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HomeMy WebLinkAbout09/21/2004MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 21, 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; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; John Moss, Utilities Director; Buzz Kalkowski, Associate Planner; Gary Henderson, Water Division Manager; Scott Tolley, Police Lieutenant CLOSED SESSION 1 City Attorney Lowell announced the following Closed Session topic: CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Moloney Employee Organization: San Luis Obispo Police Officers' Association City Attorney Lowell reported that the above - referenced Conference was held, during which Council provided direction to its labor negotiators. There was no further reportable action at this time. PRESENTATIONS Human Resources Manager Moloney and Mayor Romero presented City employees with years of service awards. Mayor Romero announced that the display cabinet at the entry to the Council Chambers has been arranged in honor of former Mayor Ron Dunin. He invited the public to view this memorial in honor of Mayor Dunin. PUBLIC COMMENT Bill Bowman. Atascadero resident and soccer official, expressed concern regarding the inadequacy of all but one of the Damon Garcia soccer fields to accommodate tournaments. City Council Meeting Page 2 Tuesday, September 21, 2004, 6:30 p.m. Michael Gilligan, San Luis Obispo, expressed concerns related to improvements at Morro and Santa Barbara Streets, and raised issues related to Upham Street. He suggested that the landscaping obscures the view of Santa Barbara Street, noted that bicyclists are using what is no longer a bicycle lane, and questioned the nearness of the Del Monte flag pole to a light pole. Gary Fowler. San Luis Obispo, referenced the discussion at the Architectural Review Commission (ARC) last night related to Monterey Plaza. He said he has obtained signatures from a number of businesses that are opposed to the Plaza. He reiterated comments he made at the ARC meeting about potential problems that may arise (trash resulting from gatherings, the lack of restroom facilities, the inadequacy of power for loud speakers, and the loss of parking spaces). Mary Beth Schroeder, San Luis Obispo, reiterated comments she has made at previous meetings reflecting her concerns about the governance of the City. Bill Wilson, San Luis Obispo, discussed the placement of fields at the Damon Garcia sports complex and questioned whether two fields can be placed on the other side of Acacia Creek. He suggested that Prado Road should intersect at Tank Farm Road, not Broad Street. Michael Sullivan, San Luis Obispo, suggested that there is potential for more recreational space at the Damon Garcia sports complex if the northern alignment of Prado Road is eliminated. CONSENT AGENDA Council Member Mulholland requested that item C5 (Cancellation of the November 2, 2004, 1 Regular City Council Meeting) be pulled from the Consent Agenda. Vice Mayor Schwartz requested that item C3 (Filipponi Ecological Area - Tarplant Mitigation) be pulled from the Consent Agenda. Council Member Ewan said he has asked the Clerk to confirm and, if appropriate, revise the first two paragraphs of page 5 (item C6) of the September 7, 2004, minutes to reflect that it was he who was speaking rather than Council Member Settle. C1. C2. ACTION: Moved by Mulholland/Settle to approve the consent agenda as recommended by the City Administrative Officer, with the exception of items C3 and C5; motion carried 5:0. ACTION: Moved by Mulholland/Settle to waive oral reading and approve as corrected; motion carried 5:0. ACTION: Moved by Mulholland/Settle to approve Amendment No. 7 and authorize the Mayor to sign the amendment between the City of San Luis Obispo and the Secretary of the Army (U.S. Army Corps of Engineers); motion carried 5:0. City Council Meeting Tuesday, September 21, 2004, 6:30 p.m. Page 3 C3, APPROVAL OF USE OF A PORTION OF THE FILIPPONI ECOLOGICAL AREA FOR 1 MITIGATION IMPACTS TO CONGDON'S TARPLANT. Natural Resources Manager Havlik responded to questions raised by Vice Mayor Schwartz and Council Member Mulholland. ACTION: Moved by Schwartz[Mulhoiland to 1) authorize the use of approximately four acres of land within the City's 75-acre Filipponi Ecological Area for mitigation of impacts to the Congdon's tarplant occasioned by the development of the Costco project on Los Osos Valley Road and the Dioptics development on Vachell Lane in the unincorporated area. 2) Authorize the Mayor to sign the attached agreements with Costco and Dioptics memorializing the terms of the mitigation projects; motion carried 5:0. C4. APPROVAL OF SETTLEMENT AGREEMENTS FOR FOOTHILL BRIDGE. ACTION: Moved by Mulholland/Settle to 1) adopt Resolution No. 9610 (2004 Series) approving the settlement agreements with the three affected property owners adjacent to the Foothill Bridge construction project. 2) Reduce the encumbrance to Meyers Nave by $31,000 to fund settlement payments. 