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Home My WebLink About05/01/20071 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 1, 2007 - 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Andrew Carter, Allen Settle, Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Elaina Cano, Deputy City Clerk; Shelly Stanwyck, Assistant City Administrative Officer; John Mandeville, Community Development Director; John Moss, Utilities Director; Jay Walter, Public Works Director; Michael Codron, Associate Planner; Neil Havlick, Natural Resources Manager; Kathe Bishop, Senior Administrative Analyst INTRODUCTION Public Works Director Walter introduced new Public Works employee John Webster, Transit Manager. PRESENTATIONS Mayor Romero presented a proclamation to Jessica Berry, Bicycle Coordinator, recognizing May 2007 as Bike Month and May 14 -18, 2007, as Bike to Work Week. Mayor Romero presented Myraline Morris Whitaker, President, Visitors & Conference Bureau, with a proclamation recognizing May 12 -20, 2007, as National Tourism Week. Pat Mullen. Director of Governmental Relations, made a presentation on the Pacific Gas & Electric, energy rebates given to the City. PUBLIC COMMENT No comments were forthcoming. CONSENT AGENDA ACTION: Moved by Settle/Carter to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried as indicated below. Vice Mayor Mulholland asked that item C4 be pulled from the Consent Agenda for additional discussion. Council concurred. C1. MINUTES OF APRIL 10 AND 17. 2007. ACTION: Moved by Settle/Carter to waive oral reading and approve as presented; motion carried 5:0. City Council Meeting Page 2 Tuesday, May 1, 2007 - 7:00 p.m. C2. RENEWAL OF AGREEMENT WITH CAL POLY REGARDING WATER AND SEWER RATE SETTING. ACTION: Moved by Settle /Carter to: 1) Approve and authorize the Mayor to execute the updated agreement with California Polytechnic State University regarding water and sewer rate setting. 2) Authorize the City Administrative Officer to approve and execute the memorandum of understanding with California Polytechnic Statue University regarding capacity interest in City Facilities, dated May 1, 2007, and subsequent revisions; motion carried 5:0. C3. ACCEPTANCE OF DONATION OF HAND -HELD THERMAL IMAGING DEVICE AND TRAINING. ACTION: Moved by Settle/Carter to accept the donation of a hand -held thermal imaging device and associated training from the U.S. Department of Homeland Security; motion carried 5:0. Item C4 was pulled for discussion and action after consideration of the other Consent Agenda items. C4. APPROVAL OF THE FINAL MAP FOR PHASE 1 OF TRACT 2560, 215 BRIDGE STREET — (TR 64 -03). Council concurred with City Attorney Lowell's recommendation to begin with public comment. Helene Finger, San Luis Obispo, expressed concerns regarding the easement restrictions. John Senor, San Luis Obispo, property owner spoke in support of the project. City attorney Lowell and Public Works Director Walter, addressed Ms. Finger's concerns. ACTION: Moved by Brown/Settle to adopt Resolution No. 9895 (2007 Series) approving Phase 1 of the Final Map for Tract 2560, located at 215 Bridge Street; motion carried 4:1 (Mulholland opposed). C5. ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR TOURISM ADVERTISING CONTRACTOR FOR THE COMMUNITY PROMOTIONS PROGRAM (SPECIFICATION NO. 90697). ACTION: Moved by Settle/Carter to issue a RFP for Tourism Advertising Services for the Community Promotions Program (Specification No. 90697) and return to Council with recommended advertising contractor and contract on July 5, 2007; motion carried 5:0. C6. USE OF CITY RESERVES FOR CLEAN -UP COSTS OF A HAZARDOUS MATERIAL ACTION: Moved by Settle/Carter to appropriate $47,400 from the unreserved General Fund balance to pay for clean -up costs of a hazardous materials spill at Laguna Lake; motion carried 5:0. City Council Meeting Tuesday, May 1, 2007 - 7:00 p.m. Page 3 PUBLIC HEARINGS 1. ANNEXATION OF 620 ACRES IN THE MARGARITA AREA AND AIRPORT AREA, A PREZONING ORDINANCE FOR THE MARGARITA AREA AND ENVIRONMENTAL REVIEW. CAO Hampian made introductory comments regarding the Margarita Area and Airport Area annexation process. Community Development Director Mandeville and Associate Planner Codron presented the staff report and responded to Council's questions. Mayor Romero opened the public hearing. Clint Pearce, San Luis Obispo, expressed concerns regarding the business tax. Michael Sullivan, San Luis Obispo, reviewed a letter (on file in the City Clerk's office) opposing the project and expressed concerns pertaining to the environmental review. Carol Florence, Principal Planner - Oasis Assocates, suggested that Council provide direction to staff to work towards creative financial incentives which could be a part of an individualized preannexation agreement. Susan Basham, Hanson Aggregates, discussed concerns contained in a letter she sent to Council on