HomeMy WebLinkAbout11/12/2002J
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 12, 2002 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Ken Schwartz,
Vice Mayor Jan Howell Marx, 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; Jim Gardiner, Police Chief;
Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike
McCluskey, Public Works Director; Karen Jenny, Risk Manager; Neil
Havlik, National Resource Manager; Sue Baasch, Administrative
Analyst; Jeff Hook, Associate Planner; Mike Draze, Deputy
Community Development Director; Phil Dunsmore, Associate
Planner
CLOSED SESSION ANNOUNCEMENT
CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §
54956.8
Properties: Court Street/Palm -Morro
Negotiating Parties: City of San Luis Obispo;
Ken Hampian, Jeff Jorgensen, Allan Kotin, Herbert Weiser
Property Owner Representatives:
Tom Copeland, Robin Baggett
Negotiation: Status of Negotiations
City Attorney Jomensen announced that the closed session was conducted, at which time
Council gave further direction.
PUBLIC COMMENT
Mayor -Elect Romero. 2057 Skylark Lane, praised the Fire Department for quick and effective
response to a major structure fire at RR Square.
City Council Meeting Page 2
Tuesday, November 12, 2002 - 7:00 p.m.
George Rosenberger. County General Services, 1087 Santa Rosa, reported that construction
on the County Government Center Project will begin next week. The project is being
coordinated with the City Public Works Department and the Downtown Association. The
County is requesting to maintain the lane closure on Higuera Street and, in addition, requests
that the north -bound lane on Monterey Street be closed. The Downtown Association Board of
Directors unanimously supports the request, he reported, and suggests that the contractor be
allowed to start earlier than 7:00 a.m. (See Communications, page 10.)
Kelvin B. Harrison. San Luis Obispo, reiterated claims of harrassment and discrimination.
Sheila Baker. San Luis Obispo, and Thomas Hutchings, 538 Felton Way, requested that a
resolution opposing military action in Iraq be agendized for Council consideration (see memo
on file in the Office of the City Clerk). (See also Communications, page 10.)
Michael Helper, 842 Monterey Street, shared concern regarding street closures in the
downtown during the holidays. He asserted that there has been a lack of notice and
communication and argued that there has been no study of the financial impact to the
downtown. He encouraged the Council to consider delaying the closure of Monterey Street
until the financial impact can be studied.
Mary Beth Schroeder. 2085 Wilding Lane, urged the Council to insist that Cal Poly provide on-
campus student housing. In addition, she voiced opposition to Consent Item C6 and support
for Consent Items C7 and C8.
Deborah Holley, Downtown Association Administrator, spoke regarding the possible closure
of Monterey Street during construction and indicated that the Board agreed to form a public
relations committee to facilitate communication between the parties.
Dan Reynolds, 3874 Sunrose Lane, summarized comments expressed in writing pertaining to
the transportation analysis in the Environmental Impact Report for the Dalidio/San Luis
Marketplace Annexation (Consent Item C6). He asked if the consultant had calibrated the
analysis and argued that the analysis is insufficient He suggested that additional
intersections be included in the study. (see memo on file in the Office of the City Clerk).
Peter Brown, SLOCOG, agreed with Mr. Reynolds and spoke in support of Consent Items C13
and C14.
CONSENT AGENDA
C1. MINUTES OF TUESDAY, OCTOBER 15, 2002.
ACTION: Moved by Mulholland/Marx to waive oral reading and approve as
presented: Motion carried 4:0 (Schwartz refrained due to absence).
C2. WATERLINE REPLACEMENT PROJECT 2001 -02, SPECIFICATION NO. 90229.
ACTION: Moved by Mulholland/Marx to 1)
"Waterline Replacement Project 2001 -02."
"Waterline Replacement Project 2001 -02."
Approve plans and specifications for
2) Authorize staff to advertise for bids for
3) Authorize City Administrative Officer
to award contract if lowest responsible bid is within the engineer's estimate totaling
$801,060. Motion carried 5:0
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City Council Meeting
Tuesday, November 12, 2002 - 7:00 p.m.
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C4.
C5.