3) Authorize Finance to issue payments as outlined in the settlement agreements including interest; motion carried 5:0. C5. CANCELLATION OF THE NOVEMBER 2, 2004. REGULAR CITY COUNCIL MEETING. Council Member Mulholland asked Council to give consideration to canceling the ' special meetings during the election period as has been done in previous elections. Her concerns were with the September 28"' and October 12th special meetings, which have been dedicated to the Margarita Area Specific Plan (MASP). Vice Mayor Schwartz asked for information on what those special meetings will consist of and explained that, because of his involvement over the years with the MASP, he would like to see this project to completion. Discussion ensued during which staff reviewed the items currently scheduled for the meetings in October and November, and Council Members Ewan and Settle and Mayor Romero concurred with Vice Mayor Schwartz and supported staff's recommendation to cancel the November 2n° City Council meeting. Mayor Romero also concurred, noting that completing the MASP is a high priority and that he would support an additional meeting at the end of November for this purpose, if necessary. ACTION: Moved by Settle/Ewan to cancel the Regular City Council Meeting of Tuesday, November 2, 2004; motion carried 5:0. C6. POLICE STATION EMERGENCY GENERATOR REPLACEMENT, SPECIFICATION NO. 90506. ACTION: Moved by Mulholland/Settle to 1) approve a new CIP project to replace the emergency generator at the Police Station. 2) Transfer $50,700 from the Capital Outlay Fund completed projects account to a new project budget for the generator replacement; motion carried 5:0. City Council Meeting Tuesday, September 21, 2004, 6:30 p.m. 1. PUBLIC HEARING Page 4 Associate Planner Kalkowski presented the staff report. He and Community Development Director Mandeville responded to Council's questions. Mayor Romero opened the public hearing. Gary Fowler. San Luis Obispo, suggested that parking is an issue that should be considered. Mayor Romero closed the public hearing. Discussion ensued during which staff clarified the language in the ordinance, noting that an earlier amendment to the planned development had authorized the presence of attorneys at this site. ACTION: Moved by SettlelEwan to introduce Ordinance No. 1457 (2004 Series) which approves modifications to previously adopted Ordinance No. 1376 (2000 Series), eliminating the overall size restrictions of non - governmental offices and allowing doctors offices and medical clinics; motion carried 5:0. BUSINESS ITEMS 2. WATER REUSE MASTER PLAN. Utilities Director Moss and Water Division Manager Henderson presented the staff report and responded to Council's questions. Public Comments Mary Beth Schroeder, San Luis Obispo, objected to the proposal. —end of public comments— ACTION: Moved by Settle/Ewan to 1) approve the Final Water Reuse Master Plan, July 2004. 2) Consider the Addendum to the Water Reuse Project EIR relative to the Water Reuse Master Plan and find that the preparation of a Supplemental EIR is not necessary. 3) Approve the strategy based on a hybrid of alternatives A -1 & A -2, for future annual expansion of the Water Reuse System to provide incremental increase in the water available for non - potable uses; motion carried 5:0. Mayor Romero called a recess at 8.30 p.m. The meeting resumed at 8:43 p.m. 3. CITY CLERK'S REPORT ON SUFFICIENCY OF REFERENDUM PETITION REGARDING RESOLUTION NO. 9590 (2004 SERIES) DALIDIO /SAN LUIS Council Member Settle declared that because he owns property within the vicinity of this project, he would abstain on this matter. He left the Council Chambers at this time. 1 City Council Meeting Page 5 Tuesday, September 21, 20049 6:30 p.m. Council Member Mulholland moved to table this matter. The motion failed due to lack of a second. City Attorney Lowell presented the staff report. He referenced the "red file" memorandum provided by the City Clerk today and said that, in light of concerns expressed by both the opponents and proponents of this project regarding staff's recommendation to pursue a mail ballot election, staff is recommending Council defer taking action on this matter until such time as the status of the two subsequent petitions is determined. Council Member Mulholland questioned the lack of information in the agenda report related to other than mail ballot elections. Public Comments Mila Vuiovich -La Barre, on behalf of Save San Luis Obispo, urged Council to repeal their prior decision and reject the Marketplace project Ms. Vujovich -La Barre submitted a transcript of her comments to staff (on file in the City Clerk's office). Kent Taylor on behalf of Save San Luis Obispo, said there are too many issues related to this item for Council to act on it tonight He suggested that there are advantages to delaying a vote on this matter until the next general election. He opposed a mail ballot election. Michael Helper, San Luis Obispo, suggested Council should defer this matter until after the November election. Brett Cross. representing RON, also opposed a mail ballot election. Andrew Merriam, San Luis Obispo, questioned the impact of a mail ballot election and concurred with staffs recommendation to delay action on this matter. Philip Hannifin, San Luis Obispo, also expressed concern related to a mail ballot election. Andrew Carter, San Luis Obispo, suggested that it would be more beneficial to hold an election sooner rather than later. He continued to support a mail ballot election, but wanted additional information on the concept Patricia Wilmore, San Luis Obispo Chamber of Commerce, said that at the Chamber Board meeting