo Coastal Unified School District, provided a
status report regarding the District's due diligence on a parcel tax tentatively proposed for the
March 2004 election.
PUBLIC COMMENT
Don Maruska, 412 Mitchell, Los Osos, announced the publication of his new book How Great
Decisions Get Made and presented a complimentary copy of the book to each Council
Member.
Sifu Kelvin Harrison, SLO, reiterated claims of harrassment and discrimination.
APPOINTMENT
Al. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION.
ACTION: Moved by Ewan/Schwartz to appoint Jill M. Lemieux to fill an unexpired
term beginning November 5, 2003 and expiring on March 31, 2006; motion carried
5:0.
CONSENT AGENDA
Vice Mayor Mulholland indicated that she would be voting no on Items C3, C8 and C9.
Mayor Romero recused himself from voting on Item C3 due to a conflict of interest (primary
residence is in the area). He also commented on items C2 and C7 (see below).
Public Comments:
Ann Ream, SLO Arts Council, expressed congratulations to the Poet Laureate and urged the
Council to approve Item C2. In addition, she encouraged City leaders to seek guidance from
the Arts Council if there are questions or concerns about public art.
Mary Beth Schroeder, 2085 Wilding Lane, opposed the final adoption of Ordinance No. 1441
and the development of the property (Item C3).
ACTION: Moved by Ewan/Settle to approve the consent agenda as recommended by
the City Administrative Officer; motion carried 5:0.
Cl. APPROVE MINUTES OF TUESDAY, SEPTEMBER 23.2003 SPECIAL MEETING AND
TUESDAY, OCTOBER 7. 2003 REGULAR MEETING.
City Council Meeting
Tuesday, October 21, 2003, 7:00 p.m.
Page 3
ACTION: Moved by Ewan/Settle to waive oral reading and approve as amended;
motion carried 5:0.
C2. 2003 -05 CAPITAL IMPROVEMENT PLAN PUBLIC ART PROJECTS.
Mayor Romero expressed a desire to see greater flexibility as it relates to the timing of the
installation of public art on Foothill Bridge to avoid unnecessary costs and/or construction.
He added that he had hoped that the artwork could be paid for out of this year's budget.
Staff comments in support of the recommendation followed.
ACTION: Moved by Ewan/Settle 1) as part of the Capital Improvement Plan, to
approve public art funding for the following projects: $40,000 to enhance the
fountain at Marsh and Higuera Streets; $23,100 for the new Therapy Pool or its
environs; $20,000 for the Damon - Garcia Sports Fields; and, $18,900 for artwork
outside the Police Department. 2) Direct staff to include public art enhancements to
the Foothill Bridge in the 2005 -2007 Financial Plan; motion carried 5:0.
C3. FINAL ADOPTION OF ORDINANCE REZONING PROPERTY AT 1636 WOODLAND
DRIVE FROM R -1 TO R-1 -S AND C /OS-40 (R11 -01).
ACTION: Moved by Ewan/Settle to grant final adoption to Ordinance No. 1441 (2003
Series); motion carried 3:1:1 (Mulholland opposed, Romero recused due to a
conflict of interest).
C4. RADIO SYSTEM UPGRADE DESIGN SERVICES.
' ACTION: Moved by Ewan/Settle to approve the request for proposals for design
services to upgrade the City's radio system and authorize the CAO to award the
contract if it Is within the project budget of $85,000; motion carried 5:0.
C5. RENEWAL OF AGREEMENTS FOR FINANCIAL ADVISOR AND BOND COUNSEL
SERVICES.
ACTION: Moved by Ewan/Settle to amend the agreements with Fieldman Rolapp &
Associates for financial advisory services and with Jones Hall for bond counsel
services to extend the term for an additional two years; motion carried 5:0.
C6. WATER REUSE PROJECT EASEMENT PURCHASE.
ACTION: Moved by Ewan/Settle to 1) approve easement purchase agreement to
allow for the construction of the Water Reuse distribution pipeline project with
Douglas G. and Eileen M. Damon, and Roy A. and Dolly H. Garcia, for permanent
waterline and temporary construction easements as described in Exhibit B1, B2,
and B3 of Attachment 2, at a cost of $45,000. 2) Authorize staff to execute any
necessary supplemental escrow paperwork in order to complete this easement
purchase; motion carried 5:0.
C7. AUTHORIZATION OF AMENDED APPLICATION FOR GRANT FUNDS FROM STATE
FARMLAND CONSERVANCY PROGRAM.
