HomeMy WebLinkAbout03/01/2004MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, MARCH 1, 2004 — 6:30 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle,
Vice Mayor Ken Schwartz and Mayor Dave Romero
City Staff:
Present: Ken Hampian, City Administrative Officer; Gil Trujillo, Assistant City
Attorney; Lee Price, City Clerk; John Mandeville, Community
Development Director; Jay Walter, Deputy Public Works Director;
Mike Draze, Deputy Director Community Development; Neil Havlik,
Natural Resources Manager; Michael Clarke, City Biologist; Barbatra
Lynch, Principal Civil Engineer and Jeff Hook, Associate Planner
CLOSED SESSIONS
' Assistant City Attorney Truiillo provided the Closed Session announcements as follows:
1. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: 633 Palm Street
Negotiating Parties: City of San Luis Obispo
By: Ken Hampian
Property Owner: Brad Bilsten Trust
By: Steven Ferrario, The Real Estate Group
Negotiations: Discuss possible property purchase
Assistant City Attorney Truiillo reported that the Closed Session was held and direction given
to City staff regarding the neogtiations.
2. LIABILITY CLAIMS
Pursuant to Government Code § 54956.95
WORKERS' COMPENSATION CLAIM RE JEFFREY ZIMMERMAN
1 Assistant City Attorney Truiillo reported that the Closed Session was held and direction given
to City staff.
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City Council Meeting
Monday, March 1, 2004,6:30 p.m.
Page 2
City Engineer Jay Walter introduced Chris Overby, Transportation Assistant in the Public 1
Works Department.
PRESENTATION
Mayor Romero presented a proclamation to Pat Harris, President of Board of Directors,
recognizing the 35"' anniversary of the Community Counseling Center.
Mayor Romero presented a proclamation to Bob Detweiler, Chairman of the Board of
Directors, recognizing the month of March as Red Cross Month.
PUBLIC COMMENT
SLO Little Theater cast members Teresa Bruce, Cathy Cyr and Paul Brown performed a
musical number from "Sentimental Journey" and invited the public to attend the show.
Andrew Carter, San Luis Obispo, voiced concern about the number of student parties and
drunken behavior all year long and in particular during the recent Mardi Gras weekend. He
asserted that many residents are already being held hostage because of "party house
behavior" in neighborhoods and suggested that the Council charter a community task force
to provide recommendations to address the problem. Council Member Settle suggested he
attend a Student Community Liaison Committee meeting. Council directed staff to consider
Mr. Carter's comments during the process of event debriefing and include as part of a follow -
up report forthcoming.
Mary Beth Schroeder, San Luis Obispo, urged citizens to vote on March 2 "d.
CONSENT AGENDA
Mary Beth Schroeder, San Luis Obispo, spoke in opposition to the adoption of Ordinance No.
1446, Item C2.
SLO County Library Director Brian Reynolds spoke in support of Item C4 and expressed
appreciation to City staff.
Council Member Settle and Council Member Mulholland both noted that they would be voting
No on Item C2.
Staff noted minor clerical modifications to Items C2 and C3.
ACTION: Moved by Ewan/Schwartz to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
C1. APPROVE MINUTES OF TUESDAY, FEBRUARY 10, 2004 SPECIAL MEETING AND
TUESDAY, FEBRUARY 17.2004 REGULAR MEETING.
ACTION: Moved by to Ewan/Schwartz waive oral reading and approve as revised;
motion carried 5:0.
C2. FINAL ADOPTION OF ORDINANCE NO. 1446 (2004 SERIES) REGARDING AMENDING 1
THE MUNICIPAL CODE AND THE CITY'S ZONING REGULATIONS WITH REGARD TO
City Council Meeting Page 3
Monday, March 1, 2004,6:30 p.m.
CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR FUEL (TA 108-
'
03)-
ACTION: Moved by Ewan/Schwartz to adopt Ordinance No. 1446 (2004 Series);
motion carried 3:2, Settle, Mulholland opposed.