today, it was the consensus of the Board members that this matter should be taken to the voters via the method that allows the most possible voters to cast their vote. Jan Howell Marx, San Luis Obispo, said that this matter requires a traditional election with multiple safeguards and without using a contractor. She questioned the legality of adopting an ordinance establishing a mail ballot election after the petitions were submitted. Richard Schmidt San Luis Obispo, said Council should rescind their earlier action, as indicated in correspondence he sent to Council, and discussed his opposition to a mail ballot election. Mary Beth Schroeder, San Luis Obispo, disagreed with both the project and the proposed process. Eugene Jud, San Luis Obispo, said he thinks the petitions are a good idea, but explained why he thinks more information is needed regarding the impacts of the Marketplace project. City Council Meeting Tuesday, September 21, 2004, 6:30 p.m. Page 6 Michael Sullivan. San Luis Obispo, opposed a mail ballot election, suggested that if an ordinance is adopted, it should apply to all special elections, and said that the timing of the election Is an issue. Evelyn Delmartini. San Luis Obispo, urged Council to move forward as quickly as possible with an election. —end of public comments— Council Member Mulholland asked whether voters will receive the entire text contained in the three petitions and, pending a decision on this matter, said that is her preference. She stated that she believes Council should oppose the CAO recommendation and not have further discussion on the matter of a mail ballot election. Council Member Ewan said that it is extremely important to get the largest voter turnout possible. He noted that special elections don't draw as many voters as other elections and said he would like additional information on the mail ballot option. Vice Mayor Schwartz noted his experience as a polling place worker, but noted his and his family's tradition of voting by mail. He also asked for additional information regarding the pros and cons of a mail ballot election. Mayor Romero clarified that there are two actions before Council. The first is whether to rescind action approving the Marketplace project. He explained why he is not interested in rescinding that decision and why he supports proceeding with an election as soon as possible in a manner that will draw as broad a cross section of citizenry as possible. He concurred with Council Member Ewan and Vice Mayor Schwartz in asking staff to provide additional Information on the advantages and disadvantages of a mail ballot election. Council Member Mulholland moved to rescind Resolution No. 9590 (2004 Series) (approval of a General Plan amendment). The motion died for lack of a second. Council Member Ewan moved to defer action on this matter and to direct staff to bring back a deeper analysis of the pros and cons of a mail ballot election vs. a traditional polling place election. Motion seconded by Vice Mayor Schwartz. Council Member Mulholland spoke to the motion. She agreed that the intention is always to get the broadest cross section of and as many voters as possible. However, she disagreed with a mail ballot election, noting that San Luis Obispo has a traditionally high voter turnout. ACTION: Moved by Ewan/Schwartz to 1) defer action on the Referendum Petition regarding Resolution No. 9590 (2004 Series): a) Until the City Clerk has determined the final status of the Referendum Petition regarding Ordinance No. 1449 (2004 Series) related to the Dalidio/San Luis Marketplace Project; and b) until a Referendum Petition regarding Ordinance No. 1452 (2004 Series) related to the Datidio/San Luis Marketplace Project has been submitted and its final status has been determined by the City Clerk. 2) Direct staff to return with a detailed analysis of the pros and cons of an all -mail ballot election vs. a traditional polling place election; motion carried 3:1:1 (Mulholland opposed; Settle abstained). Council Member Settle returned to the Council Chamber at this time. 1 City Council Meeting Page 7 Tuesday, September 21, 2004, 6:30 p.m. 4. MARDI GRAS WEEKEND 2005 PLANNING UPDATE AND RECOMMENDED STRATEGY. Police Chief Linden and Lieutenant Tolley presented the staff report. They, along with CAD Hampian, responded to Council's questions. Public Comments Lianne Nicholson, Arroyo Grande resident, opposed the proposed safety enhancement zone. Cody Reinheimer, San Luis Obispo, opposed the manner in which the Police Department handled Mardi Gras last year as well as the proposed safety enhancement zone. Blake Bolton, San Luis Obispo, suggested that fines be raised on a permanent basis instead of creating a safety enhancement zone. Paul Brown, San Luis Obispo, explained why he supports a safety enhancement zone, but suggested that the zone should be established on a case -by -case basis. He said he Is concerned about Grand Avenue near CalPoly and suggested that it should also be an enforcement zone. Andrew Carter, San Luis Obispo, supported the proposal in general, but expressed concerns about the safety enhancement zone. He suggested that the city isn't doing an adequate job of enforcing existing ordinances. In addition, he thought the zone should be citywide or it could push the problem from one area to another. He