Mayor Romero voiced opposition to using open space funds for the purpose of acquiring
easements. He added that he would prefer to use the money to buy viewsheds and trails for
City Council Meeting Page 4
Tuesday, October 21, 2003, 7:00 p.m.
the benefit of public access. Although he agreed to vote favorably on this item, he noted that
he will oppose the use of open space funds for this purpose.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9491 (2003 Series)
authorizing submittal of an amended grant application to the State Farmland
Conservancy Program in the amount of $160,000 in support of the acquisition of an
agricultural conservation easement on an 80 acre portion of the 391 acre Brughelli
Ranch on Buckley Road south of the Airport Area; motion carried 5:0.
C8. COURT STREET ABANDONMENT - MODIFICATION OF CONDITIONS AND TIME
EXTENSION TO COMPLETE CONDITIONS.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9492 (2003 Series) approving
a sixty (60) day time extension to complete conditions of the Court Street
abandonment per Resolution No. 9361 (2002 Series) and modifying the conditions to
comport with the project as approved; motion carried 4:1 (Mulholland).
C9. MORRO STREET ABANDONMENT — TIME EXTENSION TO COMPLETE CONDITION
OF ABANDONMENT RESOLUTION
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9493 (2003 Series) approving
a sixty (60) day time extension to complete condition at Section 2, Item 2 of the Morro
Street abandonment per Resolution No. 9362 (2002 Series); motion carried 4:1
(Mulholland).
PUBLIC HEARINGS
WATERWAY MANAGEMENT PLAN PHASE II SAN LUIS OBISPO CREEK
WATERSHED.
Public Works Director McCluskev and City Engineer Walter provided an in -depth staff
report. Staff and Consultants Jeff Peters from Questa Engineering and Mary Reents from
The Morro Group responded to Council questions.
Vice Mayor Mulholland referenced a letter from Richard Schmidt dated October 20, 2003 (on
file in the Office of the City Clerk) regarding build -up of sediment and overgrowth in the
creek. City Engineer Walter reported that the complaint outlined in the letter is about
another private property owner and explained that the City does not have the authority to
maintain that portion of the creek. He said that unless a private property owner grants an
easement to the City for maintenance purposes, the property owner is responsible for
cleaning out and maintaining their portion of the creek. Public Works Director McCluskev
added that most of SLO creek is private property.
Consultant Mary Reents reported that she had provided formal comments to Mr. Schmidt's
letter yesterday and that those comments were also on file. She added that she would
provide an oral response to another late communication item from Phil Ashley after the
break.
1
Mayor Romero opened the public hearing.
Gary Fowler. 777 Mill Street, suggested that staff consider what impact, if any, the completed
Cuesta Grade project will have on the City, particularly after the next heavy rain. 1
City Council Meeting : Page 5
Tuesday, October 21, 2003, 7:00 p.m.
Andrew Merriam, 4334 Wavertree, recommended that the new Plan allow creativity in dealing
with the "no net fill" policy because there may be some advantages to getting the water off
site before it peaks. Public Works Director McCluskev indicated that staff would bring back
some alternative language after the break.
Mayor Romero closed the public hearing.
Break called at 9:18 p.m. Meeting was resumed at 9.32 p.m.
Consultant Mary Reents provided an oral response to issues raised in Phil Ashley's letter
opposing the certification of the EIR.
Public Works Director McCluskev explained that the term "no net fill" expressed by Mr.
Merriam was actually "managed fill" and offered sample alternative wording that would add
flexibility to policy outlined in the Drainage Design Manual. The majority of the Council felt no
change was necessary as the policy language as written has the flexibility the City needs to
approve projects under certain conditions.
Individual Council comments followed.
Vice Mayor Mulholland praised various components of the policy documents and expressed
appreciation to those who worked so hard on them. She said she could not support adoption
primarily because she is uncomfortable with the flood management plan and the list of
preferred capital improvement projects. She expresssed concern about spending 28 million
dollars over a ten year period on projects that will have unavoidable and signficant cumulative
impacts.
Council Members Ewan provided favorable comments and emphasized that each CIP will
require its own EIR. He spoke in support of the Stream Maintenance Management Plan and
encouraged making steady progress because it will allow the City to deal with small issues
before they become large ones.
Council Member Settle voiced support for seeking joint approval by the Board of
Supervisors and asserted that the policies will protect the creek banks from catastrophic
losses. He urged approval and advocated incremental implementation.
