Loading...
HomeMy WebLinkAbout06/20/20061 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 20, 2006 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA CLOSED SESSION - 12:00 p.m. CALL TO ORDER: Vice Mayor Settle called the meeting to order at noon in the Council Hearing Room. ROLL CALL: Council Members Present: Council Members Paul Brown, John Ewan, and Christine Mulholland, and Vice Mayor Allen K. Settle Absent: Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Shelly Stanwyck, Assistant City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Monica Irons, Human Resources Director; Economic Consultant Allan Kotin City Attorney Lowell announced the following Closed Session topics and Council adjourned to the Closed Session: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Employee Organization: Monica Irons San Luis Obispo City Firefighters, Local 3523 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 736 Marsh, APN 002 - 424 -022 Negotiating Parties: City of San Luis Obispo: Ken Hampian, Shelly Stanwyck, Jonathan Lowell Landowner: Westpac Development Inc. Negotiations: Potential Terms of Sale City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. Page 2 There being no further business to come before the City Council, Vice Mayor Settle adjourned the Closed Session at 1:30 p.m. to the Regular Meeting to be held at 5:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. REGULAR SESSION - 5:00 p.m. CALL TO ORDER: Vice Mayor Settle called the meeting to order at 5:00 p.m. ROLL CALL: Council Members Present: Council Members Paul Brown, John Ewan, Christine Mulholland, and Vice Mayor Allen Settle Absent: Mayor Romero (Present via teleconference for item PH 5.) City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Audrey Hooper, City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Irons, Human Resources Director; John Moss, Utilities Director; Betsy Kiser, Parks and Recreation Director; Barbara Lynch, Engineer; Gary Henderson, Water Division Manager; Ron Munds, Utilities Conservation Coordinator; Doug Davidson, Deputy Director Community Development; Tim Bochum, Deputy Director Public Works; Emily Meirik, Utilities Conservation Technician City Attorney Lowell made the following report on the Closed Session that was held at noon: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons Employee Organization: San Luis Obispo City Firefighters, Local 3523 The Conference was held and Council provided direction to its negotiators. There was no further reportable action. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiator: Monica Irons Employee Organization: San Luis Obispo City Employees' Association (SLOCEA) The Conference was held and Council provided direction to its negotiators. There was no further reportable action. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 736 Marsh, APN 002 - 424 -022 Negotiating Parties: City of San Luis Obispo: Ken Hampian, Shelly Stanwyck, Jonathan City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. Landowner: Negotiations: Lowell Westpac Development Inc. Potential Terms of Sale Page 3 The Conference was held with City staff and economic consultant Allan Kotin, who provided information. No further information is available at this time. However, staff intends to return to Council at the meeting of July 18"' with a Memorandum of Understanding. PRESENTATIONS Daniella Kaplan was presented with a Certificate of Appreciation by Vice Mayor Settle and Recreation Coordinator Wallace for her fundraising efforts, which raised $1,221 for equipment for the San Luis Obispo Skate Park at Santa Rosa Park PUBLIC COMMENT Lillian Judd, EOC, invited Council and other donors to the Maxine Lewis Memorial Shelter to an appreciation reception that will be held there on June 24"'. BUSINESS ITEMS 1. 2006 -2007 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA) FUNDING RECOMMENDATIONS. Human Resources Director Irons and HRC Vice Chair Stephen Lamb presented the staff report. Public Comments The following people spoke in support of the grant applications for their organizations: Pearl Munak President of the Homeless Housing Project Joy Foraerson, EOC Child Care Resource Connection Michael Passarelli. SLO Child Development Center David Kilburn, SLO County Aids Support Network —end of public comments— Council Members Mulholland and Ewan remarked on the contributions to the community by the organizations being recommended for funding. ACTION: Moved by Mulholland/Ewan to approve the HRC GIA recommendations for the 2006 -2007 fiscal year and authorize the City Administrative Officer to execute agreements with each GIA recipient for 2006 -2007 as outlined in the GIA Summary of Recommendations; motion carried 4:0:1 (Romero absent). 