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Home My WebLink About04/20/2004MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 20, 2004 - 7:00 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; Jonathan Lowell, City Attorney; Diane Reynolds, Deputy 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 McCloskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Principal Administrative Analyst; Austin O'Dell, Transit Manager; Tom Baasch, Chief Building Official; Rob Bryn, Neighborhood Services Manager N INTRODUCTIONS Police Chief Linden introduced the following new employees in the Police Department: Officers Jeffrey Smith, Amy Chastain, Jason Dickel, Cedric Adams, Jeremy Behrens, Thomas King, Adam Stahnke, Eric Vitale, Jerry Waterlander and Jim Fellow and Communications Technicians Carol Moore, Shanna Vatter and Annabelle Smith. PUBLIC COMMENT Naoma Wright. San Luis Obispo, presented a check to the City Council in honor of her late husband, Ken, for the purchase of an Automatic External Defibrillator (AED) to be placed at the City-County Library. Fire Chief Knabe presented the memorial plaque for the AED. Mila Vuiovich- LaBarre, Director of the San Luis Obispo 24 Hour Relay, and Lindsey Miller, Co- Director, reported on the San Luis Obispo High School 24 Hour Relay event. Robert Griffin, representing the Chamber of Commerce, requested that Council revise the landscaping policy for street medians to include flowering plants that would dress up City street medians and gateways to enhance tourism. (Letter on file in the Office of the City Clerk). Staff directed to look into revising the policy, taking into consideration any constraints that may exist, such as Cal Trans requirements, and report back. Mary Beth Schroeder, San Luis Obispo, requested that staff check on permitting for a remodeling project on Wilding Drive. City Council Meeting Tuesday, April 20, 2004, 7:00 p.m. Page 2 Michael Sullivan, San Luis Obispo, stated that he does not agree with the City's policy for submitting written testimony at Council meetings. He stated that at a later date he would be submitting to the Council planning ideas for the Dalidio Project that include mixed uses. John Shoals, Grover Beach, asked Council to change property at 735 Tank Farm Road to an office zone. Council asked Mr. Shoals to put his request in writing. CONSENT AGENDA Council Member Mulholland pulled Item C4 and Mayor Romero pulled Item C8 for comment. ACTION: Moved by Settle/Ewan to approve the consent agenda as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY MARCH 30. 2004 SPECIAL MEETING AND TUESDAY APRIL 6, 2004 REGULAR MEETING. C2. ACTION: Moved by Settle/Ewan to waive oral reading and approve as amended; motion carried 5:0. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9552 (2004 Series) approving a one -year time extension to file the final map for Vesting Tentative Tract Map No. 2447, based on findings, and subject to all of the original findings, conditions, and mitigation measures associated with the tentative map approval; motion carried 5:0. C3. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE FEDERAL FARMLAND PROTECTION PROGRAM (FPP). ACTION: Moved by Settle/Ewan to adopt Resolution No. 9553 (2004 Series) authorizing submittal of a grant application to the United States Department of Agriculture, Natural Resources Conservation Service in the amount of $240,000 in support of acquisition of an agricultural conservation easement on a 160 acre portion of the 391 acre Brughelli Ranch on Buckley Road south of the Airport Area; motion carried 5:0. C4. RESOLUTION REVISING COUNCIL POLICIES AND PROCEDURES AND REPORT OF THE 2004 COUNCIL COMPENSATION COMMITTEE. Council Member Mulholland pointed out minor clerical corrections to the manual, and stated that she believes it is inappropriate for Advisory Body members to sit at the staff table when advisory body recommendations come before Council. Council Member Ewan asked that the reference to life insurance in section 2.2 be deleted if it is determined that Council Members are not eligible. Council concurred. Mayor Romero noted that the revised Council Policies and Procedures become effective December 1, 2004 with the installation of the newly elected City Council. City Council Meeting Tuesday, April 20, 2004, 7:00 p.m. Paa,� 3 Council accepted minor clerical corrections and