Council Member Schwartz recalled the floods of 1969 and 1973 and expressed reservations
about how well the recommendations will protect the City in the event of another major
flood. He noted that the Zone 9 "tax" will provide very little funding assistance for capital
projects and offered some suggestions for revising the draft resolution adopting the Plan.
Mayor Romero expressed disagreement with some of the consultant's recommendations,
particularly those relating to channel capacity for the Mid - Higuera area. He voiced concern
that the Council was being asked to adopt lesser design flow standards than what will
actually be needed to provide protection during a major storm event. Pointing to the fact
that each Category III project will require its own EIR, he speculated that it is likely that the
environmental review will demonstrate the need for greater design flows in the Mid - Higuera
Bypass Channel. He commented in favor of adopting the Plan and urged moving forward,
but stressed to his colleagues that the Council must find a funding source for the
improvements and muster the political will to move ahead with the projects. Without doing
both, he concluded that no progress can be made in protecting the City against flood
damage.
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Tuesday, October 21, 2003, 7:00 p.m.
There was brief discussion regarding Council Member Schwartz's suggestions for changes
to the draft resolution. There were no objections to the changes proposed. 1
ACTION: Moved by Settle/Ewan to 1) certify Environmental Impact Report (EIR) and
approve a Statement of Overriding Considerations for Category 3 projects for San
Luis Obispo Creek Phase II Waterway Management Plan. 2) Approve Resolution No.
9494 (2003 Series), as revised, adopting the Waterway Management Program, which
includes the Waterway Management Plan, Drainage Design Manual, and Stream
Maintenance Management Plan. 3) Authorize the Mayor to sign a letter to the Board
of Supervisors encouraging them to certify the EIR and adopt the Waterway
Management Program; motion carried 4:1 (Mulholland).
2.
Public Works Director McCluskey and Supervising Civil Engineer Livick presented the staff
report. Staff clarified funding issues, including an explanation of how "20A" funds are
pooled and used, and by reporting that the project will be funded cooperatively, with the
County paying one -third of the cost and the City paying two- thirds.
Mayor Romero opened the public hearing. There were no comments. Mayor Romero
closed the public hearing.
Council Member Schwartz proposed that the priority list be amended by reversing the
priority order of Districts #16 (Higuera, south of High to Marsh) and #17 (Monterey, Santa
Rosa to US 101), as outlined in the draft resolution. Discussion ensued.
Council Member Ewan suggested that staff bring back cost information about Districts #16
and 17 under - grounding projects. A majority of the Council concurred with this
recommendation. No action was taken to change the priority list.
ACTION: Moved by Ewan/Mulholland to 1) adopt Resolution No. 9495 (2003 Series)
approving the proposed revised list of underground districts. 2) Introduce
Ordinance No. 1442 (2003 Series) to amend Section 13.12.040 of the municipal code
to establish Underground District 15. 3) Direct staff to proceed with District 15 upon
final adoption of the amended municipal code. 4) Direct staff to bring back cost
information regarding the under - grounding of Districts #16 and #17; motion carried
5:0.
3. 2003 -04 PROGRAM OF PROJECTS FOR THE 2003 -04 FEDERAL TRANSIT
ADMINISTRATION GRANT.
Public Works Director McCluskev and Transit Manager O'Dell presented the staff report.
Mayor Romero opened the public hearing. There were no comments. Mayor Romero
closed the public hearing.
ACTION: Moved by Mulholland/Schwartz to 1) conduct a public hearing to review
the transit 2003 -04 Program of Projects. 2) Adopt Resolution No. 9496 (2003 Series)
authorizing the Public Works Director to file a grant application and execute the
grant agreement from the Federal Transit Administration in the amount of $890,765.
3) Amend the Transit Fund budget for 2003 -04 to conform with the Short Range
Transit Plan adopted by the Council on August 28, 2003, which is the basis for the
grant application; motion carried 5:0.
City Council Meeting..-. Page 7
Tuesday, October 21, 2003, 7:00 p.m.
BUSINESS ITEMS
4. RESOLUTION AUTHORIZING TEMPORARY CLOSING OF CERTAIN STREETS FOR
DOWNTOWN ASSOCIATION ANNUAL HOLIDAY PARADE.
Parks and Recreation Director LeSage and Special Events Coordinator Wallace presented
the staff report.