14 Parks and Recreation Director Kiser presented the staff report . Debbie Nicklas and June McGivor, members of the PCC, were present to respond to questions. City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. Page 4 Public Comments Jane Lewis spoke on behalf of the San Luis Obispo Symphony, as well as the SLO County Youth Symphony. --end of public comments— ACTION: Moved by Ewan/Mulholland to approve the 2006 -2007 Grants -In -Aid (GIA) and authorize the City Administrative Officer to execute the individual agreements with each grant recipient; motion carried 4:0:1 (Romero absent). 3. THURSDAY NIGHT PROMOTIONS RULES, REGULATIONS AND FEE CHANGES. Council Member Brown recused himself from this item because he operates a barbeque during the Thursday Night Markets. He left the dais at this time. Downtown Association Administrator Deborah Cash and Promotions Coordinator Kristin Dennis presented the staff report and responded to questions. Public Comments Tunny Ortali, Chief Executive Officer and co -owner of McLintocks, Inc., protested the fee increases, and the barbecue fee in particular. He expressed concern that the recommendations were not available in a timely manner and asked Council to send the proposal back to the Thursday Night Promotions committee. Paul Brown said he was speaking as a citizen and a member of the Downtown Association/ Thursday Night Promotions. He suggested that there should be a two- tiered rate for barbecuers during the off months, since these are the only vendors who are required to participate in the Market. Jason Reed, volunteer for nonprofit organizations, expressed concern regarding the impact the fee increase may have on nonprofits. Doug Shaw, Sanctuary Tobacco Shop owner and current President of the Downtown Association, said that he was on the subcommittee that studied the fees. He pointed out that SLO's fees are unusually low and explanied how the increases will enable improvements to be made to the Market. —end of public comments— During the ensuing discussion, Downtown Association Administrator Cash responded to Council's questions related to the noticing process and why a variable rate/tiered system for barbecues was not considered feasible. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9804 (2006 Series) approving the Downtown Association's changes to Rules, Regulations and Fees for Thursday Night Promotions; motion carried 3:0:1:1 (Brown recused, Romero absent). Council Member Brown returned to the dais at this time. 4. AMENDED REIMBURSEMENT AGREEMENT WITH COSTCO FOR REALIGNMENT OF CALLE JOAQUIN. City Council Meeting Page 5 Tuesday, June 20, 2006 - 5:00 p.m. City Attorney Lowell presented the staff report and responded to questions. Public Comments None. —end of public comments— Council Member Mulholland discussed her opposition to the recommendation. Issues of concern to her included, in part, that the realignment of Calle Joaquin did not occur prior to the issuance of the occupancy permit and that Costco was aware that building costs would increase. She said that Costco's mitigation was to cover 18% of the full cost of the Los Osos Valley Road interchange and that percentage has not been changed even though the cost of the project has increased. ACTION: Moved by Ewan/Brown to approve an amended reimbursement agreement with Costco Wholesale Corporation ( Costco) for the realignment of Calle Joaquin south of Los Osos Valley Road and authorize the Mayor to execute the agreement; motion carried 3:1:1 (Mulholland opposed, Romero absent). Council recessed from 6:25 and reconvened at 7:00 p.m. PUBLIC COMMENT Terry Mohan. San Luis Obispo, spoke in opposition to the Prado Road extension becoming a four -lane highway and part of State Highway 227. He suggested that it should be lined up with Industrial Way. He thought steps could then be taken to alleviate parking issues in that area. Gary Fowler, San Luis Obispo, encouraged Council and staff to follow Paso Roble's lead and not consider a sales tax increase. He asked that graffiti in the downtown be cleaned up and that the City ask Caltrans to clean up the graffiti on Marsh and Broad Streets. Sifu Kelvin- Harrison. San Luis Obispo, discussed his continuing concerns regarding harassment. CAO Hampian discussed the process by which the City removes graffiti. Andy Rowsemitt. San Luis Obispo, submitted a statement (on file in the City Clerk's office) asking that Council consider implementing a mobile home conversion ordinance. Council Member Mulholland asked Council to support directing the City Attorney to provide information and a recommendation for a possible mobile home conversion ordinance. Council concurred. CONSENT AGENDA Council Member Ewan indicated that he would recuse himself from item C7 (his business is within the vicinity of the project site). At the request of Council Member Mulholland. item C7 was pulled and acted on after the rest of the Consent Agenda items. ACTION: Moved by Brown/Mulholland to approve the Consent Agenda as indicated below. Item C7 was considered and acted on after this motion. City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. C1. MINUTES OF TUESDAY, JUNE 6.2006. ACTION: Moved by Brown/Mulholland to waive oral reading and approve as presented; motion carried 4:0:1 (Romero absent). C2. NOVEMBER 7.2006, GENERAL MUNICIPAL ELECTION. Page 6 ACTION: Moved by Brown/Mulholland to: 1) Adopt Resolution No. 9805 (2006 Series ) calling and giving notice of a General Municipal Election on Tuesday, November 7, 2006, and adopting regulations pertaining to candidates' statements. 