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06/05/2001MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 5,2001- 7:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Christine Mulholland, Ken Schwartz, Vice Mayor John Ewan, and Mayor Allen K. Settle City Staff: Present: Ken Hampian, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy DeJamette, Assistant to the City Administrative Officer; Michael Codron, Associate Planner; Teri Maa; Information Systems Manager; Pam Ricci, Associate Planner; Karen Jenny, Risk Manager; Deborah Holley, Downtown Association Administrator INTRODUCTIONS Information Systems Manager Maa introduced Bev Stephen, Information Systems Technician. CONSENT AGENDA C1. MINUTES OF MAY 15, MAY 22, AND MAY 24. 2001. ACTION: Moved by Schwartz/Marx to waive oral reading of the minutes and approve as submitted; motion carried 5:0. C2. CANCELLATION OF THE AUGUST 7.2001 REGULAR CITY COUNCIL MEETING. ACTION: Moved by SchwartzJMarx to cancel the meeting of August 7,2001; motion carried 5:0. C� ACTION: Moved by Schwartz/Marx to: Approve the Promotional Coordinating Committee (PCC) recommendation to allocate $2,000 of Enhanced Promotional Funds for the marketing and promotion of the City-wide Art After Dark event, held on the first Friday of each month. 2) Approve the PCC recommendation to allocate $1,600 of Enhanced Promotional Funds to the San Luis Obispo Chamber of City Council Meeting Tuesday, June 5, 2001 - 7:00 p.m. C4. Page 2 Commerce for the production of a new compact disc containing photographs of San Luis Obispo and sent to travel writers, editors and freelance writers. 3) Authorize the Mayor to execute an agreement with Art After Dark and Amendment No. 1 to the agreement with the San Luis Obispo Chamber of Commerce; motion carried 5:0. Council Member Mulholland pulled Item No. C4 to express opposition. Public Comments: Sam Abome. Cal Poly Student Body President, and Angie Hacker, Cal Poly Student Body President Elect, asked Council to reconsider final adoption. —end of public comments— ACTION: Moved by Ewan/Marx to grant final passage to Ordinance No. 1387: motion carried 4:1 (Mulholland). C5. ZONE 9 AGREEMENT FOR REIMBURSEMENT OF STREAMBED CLEARING AND EXOTICS CONTROURE- VEGETATION PROGRAM. ACTION: Moved by Schwartz/Marx to adopt Resolution No. 9187 approving an agreement with the San Luis Obispo County Flood Control and Water Conservation District Zone 9, and authorize the Mayor to sign the agreement; motion carried 5:0. C6. CONSTRUCTION OF PHASE II RAILROAD RECREATIONAL TRAIL (RRT) SPECIFICATION NO. 99614. ACTION: Moved by Schwartz/Marx to: 1) Approve plans and specifications for construction of Phase II of the RRT. 2) Authorize staff to advertise for bids. 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $310,000; motion carried 5:0. C7. RESTRICTING CURB PARKING ON BROAD STREET. ACTION: Moved by Schwartz/Marx to adopt a Resolution No. 9188 to restrict curb parking along both sides of Broad Street from Capitolio Way to Airport Road; motion carried 5:0. C8. ACTION: Moved by SchwartzJMarx to authorize the Mayor to execute the San Luis Obispo County Integrated Waste Management Authority Memorandum of Agreement regarding Special District membership to the San Luis Obispo County Integrated Waste Management Authority; motion carried 5:0. C9. CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES, SPECIFICATION NO. 90040. ACTION: Moved by Schwartz/Marx to: 1) Award a landscape maintenance services contract to Camacho and Tennis Landscape Corporation effective July 1, 2001 1 1 1 City Council Meeting Page 3 . Tuesday, June 5, 2001 - 7:00 p.m. (annual cost: $53,100). 2) Award a landscape maintenance services contract to ' Sloscape Landscape Management effective July 1, 2001 (annual cost: $31,000). 3) Authorize the Mayor to execute the contracts; motion carried 5:0. 1 C10. EXECUTION OF A MASTER AGREEMENT AND PROGRAM SUPPLEMENTS FOR STATE - FUNDED TRANSIT PROJECTS. ACTION: Moved by SchwartzJMarx to: 1) Adopt a Resolution No. 9190 authorizing a master agreement and program supplements for state - funded transit projects. 2) Authorize the City Administrative Officer to execute this agreement and any amendments. 3) Authorize the Public Works Director to execute all Program Supplements for state - funded transit projects and any amendments required by the California Department of Transportation; motion carried 5:0. C11. PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMISSION COMPENSATION. 