amended section 6.4.3.1 to read "On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head." Council accepted amendments to section 4.2.4.2 to read as follows: "That the need present, by unanimous vote.)" ACTION: Moved by Settle/Ewan to adopt Resolution No. 9554 (2004 Series) revising the Council Policies and Procedures as amended; motion carried 5:0. C5. COUNCIL COMPENSATION COMMITTEE REVIEW OF THE CURRENT COMPENSATION FOR PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMISSION MEMBERS. C6. C7. ACTION: Moved by Settle/Ewan to make no change to the current compensation for members of the Planning Commission and Architectural Review Commission; motion carried 5:0. ACTION: Moved by Settle/Ewan to 1. Authorize the sole- source purchase of replacement equipment and parts for the Dissolved Air Flotation Thickener (DAFT) Tank at the Water Reclamation Facility (WRF) from WesTech Engineering, Inc., in the amount of $113,005. 2. Approve transfer of $125,000 from the Major Equipment Maintenance Account to the project account for $113,005 equipment purchase plus $11,995 equipment contingency; motion carried 5:0. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9555 (2004 Series) accepting the public improvements and releasing the bonds for Tract 2402; motion carried 5:0. C8. 2004 LEGISLATIVE ACTION PROGRAM. Mayor Romero pulled this item for discussion of modifications to the priorities as presented in the memo from the City Attorney (on file in the Office of the City Clerk). ACTION: Moved by Settle /Ewan to 1) adopt Resolution No. 9556 (2004 Series) establishing Legislative Priorities for 2004 as amended; 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. ' Council directed staff to do a thorough review and clean up of all priorities for next year and to submit a draft program for review by the Council prior to adoption. City Council Meeting Page 4 Tuesday, April 20, 2004, 7:00 p.m. C9. CANCELLATION OF THE JULY 20. 2004 REGULAR CITY COUNCIL MEETING. ACTION: Moved by Settle/Ewan to cancel the Regular City Council Meeting of Tuesday, July 20, 2004; motion carried 5:0. PUBLIC HEARINGS CONSIDER REQUEST FROM BEACH CITIES TAXI CAB TO INCREASE THEIR PICK UP FEE. Public Works Director McCluskev and Transit Manager O'Dell presented the staff report. Council questions followed. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9557 (2004 Series) approving a request from Beach Cities Taxi Cab to modify their schedule of rates; motion carried 5:0. 2. COST RECOVERY PROGRAM FOR CODE ENFORCEMENT. Community Development Director Mandeville, Chief Building Official Baasch and Neighborhood Services Manager Bryn presented the staff report. Council discussion ensued. Mayor Romero opened the public hearing. Gary Fowler. San Luis Obispo, stated that he is against the excessive increase in fees and that the current permit fees are sufficient. He urged Council to get more input from property owners. Michael Sullivan, San Luis Obispo, stated that he is against the program. Andrew Carter, San Luis Obispo, spoke in support of the program. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland /Ewan to adopt Resolution No. 9558 (2004 Series) establishing a code enforcement fee in the amount of $264, and to direct staff to collect the investigation fee outlined in Section 304.5.1 of the Uniform Administrative Code; motion carried 5:0. BUSINESS ITEM 3. PRADO ROAD BRIDGE AT SAN LUIS CREEK AND STREET WIDENING. Public Works Director McCluskev presented the staff report. Staff responded to Council questions and discussion ensued. Public Comments Michael Sullivan. San Luis Obispo, complained that there has never been a direct environmental study of the complete Prado Road. He also expressed concern that funding City Council Meeting Tuesday, April 20, 2004,7:00 p.m. Pace- this project would divert TIF funds from other city projects and that there has not been a ' study of the impact of traffic congestion city-wide caused by the proposed Prado Road interchange. Mary Beth Schroeder, San Luis Obispo, spoke against additional lanes on Prado Road. . --end of public comments— ACTION: Moved by Ewan /Schwartz to 1. approve a request for proposals (RFP) for engineering design services for widening the Prado Road bridge and roadway from the proposed Prado Road freeway interchange to South Higuera Street, with staff to return to Council for approval of the contract award. 