May 1, 2007 (on file in the City Clerk's office). Raymond Hanson, San Luis Obispo, discussed concerns regarding the definition of a drainage ditch vs. a creek on the Ferris property. Tom Martin, San Luis Garbage, spoke in support of the annexation. Ned Rogoway, Air Vol Block, opposed the annexation. Mike Wulkan, County Planning, said the County General Plan supports the annexation. Jeff Buckingham, San Luis Obispo Chamber of Commerce, spoke in support of the annexation. Terry Simons, San Luis Obispo, spoke in support of the annexation. Howard Amborix, County resident, questioned why the County was giving up the 620 acres. John French, San Luis Obispo, suggested the City look at preannexation agreements to aquire right of way for Prado Road as a condition of the annexation for certain properties. John Wallace, San Luis Obispo, recommended Council take a separate vote on the Margarita Area and Airport Area. Pat Stone, San Luis Obispo, suggested that any annexation should be on a voluntary basis. Scott Lathrop, San Luis Obispo, was opposed to the annexation. City Council Meeting Page 4 Tuesday, May 1, 2007 - 7:00 p.m. Douglas Hoffman, owner SLO Paper Company, said that he was netural to the annexation. Richard Ferris, San Luis Obispo, was opposed to the annexation. Mayor Romero closed the public hearing. Council recessed from 9:05 to 9:15 p.m. The meeting reconvened with all members present. Discussion ensued during which staff addressed questions that were raised during the public comment period. Council Member Carter. Brown and Settle and Mayor Romero spoke in support of staff's recommendation. Vice Mayor Mulholland spoke in opposition to staff's recommendation. She explained that regardless of where the City draws its boundary lines, the County will continue to create new development. However, she supports housing in the Margarita Area. ACTION: Moved by Settle /Carter to authorize an application to the Local Agency Formation Commission for the proposed annexation (Phase 1a) by taking the following actions: 1) Adopt Resolution No. 9896 (2007 Series) of intention to annex 620 acres of land in the Margarita Area and Airport Area and adopt a Negative Declaration of Environmental Impact for the project: 2) Introduce Ordinance No. 1505 (2007 Series) pre - zoning land within the Margarita Area, consistent with the Margarita Area Specific Plan; motion carried 4:1 (Mulholland Opposed). DUJIIVCoa 11 CIVIJ 2. PRESENTATION OF VOLUME BASED SEWER RATE STRUCTURE. Utilities Director Moss and Senior Administrative Analyst Bishop presented the staff report, with assistance from Sean Corn, Senior Financial Rate Analyst, HDR Engineering, Inc., and responded to questions. — Public Comments — There were no public comments. —end of public comments— ACTION: Moved by Settle/Brown to consider the final recommended sewer rate structure and implementation schedule to be included as part of the 2007 -09 Financial Plan in the May 31, 2007, sewer fund review, with final adoption of new sewer rates and proposed volume based sewer rate structure on June 19, 2007; motion carried 5:0. COUNCIL LIAISON REPORTS Mayor Romero reported on his attendance at the April 2e Nacimiento Project Commission meeting (a written report is on file in the City Clerk's office). Utilities Director Moss informed the Council that the Annual Water Report and the opt -out provisions for the Nacimiento project will be presented at a future Council meeting. , Mayor Romero also reported on his attendance at the April 19"' Student Community Liaison Committee. City Council Meeting Tuesday, May 1, 2007 - 7:00 p.m. Page 5 Vice Mayor Mulholland reported on her attendance, along with Mayor Romero, at the City University Luncheon on April 180 and her attendance on April 26"' at a forum at French Hospital. Council Member Brown reported on his attendance at the mediation between the City of San Luis Obispo and the various users of the baseball field facilities. COMMUNICATIONS Council Member Carter provided financial information regarding the proposed Palm - Nipomo parking garage (Red File memo is available in the City Clerk's Office). CAD Hampian explained that staff is in the process of drafting a Request for Proposal (RFP) for design services and further work for a parking structure at Palm - Nipomo. He said that Council Member Carter's concerns would be referred to staff during the preparation of the RFP. Vice Mayor Mulholland referred to a letter from the Service Employees International Union noting the closure of the Fresno Medi -Cal office in November 2007. City Attorney Lowell will write a letter on behalf of the Council to State Legislators in support of keeping the office open. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 11:03 p.m. to Tuesday, May 15, 2007, in the Council Chamber, 990 Palm Street, San Luis Obispo. 1 zz a- f &01 Elaina Cano Deputy City Clerk APPROVED BY COUNCIL: 06105/07 1