1. ACTION: Moved by SchwartzJMarx to adopt a Resolution No. 9189 increasing compensation for Planning Commission and Architectural Review Commission members from $25.00 to $50.00 per meeting, not to exceed $200.00 per month; motion carried 5:0. PUBLIC HEARINGS Risk Manager Jenny presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Mulholland/Marx to: 1) Adopt a Resolution No. 9191 of Intention and introduce Ordinance No. 1389 to print approving an amendment to the contract between the Board of Administration of PERS and the City of San Luis Obispo to provide the fourth level of the 1959 Survivor Benefits and military service credit as public service for miscellaneous members. 2) Approve an agreement between the Board of Administration of PERS and the City of San Luis Obispo to pool 1959 Survivor Benefits assets and liabilities; motion carried 5:0. 2. DOWNTOWN ASSOCIATION STRATEGIC BUSINESS PLAN. Downtown Association Administrator Holley and Downtown Association President Swem presented the staff report Jeffrey Eichenfield, Jeffrey Eichenfield and Associates of Berkeley, and Doug Loescher. National Main Street Center of the National Trust for Historic Preservation provided an overview of the Downtown Association Strategic Business Plan and answered Council ' questions. Although a majority of the Council voiced conceptual support and approval, some members noted that the report did not completely address parking and access Issues, the needs of citizens over 55 and downtown cultural activities. City Council Meeting Tuesday, June 5, 2001 - 7:00 p.m. There were no public comment. Page 4 ACTION: Moved by Mulholland/Schwartz to accept the San Luis Obispo Downtown Strategic Business Plan as presented and direct City staff to support the Downtown Association in its implementation, as appropriate and as funding and other resources are available; motion carried 5:0. CERTIFICATES OF APPRECIATION FOR COMMUNITY SERVICE TO SAN LUIS HIGH SCHOOL STUDENTS. Mayor Settle presented Certificates of Appreciation to San Luis Obispo Senior High School students who had completed eighty or more hours of community service. NATIONAL MANAGEMENT ASSOCIATION WEEK PROCLAMATION. Mayor Settle declared the week of June 4, 2001 to June 8, 2001 as National Management Association (NMA) week and presented a proclamation to San Luis Obispo NMA President Hamilton. HOUSING TRUST FUND PRESENTATION 1 Rachel Richardson, San Luis Obispo Supportive Housing Consortium, George Moylan, Housing Authority of San Luis Obispo, and Marianne Kennedy, San Luis Obispo County Women's Shelter, expressed the need for local funding for a housing trust to help make I available affordable housing. They hoped that the County and cities of San Luis Obispo will consider contributing to the fund. LOS RANCHOS SCHOOL CITY SIMULATION. Mayor Settle recognized the third grade classes of Suzy Will, Kathy Greer and Linda Pax, teachers at Los Ranchos School. The students are currently studying the History of the County of San Luis Obispo as well as San Luis Obispo City Government. In their classrooms students conducted a "City Simulation" where class members performed as various City officials. PUBLIC COMMENT Dave Romero, Bill Storm. Mary Beth Schroeder and Gary Fowler urged the Council to Include money in the 2002 -2003 Budget for construction of a parking lot at the Senior Center at Mitchell Park. Mary Beth Schroeder spoke in support of Ordinance No. 1387, Item # C4. Mary Beth Schroeder voiced opposition to Item #.3. Janna Nichols. Executive Director of the United Way of San Luis Obispo County, presented a certificate of appreciation to the City of San Luis Obispo employees for their contribution of over $25,000 to United Way. She noted that 55% of City employees are currently participating.in the program.- Mayor accepted on behalf of the City employees. Gary Fowler spoke in opposition to the adoption of Ordinance No. 1387, Item # C4. City Council Meeting Page 5 Tuesday, June 5, 2001 - 7:00 p.m. Sifu Kelvin Harrison reiterated complaints of harassment and discrimination. PUBLIC HEARINGS (CONTINUED) 3. NINE -LOT SUBDIVISION ENVIRONMENTAL REVIEW AND PLANNED DEVELOPMENT (PD) REZONING FOR A PROPOSED DEVELOPMENT TO INCLUDE SEVEN NEW SINGLE- FAMILY HOMES (PD/TRIER 189-00) AT 1795 MCCOLLUM. (MANDEVILLEXODRON — 45 MINUTES) Associate Planner Codron and Community Development Director Mandeville presented the staff report. Mayor Settle opened the public hearing. Hamish Marshall, representing the applicant, provided project history and spoke to the merits of the project. Dottie Conner, 216 Albert Drive, asked why there is only one outlet for the new housing proposed. Associate Planner Codron replied that staff considered the issue and determined that one is appropriate, given the number of homes in the project. Soeaking in opposition to the project: Cvdney Holcomb. Chairperson for Residents for Quality Neighborhoods (see written comments on file in the Office of the City Clerk). Carol Winger, Hay Street resident. Gordon Balla, 1740 Fredericks Street, who also expressed concerns about the removal of the septic system and other activities on the property (see written comments on file in the Office of the City Clerk). Brett Cross, Vice Chair, Residents for Quality Neighborhoods. Toney Ledford. 