C6.
UTILITY CHEMICAL BIDS FOR 2003.
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ACTION: Moved by Mulholland/Marx to 1) Approve invitation for bids package for
2003 Water Treatment Plant and Water Reclamation Facility Chemicals,
Specification No. 90371. 2) Authorize staff to advertise for bids. 3) Authorize City
Administrative Officer to award the contract to the lowest responsible bidder(s), if
bid is within available budget. 4) Authorize City Administrative Officer to extend the
contract for an additional year if chemical cost increases are within cost of living
increase. 5) Adopt Resolution No. 9377 (2002 Series) authorizing City
Administrative Officer, in future years, to approve invitation for bids for supplying
chemicals and award of the contracts if bids are within available budget. Motion
carried 5:0
AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP).
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9378 (2002 Series)
authorizing staff to complete and submit an application for grant monies in the
amount of $250,000 from the Environmental Enhancement and Mitigation Program
(EEMP), which would be used in support of acquisition of the Ahearn property at
Stagecoach Road and Highway 101. Motion carried 5:0
ACTION: Moved by Mulholland/Marx to approve the Agreement between the City of
San Luis Obispo and United States National Park Service regarding the marking of,
and publication about, the Juan Bautista de Anza National Historic Trail as it
crosses through the City of San Luis Obispo, and authorize Mayor to sign the
Agreement. Motion carried 5:0
DEVELOPMENT PLAN.
This item was pulled for questions and comments. Council Member Mulholland expressed
concerns about traffic impacts. Mayor Settle reported that he would refrain from
discussion and action on this item due to a potential conflict of interest (owns property in
the area). Public Works Director McCluskev addressed comments made by Dan Reynolds.
He stated that the traffic model is fully calibrated and will be recalculated and verified
because of improvements on Los Osos Valley Road. He indicated that staff would be
willing to look at the list of intersections Mr. Reynolds suggested should be studied and will
add those that seem appropriate. Council referred Mr. Reynolds' memo to staff.
After discussion, Council agreed to amend the work scope by including a ten year
cumulative traffic evaluation of levels of service and circulation for all modes of
transportation.
ACTION: Moved by Ewan/Marx to a) Approve the work scope, as amended, for
' preparation of an Environmental Impact Report (EIR) for the Dalidio/San Luis
Marketplace Annexation/ Prezone/ Development Plan. b) Award the contract in the
amount of $118,116 to Rincon Consultants, Inc., contingent upon the developer
City Council Meeting
Tuesday, November 12, 2002 - 7:00 p.m.
C7
C8.
C9.
C10.
C11.
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depositing with the City the amount of the contract plus 30% for administrative and
review services (total of $153,551). Motion carried 3:1:1 (Mulholland opposed;
Settle refrained due to a potential conflict of interest).
AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE
FARMLAND CONSERVANCY PROGRAM.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9379 (2002 Series)
authorizing submittal of a grant application to the California Department of
Conservation in the amount of $275,000 in support of acquisition of an agricultural
conservation easement on a portion of the 391 acre Brughelli Ranch on Buckley
Road south of the Airport Area. Motion carried 5:0
APPROVAL OF A CONSERVATION COVENANT ON A PORTION OF THE CITY
PROPERTY AT 1095 MARSH STREET.
ACTION: Moved by Mulholland/Marx to approve a Conservation Covenant covering
a 2,500 square foot portion of the City of San Luis Obispo's property at 1095 Marsh
Street, as required by the U.S. Army Corps of Engineers in connection with certain
stream enhancements on San Luis Obispo Creek at that location, and subject to
non - substantive changes approved by City Attorney Jorgensen. Motion carried 5:0
USE OF PROMOTIONAL COORDINATING COMMITTEE (PCC) ENHANCED
PROMOTIONAL FUNDS.
ACTION: Moved by Mulholland/Marx to allocate $1,600 of Enhanced Promotional
Funds to the San Luis Obispo Arts Center for the marketing of their 2002 Pleinaire
Festival to out -of -area collectors and authorize Mayor to execute the Agreement
with the San Luis Obispo Arts Center. Motion carried 5:0
ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT.