2. Accelerate funding for this work in the 2003 -07 Capital Improvement Plan (CIP) by one year by appropriating $680,000 from 2005 -06 for design services to 2004 -05, to be funded from transportation impact fees. 3. Authorize staff to advertise for proposals upon completion of additional structure investigation to determine eligibility for federal. funding; motion carried 4:1 (Mulholland). Mayor called a break at 8:55 p.m. The meeting reconvened at 9:05 p.m. 4. ALCOHOL- RELATED ISSUES IN THE COMMUNITY, INCLUDING MARDI GRAS. Police Chief Linden and CAO Hampian presented the staff report. Public Comments The following citizens spoke in support of the CA recommendation: Comel Morton, Cal Poly Vice President Student Affairs Bob Detweiler, Provost, Cal Poly Gil Stork, Cuesta College Student Services Paul Boniour, SLO Andrew Carter, SLO Mary Beth Schroeder, SLO Betty Schetzer, SLO Joan Lynch, SLO Anne Cruikshanks, SLO Michael Sullivan, SLO Paul Brown, SLO Gary Fowler, SLO Sandra Rowley, SLO Tom King, SLO Patricia Wilmore , SLO Dave Cox, SLO The following citizens spoke in support of continuing the Mardi Gras festival in Mission Plaza: Teresa Schmidt, Grover Beach Pamela Werth, SLO Ramona Gonver, Santa Margarita City Council Meeting Tuesday, April 20, 2004, 7:00 p.m. Page 6 Jay Mueller, Mardi Gras President, and Allen Root, SLO, expressed concern that Mardi Gras events not be assigned disproportionate responsibility for the riot; they asked that other solutions to the problem be considered and indicated that the Board would respond with a position on the parade within 30 days. Greg Doyle, SLO, and Mary Fullwood, Los Osos, supported retaining the Mardi Gras parade and encouraged the exploration of creative solutions to the problems that occurred. The following students spoke in support of better student - community relations. Lillian Androde, Cal Poly student Olga Berdial, Cal Poly ASI Vice President Alison Anderson, Cal Poly ASI President —end of public comments— Council discussion ensued. ACTION: Moved by Settle/Ewan to accept the report summarizing strategies being used by the City and its partners to address and impact alcohol - related problems in the community; and, 2. Direct staff to prepare and send to the Mardi Gras organization, Vice Mayor Schwartz's draft letter (on file in the Office of the City Clerk) with all Council Members' signatures; and, 3. Direct staff to take all appropriate steps that are within our control to plan for 2005 to avoid a recurrence of this year's Mardi Gras problems, including returning to Council with any new City rules or other initiatives that might be needed to help support this effort; motion carried 5:0. COUNCIL LIAISON REPORTS Vice Mayor Schwartz reported on the April 1" meeting of the North County Water Resources Forum and the April 7m meeting of the San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (on file in the Office of the City Clerk). Council Member Mulholland reported on the April 14t' meeting of the Promotional Coordinating Committee. Council Member Ewan reported that he attended the Air Pollution Control Board meeting and the Economic Opportunity Commission (EOC) Board meeting. Mayor Romero reported he participated in the Zone 9 field trip. He also invited the community to attend the Arbor Day celebration at Laguna Lake Park on April 24th at 10:00 a.m. COMMUNICATIONS Council Member Mulholland requested an analysis of the impacts of not extending Sacramento Drive through the pending Tumbling Waters housing project. Staff directed to attempt to negotiate such an analysis into the EIR contract with the goal of keeping the contract within the existing budget if it is not possible to stay within the budget, then the CA will use funds at his discretion to make up the difference, if the difference is relatively small (e.g. $5,000 or less). If however, the analysis will cost significantly more, then the issue should be placed on an agenda for further consideration by the Council. 1 1 FBI City Council Meeting Tuesday, April 20, 2004, 7:00 p.m. Pa5Q7 CAD Hampian asked Council to calendar a special meeting on June 29th to review the Nacimiento Water Project. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:50 p.m. to Tuesday, May 4, 2004 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 5/4/2004 DR:jo Diane Reynold , C.M. . Deputy City Cle