Loading...
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. City Council Meeting Page 2 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. City Council Meeting Page 6 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 J City Council Meeting Page 8 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. 1 APPROVED BY COUNCIL: 11/412003 LP:jo 1 1 City Clerk