2) Adopt Resolution No. 9806 (2006 Series) requesting the San Luis Obispo County Board of Supervisors to consolidate the November 7, 2006, General Municipal Election with the Statewide General Election to be held on that date; motion carried 4:0:1 (Romero absent). C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9807 (2006 Series) authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as described within Municipal Code Section 8.04.070 as liens against the properties involved; motion carried 4:0:1 (Romero absent). C4. 2007 AMGEN TOUR OF CALIFORNIA PARTICIPATION AGREEMENT. ACTION: Moved by Brown/Mulholland to approve an agreement with AEG Cycling for the City of San Luis Obispo's participation in the 2007 Amgen Tour of California cycling event and authorize the Mayor to execute the final agreement, contingent upon selection by AEG Cycling for San Luis Obispo to be a host City; motion carried 4:0:1 (Romero absent). C5. AGREEMENT WITH SEAHAWK SWIM CLUB. ACTION: Moved by Brown/Mulholland to approve a one -year contract between the City of San Luis Obispo and the Seahawk Swim Club for use of the Swim Center, effective July 1, 2006, to June 30,2007; motion carried 4:0:1 (Romero absent). C6. SEWER REPLACEMENT —129 CHORRO. SPECIFICATION NO. 90591. ACTION: Moved by Brown/Mulholland to: 1) Approve an easement agreement which provides for a permanent sewer easement from the owners of the property located at 129 Chorro Street in exchange for construction of a retaining wall. 2) Authorize the Mayor to execute the agreement, accept the easements, and execute any other documents associated with this transaction. 3) Approve the plans and specifications for the "Sewer Replacement —129 Chorro", Specification No. 90591. 4) Authorize Staff to advertise for bids and authorize the CAO to award the contract if the lowest responsible bid is within the Engineer's Estimate of $115,550; motion carried 4:0:1 (Romero absent). C7. INITIATION OF THE PROCESS TO CONSIDER THE ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT -OF -WAY (ABAN 62 -05: THE VILLAGE AT MAYMONT). City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. Page 7 This item was considered following item C12. C8. EXTENSION OF THE CURRENT CAL POLY TRANSIT SUBSIDY AGREEMENT. C9. ACTION: Moved by Brown/Mulholland to authorize the CAO to approve an amendment to our Cal Poly Transit Subsidy Agreement extending its tern by an additional two months; motion carried 4:0:1 (Romero absent). ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9808 (2006 Series) approving the contracts of employment between the City of San Luis Obispo and the Downtown Association Administrator and Promotions Coordinator; motion carried 4:0:1 (Romero absent). C10. APPROPRIATIONS LIMIT FOR 2006 -07. ACTION: Moved by Brown/Mulholland to adopt Resolution No. 9809 (2006 Series) establishing the City's appropriations limit for 2006 -07; motion carried 4:0:1 (Romero absent). C11. REINSTALLATION OF FLAGPOLE IN MITCHELL PARK. ACTION: Moved by Brown/Mulholland to not approve the Parks and Recreation Commission recommendation to not reinstall the flagpole in Mitchell Park at this time. Instead, approve the reinstallation of the Mitchell Park flagpole to a temporary location near the bandstand in the park, with the specific location to be determined by staff, until such time as the long -term location defined in the Mitchell Park Master Plan is properly ready; motion carried 4:0:1 (Romero absent). C12. DALIDIO RANCH: ELECTIONS CODE SECTION 9111 INPUT. ACTION: Moved by Brown/Mulholland to direct the CAO to provide staff input to the County staff regarding the effect of the proposed Dalidio Ranch initiative in the near future so that County Planning staff, County Counsel, Lenthall Committee members and the public can have added, important information available when considering the possible effects of the initiative; motion carried 4:0:1 (Romero absent). Item C7 was considered at this time. Council Member Ewan recused himself and left the Council Chamber. C7. INITIATION OF THE PROCESS TO CONSIDER THE ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT -OF -WAY (ABAN 62-05: THE VILLAGE AT MAYMONT). Council Member Mulholland referenced a communication from Mr. Mohan and