C3. MANAGEMENT EMPLOYEES' COMPENSATION.
ACTION: Moved by Ewan/Schwartz to adopt Resolution No. 9528 (2004 Series)
approving management compensation for 2004 and revising the Management Pay
for Performance System; motion carried 5:0.
C4. LIBRARY REOUEST FOR DEDICATED COMMERCIAL LOADING ZONE.
ACTION: Moved by Ewan/Schwartz to 1) Introduce Ordinance No. 1447 (2004 Series)
amending Chapter 10.44 (stopping for loading or unloading only), Section 10.44.030
(Purpose). 2) Adopt Resolution No. 9529 (2004 Series) determining that the
Commercial loading space located on Palm Street in front of the City-County Library
may have commercial loading and unloading activities for up to sixty (60) minute
duration during the Copeland project construction period; motion carried 5:0.
PUBLIC HEARINGS
1. 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
Associate Planner Hook presented the staff report. Human Relations Commission Chair
Nichols provided supportive comments.
Mayor Romero opened the public hearing.
Peggy Fowler, EOC Homeless Services, expressed gratitude for grant funding.
Teresa Dishman, Pismo Beach resident
Mary Wilson, San Luis Obispo resident
Bradley Parrish. San Luis Obispo resident
Jeanann Hurst, Atascadero resident
Robert Grimm, San Luis Obispo resident
Leoncio Dollete, Morro Bay resident
Mayor Romero closed the public hearing.
Council Member Ewan mentioned that he is a member of the Board of EOC but has no
conflict of interest.
ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9530 (2004 Series) that:
1) approves the 2004 CDBG Program activities and funding, with adjustments based
on a new funding estimate, 2) amends previous years' CDBG Programs, 3) endorses
the Urban County's Draft One -Year Action Plan, including HOME, Special Urban
' Projects and Emergency Shelter Grant funding, and 4) forwards the Council's
actions and funding recommendations to the Board of Supervisors; motion carried
5:0.
City Council Meeting Page 4
Monday, March 1, 2004,6:30 p.m.
2. CONSIDER THE CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO
REMOVE 541 BUCHON STREET FROM THE CITY'S LIST OF CONTRIBUTING
HISTORIC PROPERTIES (ARCMI 71 -03).
Community Development Director Mandeville presented the staff report.
Mayor Romero opened the public hearing.
Applicant's representative Garth Kornreich, architect, spoke in favor of the recommendation,
noting that the residence will be substantially remodeled.
Mayor Romero closed the public hearing.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9531 (2004 Series) to
remove the property at 541 Buchon Street from the listing of contributing historic
properties; motion carried 5:0.
3. ADOPTION OF THE CONSERVATION PLAN FOR BISHOP PEAK NATURAL
RESERVE.
Natural Resources Manager Havlik and City Biologist Clarke presented the staff report.
Public Comments
Mary Beth Schroeder spoke in favor of plan adoption.
Andrew Carter, San Luis Obipso, suggested that the term "roads" be changed to "jeep trails ",
spoke in support of the Plan but stated that there is a parking situation, one perhaps which
may not be resolved.
—end of public comments—
Brief Council comments followed. Council Member Mulolland mentioned that she has
heard that there is a need to increase ranger patrol hours. Mayor Romero proposed that
groups might be willing to "adopt a trail ".
ACTION: Moved by Settle/Mulholland to approve Resolution No. 9532 (2004 Series)
adopting the Conservation Plan for Bishop Peak Natural Reserve, as amended, and
finding a Mitigated Negative Declaration of environmental impact; motion carried
5:0.
4. FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D.
City Engineer Walter and Principal Civil Engineer Lynch presented the staff report. There
were no public comments.
ACTION: Moved by Ewan/Settle to 1) adopt Resolution No. 9533 (2004 Series) of
Necessity for easements for the Foothill Bridge Replacement Project. 2) Direct
Finance to prepare a check for $112,400 to the State Treasury Condemnation Fund '
for the current property valuation of the properties identified in the Resolution of
Necessity; motion carried 5:0.