1706 Fredericks Street (see also written comments on file in the Office of the City Clerk). Dorothy Brunson. 1692 Fredericks Street (see also written comments on file in the Office of the City Clerk). Dale Murray. 411 Grand Avenue (also expressed concerns about the removal of the septic system and other activities on the property). Fred Sisson, co-owner of 1706 Fredericks Street. Speaking In support of the protect: Tom Kay, Vice President of the Alta Vista Neighborhood Association (see also Written comments on file In the Office of the City Clerk). Doreen Case. Board Member Alta Vista Neighborhood Association ' Norma Jones. 1646 Fredericks Street Vicki Billingsley, 998 Las Palmas Way (owns home at 1647 McCullom Street) City Council Meeting Tuesday, June 5, 2001 - 7:00 p.m. Page 6 Lacey Hobson, 1717 Wilson (speaking on behalf of her parents Larry and Missy Hobson) ' Sharon Dobson, member of Alta Vista Neighborhood Association Mayor Settle closed the public hearing. Staff addressed comments and questions regarding drainage and confirmed that the septic system was removed In accordance with City regulations. Hamish Marshall provided background about the removal of the abandoned septic system and noted that this was done in consultation with City staff and in compliance with applicable rules and regulations. He also emphasized that at no point was dirt ever put on the property next door, but rather stockpiled on the neighboring four lot subdivision (separate project also being developed by the applicant). The soil is being dealt with, there was no unauthorized grading or storage and all activities have been permitted under the other project on McCollum, he said. In -depth Council discussion followed. Council Member Schwartz voiced concerns about the Planned Development ordinance and asserted that he could not make the necessary findings to grant the rezoning. Council Member Mulholland also expressed disapproval noting that the project provided no benefit to the City, Is too dense, does not provide adequate parking and is not compatible with the existing neighborhood. Vice Mayor Ewan and Council Member Marx argued that they could make the necessary finding ( #4) in favor of approval because the project Is preferable over what could be built without the planned development (PD) overlay, is appropriate for the neighborhood and is an imaginative use of a site with a lot of constraints. Vice Mayor Ewan proposed that Condition #10 (relating to additional parking) be eliminated. A majority of the Council concurred with the suggestion to strike Condition #10. Discussion followed about a possible restriction in the Conditions, Covenants and Restrictions (CC &Rs) that would specify that bedrooms are for that purpose only. The applicant indicated a willingness to include appropriate language. Staff proposed that Condition #5 be modified to read as follows: "Garages shall be available for parking two vehicles at all times. The Conditions, Covenants and Restrictions (CC &Rs) for the project shall include a requirement that garage space be available for vehicle parking at all times, and a requirement that only rooms designated as bedrooms shall be used for sleeping purposes, to the approval of the Community Development Director and the City Attorney." Council agreed to said modification. Mayor Settle indicated_ that he could make the necessary findings and would support the recommendation. ACTION: Moved by Ewan/Marx to adopt a Resolution No. 9192 as amended, approving the proposed tentative tract map and mitigated negative declaration, and Introduce Ordinance No. 1388 rezoning the project site from R -1 to R -1 -PD, based on findings and subject to conditions of approval; motion carried 3:2 (Mulholland/Schwartz). Council requested that staff review Section 2.14 (how city calculates residential density) as part of the next zoning element update. __ City Council Meeting Page 7 Tuesday, June 5, 2001 - 7:00 p.m. 4. APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST TO ALLOW UNAUTHORIZED BEDROOM CONVERSIONS TO REMAIN (OTHER 33 -01) 1110 IRIS STREET. Associate Planner Ricci and Community Development Director Mandeville presented the staff report. Mayor Settle opened the public hearing. Michael Demaree, appellant, argued that density regulations in the City of San Luis Obispo encourage luxury size rooms and favor those of greater income. He added that the City's regulations discourage affordable housing and suggested that staff review regulations in other cities for a better model. Mayor Settle closed the public hearing. ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9193 denying the appeal, based on findings and subject to a condition (5:0). 5. CONTINUED REVIEW: PRELIMINARY 2001 -03 FINANCIAL PLAN. City Administrative Officer Hampian and Finance Director Statler presented the staff report. Mayor Settle opened the public hearing. ' Janna Nichols: Human Relations Commission Member, urged the Council to approve the Human Relations Commission's request to increase funds for grants in aid from $108,000 to $139,500. Rich Crete, Youth Sports Association, encouraged the Council to move forward with lighted ball fields. Penny Rappa, Jack House Committee member, asked the Council to consider approving the Committee's request for additional General Fund dollars for brochures and advertising for special events. City Administrative Officer Hampian asked if the funding request was one time only or annually. Ms. Rappa indicated that It would be an on -going expense. Mike Hargett, Cuesta College Board of Trustees, asked Council to consider favorably the Board's request for financial assistance for the student housing study (see request on file In the Office of the City Clerk). City Administrative Officer Hampian recommended to the Council that they agree to contribute $10,000 for the study. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Ewan to approve changes recommended by staff to the 'Preliminary 2001-03 Financial Plan (outlined on page 54 of the agenda report), as - revised, by adding $10,000 In Year 2001-02 for Cuesta College Student Housing Study and by increasing the Human Relations Commission grants -in -aid by $10,000 In Years 2001 -02 and 2002 -03; motion carried 5:0. ACTION: Moved by Marx/Ewan to Increase the Jack House budget by $5,000 in Years 2001-02 and 2002 -03 for brochures and direct staff to bring together representatives of the PCC and Jack House for the purpose of better coordinating City Council Meeting Tuesday, June 5, 2001 - 7:00 p.m. Page 8 Jack House promotion with the City's overall tourism promotion program; motion carried 5:0. By mutual agreement, Council revised the following two Capital Improvement Project narratives: 1) Prado Road Bridge and Roadway Widening Second bullet should read. Accommodate the additional traffic on Prado Road after the Prado Road extension to Broad Street (Highway 227) is completed. 2) Los Osos Valley Road Interchange Improvements First bullet add: °/Calle Joaquin" at the end of the sentence. Fourth bullet modified to read: "Evaluate flood carrying capacity in coordination with the Flood Management Study." ACTION: Moved by Mulholland/Marx to approve the City Administrative Officer's recommendation to add $17,300 to the 2001 -02 Capital Improvement Project Reserves and prepare the Preliminary financial Plan for final adoption on June 19th 2001; motion passed 5:0. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the May 16, 2001 tour of the Economic Opportunity Commission facilities. Council Member Mulholland attended Student Community Liaison Committee meeting on May 7, 2001 where the committee received a report on student community services. Council Member Mulholland updated Council on the latest California Men's Colony Citizen Advisory Committee meeting and described their tour of facility. Council Member Mulholland gave an account of the May 29, 2001 Area Agency on Aging awards. COMMUNICATIONS Council Member Marx suggested that the Council direct staff to write a letter for the Mayor's signature to Pacific Gas and Electric officials asking that they refrain from excessive pruning and unnecessary removal of Oak trees from under power lines In San Luis Obispo. Council concurred. Council Member Ewan expressed a desire to work in his professional capacity with the Utilities Director. on the Energy Policy Report. Council was supportive. Council Member Mulholland shared current information on student populations In California college towns. Cal Poly students In San Luis Obispo represent 39% of the population. She suggested that the City Council authorize the Mayor to sign a letter from the Council to the California State University System regarding the need for added student housing on campus. ._ . Council so authorized. 1 City Council Meeting Tuesday, June 5, 2001 - 4:00 P.M. Page 9 ' There being no further business to come before the City Council, Ma or ettle ad oumed the meeting at 11:56 p.m. to Tuesday, June 19, 2001 at 7: 0 p.mAn the cil Cha er, 990 Palm Street, San Luis Obispo. t� APPROVED BY COUNCIL: 61 9101 LP:mk 1 C Clerk