explained that she had a concern regarding abandoning right -of -way when she hasn't seen the traffic mitigation studies for the development proposal at the project site. She asked that, if Council agrees to initiate the process to consider abandonment, staff be directed to bring back ' circulation and traffic studies indicating how that new development will be dealt with. City Council Meeting Page 8 Tuesday, June 20, 2006 - 5:00 p.m. Terry Mohan, San Luis Obispo, asked Council to postpone the abandonment until a traffic study is available. Additional information regarding his concerns is contained in his e-mail to Council (on file In the City Clerk's office). Vic Montgomery said that traffic studies have been completed and that no new conditions should be placed on this project since it has received all other approvals. Deputy Director Public Works Bochum confirmed that an independent traffic study was completed. He and Community Development Director Mandeville responded to questions. ACTION: Moved by Mulholland/Brown to adopt Resolution No. 9810 (2006 Series) to consider abandonment of the street right -of -way of an undeveloped portion of South Street and set a public hearing for August 15, 2006. The motion included direction to staff to include circulation/traffic studies with the August 15, 2006, agenda report; motion carried 3:0:1:1 (Ewan recused/Romero absent). Council Member Ewan returned to the dais. PUBLIC HEARINGS Mayor Romero joined the meeting by teleconference at this time. 5. ADOPTION OF 2006 -07 WATER RATES. Utilities Director Moss presented the staff report and responded to questions. Vice Mayor Settle opened the public hearing. Gary Fowler, San Luis Obispo, opposed the proposed increase. Vice Mayor Settle closed the public hearing. Council Member Mulholland said that she did not support the Nacimiento project or the increase of 8% which is attributable to participation in the project. However, because she believes the program operating costs are valid, she said she would support a 4% increase for the current upgrade. Council Member Ewan, Council Member Brown and Mayor Romero . spoke in support of the recommendation. ACTION: Moved by Ewan/Brown to adopt Resolution No. 9811 (2006 Series) rescinding Resolution No. 9686 (2005 Series) increasing water service charges by 8 %, effective July 1, 2006, and adopting revised rate increase of 12 %, effective July 1, 2006, and establishing a third tier water rate for single family residential customers using greater than 25 units per month; by a roll call vote, the motion carried 3:2 (Mulholland/Settle opposed). Mayor Romero ended his participation by teleconference at this time. 6. ADOPTION OF 2006 -07 BUDGET. CAO Hampian, Finance Director Statler and Assistant CAD Stanwvck presented the staff report and responded to questions. Vice Mayor Settle opened the public hearing. City Council Meeting Page 9 Tuesday, June 20, 2006 - 5:00 p.m. Leslie Halls. San Luis Obispo, President of the SLO Property Owners Association (SLOPOA), discussed SLOPOA's concerns regarding the City's budget, distrbuted an information sheet prepared by their consultants (The Center for Government Analysis) containing information from the consultant's report (both documents are on file in the City Clerk's office) and asked Council to take the consultant's analysis into consideration. Steve Barasch. Past President and current Treasurer of SLOPOA, reviewed the points made in the SLOPOA's information sheet referenced by Ms. Halls. Vice Mayor Settle closed the public hearing. Finance Director Statler and CAO Hampian clarified comments made by Ms. Halls and Mr. Barasch. Council Member Ewan referenced the budget reductions that have been made due to State take - aways, but pointed out that fixed costs cannot be reduced and will become a higher percentage of the budget. Council Member Brown said it is important that the public realize that the City is not providing benefits or wages that exceed the State industry norm or standard. Council Member Mulholland acknowledged the need for the Housing Manager position, but expressed concern regarding funding it with Community Development Block Grant funds. She suggested this position remain a contract position until funding is available for a full time, regular position in Community Development. ' Finance Director Statler responded that the issue of funding the Housing Manager position is different from whether it should be a contract or regular position. He explained that funding has been allocated through the 2006 -07 budget and that how it is funded should be discussed during the budget preparation in 2007. ACTION: Moved by Ewan/Brown to adopt Resolution No. 9812 (2006 Series) approving amendments to the 2005 -07 Financial Plan and appropriating funds for fiscal year 2006 -07; motion carried 4:0:1 (Romero absent). FLOOD