City Council Meeting
Monday, March 1, 2004, 6:30 p.m.
Mayor Romero called a recess at 9:54 p.m. At 10:00 p.m.
PUBLIC HEARINGS, CONTINUED
5. DRAFT HOUSING ELEMENT UPDATE.
Council continued their review of the Draft Housing Element Update.
Public Comments:
Page S6
Donna Lewis, San Luis Obispo, spoke in favor of the Draft Housing Element, as presented,
and asked the Council to honor the recommendations of the Task Force and the Planning
Commission because they represent the ideas of the community at- large. She also urged
the Council to provide incentives for more work force housing.
Mary Beth Schroeder, San Luis Obispo, asserted that the City would not have a housing
shortage if Cal Poly would house students on- campus.
Steve Barasch, SLO Property Owners Association, urged greater density in expansion areas
and discussed the difficulty the building industry has with delivering a small home on a
small lot.
Patricia Wilmore, Chamber of Commerce, urged the Council to strive for moderate income
housing by offering greater incentives and requiring fewer deed restrictions.
Steve Delmartini, San Luis Obispo resident, suggested that the Council look at some areas
previously overlooked for greater density (ex: Johnson Ave corridor area, Foothill area).
He displayed the current multiple listing service list of houses and noted that there are only
27 homes and 9 condos currently for sale in SLO.
Community Development Director Mandeville proposed a schedule for completing the
review of the Draft, as follows: March 16 (regular meeting), March 23 (special meeting if
needed) and March 30 (special meeting to adopt).
Council completed their review of Chapter 3, beginning with 8.2.4.
A majority of the Council agreed to amend.,
Sections 8.2.4, 8.2.6, 8.3.3, 8.3.6, 9.2.2, 9.2.3, 9.2.5, 10.2.1, and 11.2.1
A majority of the Council agreed to add.,
Section 8.3.7 - "Provide public educational information at the CDD counter on
universal design concepts in new construction ".
Section 10.3.4 — language suggested by Residents for Quality Neighborhoods on
page 8 of their correspondence of 1/29104.
A majority of the Council agreed to strike:
' Section 10.3.4
City Council Meeting
Monday, March 1, 2004, 6:30 p.m.
ACTION: Continued to March 16, 2004 Council meeting.
COUNCIL LIAISON REPORTS
Page 6
Council Member Mulholland reported on the February 23rd Cultural Heritage Committee
meeting; the February 24n Student Community Liaison Committee continuity subcommittee
meeting and the February 25th Economic Vitality Corporation Board of Directors meeting.
Mayor Romero reported that he had attended a meeting on March 1 at sponsored by the SLO
Building Contractors Association regarding seismic refrofit. Council Member Ewan provided
a status report on work of the Seismic Task Force.
Council Member Ewan reported on the Economic Opportunity Commission Board retreat in
Morro Bay on February 280.
COMMUNICATIONS
Vice Mayor Schwartz reported that ECOCITY Builders, a Berkeley based non - profit
organization dedicated to building cities in balance with nature, would like to visit SLO on
May 20th to learn about the Mission Plaza/San Luis Obispo Creek project as part of an effort
to explore options to uncover and renovate a creek now covered over by Center Street in
downtown Berkeley. He added that the group is requesting that the Council agree to co-
host (non- monetary) the event and invite a delegation from City of Berkeley to attend. Staff
was directed to draft a letter of invitation for the Mayor's signature.
Council briefly discussed City representation at the UC-CSU Host Cities Mayors
and City Managers meeting March 12, 2004 in Oakland. Due to the lack of sufficient notice
Council representatives Mayor Romero, Council Member Ewan and Council Member
Mulholland (Alternate) declined to attend.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:15 p.m. to Tuesday, March 9, 2004 at 7:0 p.m. in the poyncil Chamber, 990
Palm Street, San Luis Obispo.
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 311612004
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