thought the regular weekend parties exacerbate the Mardi Gras problem and that there is a need to gain control year round. Patricia Wilmore. Chamber of Commerce, emphasized Police Chief Linden's comments that the San Luis Obispo Chamber of Commerce will use every means at its disposal to inform its members and the public at large that the Mardi Gras event is over. Gil Stor San Luis Obispo, Interim Vice President of Cuesta College, encouraged Council to take a strong leadership role in this matter and said that Cuesta will be a full partner. He said that he supports a strategic messaging program for Cuesta students. He also supported the contract with Barnett Cox & Associates, as well as increasing the level of consequences. Mary Beth Schroeder, San Luis Obispo, opposed Mardi Gras in San Luis Obispo. Gary Fowler. San Luis Obispo, suggested that students should be used to end the Mardi Gras behavior and opposed hiring the consultant. Cornell Morton, Vice President of Student Affairs at CalPoly, stated for the record his intention to send the message to the students that a repeat of what occurred last year serves no one well. He is working with Mr. Bolton to communicate this message. He said he is committed to supporting the City's effort and to working constructively to avoid a repeat of last year's event. –end of public comments — Police Chief Linden and CAO Hampian responded to some of the questions and concerns raised and acknowledged the need to provide more information regarding safety enhancement zones. City Council Meeting Tuesday, September 21, 2004, 6:30 p.m. Page 8 Council Member Settle spoke in support of the recommendation, including safety enhancement zones. He asked for a greater degree of support and assistance from the Mardi Gras leadership as the city attempts to prevent another riot. Council Member Ewan discussed his support of the recommendation and of community service. Vice Mayor Schwartz also discussed his support of the recommendation. Council Member Mulholland said that she doesn't appreciate the militaristic approach, but sees a need to keep the community safe. She expressed concern that the Student Community Liaison Committee (SCLC) Is disconnected from the rest of the student community and so information is not getting back to the campuses. She suggested that there needs to be police officers on and off campus to communicate with the student community. She said she thinks the safety enhancement zone should be citywide during this experimental period. She said she will receive the report, support contracting with Barnett Cox and Associates, and will conceptually support the safety enhancement zone, but not necessarily the areas proposed. Mayor Romero said he also has concerns that students are not getting enough information and asked Mr. Bolton as ASI President to work closely with the SCLC on this issue. He said he will support all of the recommendations. Following additional discussion, Mayor Romero suggested an enabling ordinance be adopted and that the actual zone be adopted by resolution. In response to Council Member Mulholland, Police Chief Linden said she will provide additional information regarding the operational strategy number 6 (related to the closure of public and private parking lots). ACTION: Moved by Settle/Ewan to 1) receive a report regarding the planning efforts to date for Mardi Gras weekend 2005, and endorse an overall 2005 strategy for ending the dangerous and destructive "Mardi Gras Weekend" phenomenon that has evolved in San Luis Obispo over the last several years. 2) Authorize the City Administrative Officer to execute a contract with Barnett Cox & Associates for an amount not to exceed $30,000 for public information services for Mardi Gras weekend 2005. 3) Conceptually support the creation of Safety Enhancement Zones in the areas of Foothill and California and the downtown, and directing staff to draft an ordinance authorizing the creation of safety enhancement zones and allowing for setting of their boundaries by resolution of the City Council; motion carried 5:0. COUNCIL LIAISON REPORTS Mayor Romero reported on the League of California Cities (LOCC) activities at its Annual Conference last week (see memo on file in the City Clerk's Office). Council Member Settle said he and Council Member Mulholland also attended the LOCC Conference. He expressed concern regarding legislation related to annexations. Council Member Mulholland reported on her attendance at the September a Integrated Waste Management Board meeting and the September 14"' Downtown Association Board meeting. She noted that the Taste of SLO event netted approximately $29,000 and that.the holiday theme this year will be "Candy Cane Lane." City Council Meeting Tuesday, September 21, 2004, 6:30 p.m. Page 9 Council Member Ewan reported that he attended the EOC Board meeting. ' COMMUNICATIONS Council Member Ewan recommended that the City consider the same participation in the Central Coast Greenbuild Conference & Expo, scheduled for February 2005, as we did last year (see memo on file in the City Clerk's Office). By consensus, Council directed staff to proceed as last year. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:57 pm to Tuesday, September 28, 2004 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 1 OW004 1 Audrey Hooper City Clerk