HomeMy WebLinkAbout10/05/2004, C1 - MINUTES TING AGENDA
DATE ITEM # C�
MINUTES
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
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 Attomey 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
HumanResourcesManager 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,Atascadera resident and soccer official,expressed concern regarding the
inadequacy of all but one of the Damon Garcia soccer fields to accommodate tournaments.
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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,
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.
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.
C1. APPROVE-MINUTES OF TUESDAY. AUGUST 31,2004 SPECIAL MEETING AND
TUESDAY;SEPTEMBER_7.2004 REGULAR MEETING.
ACTION: Moved by Mulholland/Settle to waive oral reading and approve as
corrected;motion carried 5:0.
C2. AMENDMENT NO.7 TO THE U.S.ARMY CORPS OF ENGINEERS LICENSE FOR
SALINAS RESERVOIR.
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.
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Tuesday,September 21,2004,6:30 p.m.
C3. APPROVAL OF USE OF A PORTION OF THE-FILIPP_ONI ECOLOGICAL AREA FOR
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/Mulholland 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 2nd 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.
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Tuesday,September 21,2004,6:30 p.m.
PUBLIC HEARING
1. PLANNED DEVELOPMENT(PD)AMENDMENT RELATED TO NON-GOVERNMENTAL
OFFICE SPACE AT THE WALTER BROTHERS CENTER LOCATED AT 3250 SOUTH
HIGUERA(PD-MOD 95-04).
Associate Planner Kalkowsid 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 Settle/Ewan 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.
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City Council Meeting - Page 5
Tuesday,September 21,2004,6:30 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 staffs 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 atranscript of
her comments to staff(on file in the City Clerk's office).
Kent.Tavlor: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 WiImore,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
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Tuesday, September 21, 2004,6:30 p.m.
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
Dalidio/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.
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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 CAO
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.
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Tuesday, September 21,2004,6:30 p.m.
Council Member Settle spoke in support of the recommendation, including safety
enhancement zones. He asked fora 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 to 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 SettlefEwan 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
Mavor.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 8"'Integrated Waste
Management Board meeting and the September 10 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."
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Tuesday, September 21, 2004,6:30 p.m.
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.
Audrey Hooper
City Clerk
APPROVED BY COUNCIL: 10/5/2004
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