Public Comments
Gary Fowler, 777 Mill Street, submitted a copy of a petition signed by residents in support of
his request that passes for vehicular access be provided to each household in the parade
staging area. He argued that for 17 years this was permitted but now that has changed
without any explanation to the residents. He noted that residents are not opposed to the
parade and have cooperated in the past by allowing parade participants access to their yards
and homes and by cleaning up after the event. He added that the neighbors have put up with
a lot of inconveniences and nuisance, including having participants urinate in their yards. Mr.
Fowler took issue with a statement in the staff report that said that few residents came to the
neighborhood meeting on September 30th. He explained that he was asked to speak for the
neighbors and did so by attending the meeting and submitting the petition. He reported that
following the meeting, he spoke to people about the accomodations and everyone has
objected to the fact that they will not be provided with passes for vehicular access.
Mary Ann O'Brien, Promotions Coordinator for the Downtown Association, discussed the
events last year and explained that residents misunderstood the stipulation to pass "when
safe to do so ". This resulted in confrontations. She explained that the pass did not allow
them to come and go anytime they wanted to but because of the misunderstandings, the City
had recommended against providing passes this year to alleviate the confusion and maintain
safety. Parks & Recreation Director LeSage clarified that this is the staff's recommendation,
not the Downtown Association's.
Gary Fowler complained about street closures outlined in the map included in the notice
mailed to residents. He debated Ms. O'Brien's comments, reiterated his concerns and
proposed that the solution may be to designate a different parade route this year.
—end of public comments—
CAD Hampian indicated that there is a plan to thoroughly notice the residents and it is
apparent that staff needs to properly train the parade monitors. He explained that while the
recommendation might create an inconvenience, it will ensure the safety of parade
participants.
Police Chief Linden reported that the Holiday Parade is a well- attended night -time event
with a crowded parade route and lots of children and animals. Those factors create a
higher need for safety precautions. She endorsed the staff recommendation and added that
with appropriate notice and mitigations, it is reasonable.
Parks & Recreation Director LeSage responded to questions about the map and clarified that
Mill Street, next to the Mission, will be closed and is not part of the parade route. He agreed
to amend the map attached to the draft resolution.
r 7
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Tuesday, October 21, 2003, 7:00 p.m.
In response to inquiry from Vice Mayor Mulholland, City Attorney Lowell advised that even
though a driver of a vehicle would clearly shoulder some liability if involved in an incident,
the City would be liable as well and most likely named in a lawsuit.
Council discussion ensued.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9497 (2003 Series), as
amended, authorizing the temporary closing of certain streets for the Downtown
Association's annual Holiday Parade and staff to look into more alternatives for
parking and additional port-a- potties; motion carried 5:0.
At 11:35 p.m., Council agreed to continue with the balance of the agenda.
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the SLO County Council of Governments meeting of
October 8 and the Downtown Association Board of Directors meeting of October le.
Vice Mayor Mulholland reported on the Student Community Liaison Committee meeting on
September 25 , the CA Mens' Colony Citizens Advisory Committee meeting on September
26 , and the Jack House Committee meeting on October 15"'.
Council Member Ewan reported on the Economic Opportunity Commission meeting on
September 25m.
Mayor Romero reported on the October SCLC meeting.
COMMUNICATIONS
Mayor Romero brought forth a communication item for discussion regarding the
clarification of Council action on August 28, 2003 regarding connection of Los Osos Valley
Road to Buckley Road (on file in the Office of the City Clerk and continued from the meeting
of October 7"'). Council clarified that their previous action did not include giving direction
to staff to consider an alternative route through Vachell Lane.
Vice Mayor Mulholland reported on a pending bill (AB 1426) regarding affordable housing
and suggested that the Council go on record in opposition. It was determined that the City
Attorney had already prepared a letter in opposition for signature by the Mayor.
Vice Mayor Mulholland proposed that Council consider offering citizens who are
apprehensive about speaking in public the alternative of submitting their views for the
record in one or two sentences on a speaker slip, in lieu of speaking at the podium during
"public comment" periods. No action wlas taken on the proposal. The Council agreed that
members of the public may choose to communicate with the Council in a variety of ways,
including written correspondence, email, telephone calls and by giving personal testimony.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:47 p.m. to Tuesday, November 4, 2003 at 7:00 p.m. in the Council Chamber,
990 Palm Street, San Luis Obispo. 1
City Council Meeting
Tuesday, October 21, 2003, 7:00 p.m.
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APPROVED BY COUNCIL: 11/412003
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City Clerk