DAMAGE ORDINANCE VARIANCE REQUEST. City Engineer Lynch presented the staff report and responded to questions. Vice Mayor Settle opened the public hearing. Gina Kirk, applicant, displayed a site plan of the proposed remodel and explained why it would not be feasible to raise the foundation of the existing house. She requested alternative language for condition 5 eliminating, the requirement to floodproof the garage and instead requiring that the electrical outlets be raised to one foot above the base flood elevation. She also requested alternative language for condition 6 to the effect that she would be required to provide a statement from a registered professional engineer or architect indicating that the existing structure is anchored to the foundation per the previous standard. City Engineer Lynch explained that condition 5, floodproofIng the garage, is for the purpose of mitigating risks to the owner, but that it is not a flood risk for the City. Therefore, staff would not oppose the revised language. She discussed Ms. Kirk's request to revise condition 6, and explained that this condition addresses seismic concerns. City Council Meeting Tuesday, June 20, 2006 - 5:00 p.m. Page 10 Vice Mayor Settle closed the public hearing. Discussion ensued during which Council Members raised questions about the City's future liability and considered in detail findings made and conditions that would apply to the variance. In response to Council, City Attorney Lowell said that the City is requiring the homeowner to provide a hold harmless agreement. He explained that as Council has weighed the facts and developed specific findings, there are immunities that would apply as a result of such exercise of discretion, and Council's decision would be legally supported. ACTION: Moved by Brown /Ewan to adopt Resolution No. 9813 (2006 Series) allowing a variance to the City's flood damage prevention regulations for 229 High Street, including revisions to conditions 5 and 6 as requested by Ms. Kirk and stated above; motion carried 4:0:1 (Romero absent). Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. 8. CONSIDERATION OF TENTATIVE MAP NO. 2787, A FIVE -UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 562 SANDERCOCK STREET (TR/ER 202 -05). Deputy Director Community Development Davidson presented the staff report and responded to questions. Community Development Director Mandeville clarified that the word "or" should have been included on condition 6, page 3, of the Planning Commission Resolution 5451 -06. Vice Mayor Settle opened the public hearing. Aaron Gannage, Los Osos, applicant's representative, said that staff's recommendation is acceptable. Vice Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9814 (2006 Series) approving a negative declaration of environmental impact and a tentative tract map for a five -unit residential condominium subdivision; motion carried 4:0:1 (Romero absent). BUSINESS ITEMS 9. 2006 WATER RESOURCES STATUS REPORT. Water Division Manaoer Henderson, Utilities Conservation Coordinator Munds, and Utilities Conservation Technician Meirik, presented the staff report and responded to questions. Council Member Brown suggested staff investigate the use of waterless urinals. Public Comments No comments were forthcoming. ' —end of public comments- City Council Meeting Page 11 Tuesday, June 20, 2006 - 5:00 p.m. Action: The report was received and filed. 10. AFFORDABLE HOUSING STANDARDS - REVISE FORMULAS FOR RENTSISALES PRICES. Deputy Director Community Development Davidson presented the staff report. He and Community Development Director Mandeville responded to questions. Public Comments No comments were forthcoming. —end of public comments — ACTION: Moved by Mulholland/Ewan to amend the Affordable Housing Standards, specifically the revised formulas for determining the maximum rents and sales process for each income group; motion carried 4:0:1 (Romero absent). COUNCIL LIAISON REPORTS Vice Mayor Settle noted Mayor Romero's report on the June 7t° San Luis Obispo Council of Governments meeting (on file in the City Clerk's office). Council Member. Mulholland reported on her attendance at the June 7`" Water Resources Advisor Committee meeting, the June 13th Downtown Association Board meeting, and the June 19 Annual Personnel Board meeting. Council Member Ewan reported on his attendance at the recent Air Pollution Control District meeting. COMMUNICATIONS Council Member Brown reminded everyone of the appreciation reception that will be held Saturday at the Maxine Lewis Memorial Shelter. There being no further business to come before the City Council, Vice Mayor Settle adjourned the meeting at 9:35 p.m. to Tuesday, July 18, 2006, in the Council Chamber, 990 Palm Street, San Luis Obispo. The meeting of July 5, 2006, was canceled. APPROVED BY COUNCIL: 07/18/06 fl Audrey Hooper City Clerk