ACTION: Moved by Mulholland/Marx to approve an agreement with San Luis
Obispo County Flood Control and Water Conservation District Zone 9 for
reimbursement of streambed clearing and exotics control/re- vegetation program
and authorize Mayor to sign. Motion carried 5:0
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9380 (2002 Series)
authorizing a correction to the amendment to the contract between the Board of
Administration of PERS and the City of San Luis Obispo to provide the 2.7% at 55
retirement formula for miscellaneous members. Motion carried 5:0
C12. TRAFFIC SIGNAL BATTERY BACKUP PROJECT— SPECIFICATION NO. 90079.
ACTION: Moved by Mulholland/Marx to 1) Approve specifications for "Traffic Signal
Battery Backup Systems, Specification No. 90079 ". 2) Authorize staff to solicit bid
for "Traffic Signal Battery Backup Systems, Specification No. 90079 ". 3) Allocate
$4,300 from the CIP Reserve account for the remaining cost of the BBS projects. 4)
Authorize City Administrative Officer to award a contract if the lowest responsible
bidder is within engineer's estimate. Motion carried 5:0
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City Council Meeting
Tuesday, November 12, 2002 - 7:00 p.m.
1 C13.
C14.
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GRANT APPLICATION FOR AN "ENVIRONMENTAL JUSTICE: CONTEXT- SENSITIVE
ACTION: Moved by Mulholland/Marx to 1) Adopt Resolution No. 9381 (2002 Series)
authorizing Community Development Director Mandeville to submit a grant
application to the State Division of Transportation for an Environmental Justice
Grant in the amount of $200,000 to fund an Area Plan Study. 2) Approve funding the
required City match in an amount not to exceed $30,000, to provide professional
services related to required CEGA studies. 3) Approve in -kind expenses from the
Community Development Department not to exceed $11,500 (5% of the total project
costs). Motion carried 5:0
CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION.
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9382 (2002 Series)
directing the City Administrative Officer to submit a BTA Grant Application to
Caltrans and enter into any required agreements for the installation of the northern
segment of the Railroad Safety Trail between Foothill Boulevard and Hathaway
Street. Motion carried 5:0
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATION TO THE PLANNING COMMISSION.
Council Member Ewan presented the report.
ACTION: Moved by Ewan/Marx to appoint Carlyn Christianson to an unexpired term
ending March 31, 2005. Motion carried 5:0
PUBLIC HEARINGS
RESOLUTION OF INTENTION AND INTRODUCTION OF ORDINANCE TO PROVIDE
3% AT 50 RETIREMENT FORMULA FOR POLICE SAFETY EMPLOYEES.
Risk Manager Jenny presented the staff report.
Mayor Settle opened the public hearing.
Mary Beth Schroeder, 2085 Wilding Lane, supported the staff recommendation.
Mayor Settle closed the public hearing.
ACTION: Moved by Manx/Mulholland to adopt Resolution No. 9383 (2002 Series) of
intention and introduce Ordinance No. 1427 (2002 Series) approving an amendment
to the contract between the Board of Administration of PERS and the City of San
Luis Obispo to provide the 3% at 50 retirement formula for police safety employees.
Motion carried 5:0
2. CONSIDERATION OF A MINOR SUBDIVISION, WITH EXCEPTIONS TO THE
Q11RnIVIS1AN RFGIILATIANS_ AT 1655 ALRITA (MS/ER 139 -021_
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Tuesday, November 12, 2002 - 7:00 p.m.
Community Development Director Mandeville and Associate Planner Dunsmore presented
the staff report.
Mayor Settle opened the public hearing.
Mike Baumberger, 106 Santa Rosa, applicant's agent processing the permit for the current
owner, requested clarification from staff about two conditions of approval relevant to the
driveway. Associate Planner - Dunsmore responded. Mr. Baumberger urged the Council to
approve the subdivision.
Sandra Rowley, 3107 Flora Street, submitted a written statement in opposition (see memo on
file in the Office of the City Clerk).
Marie Carpenter, 3100 Flora Street, expressed concerns regarding drainage and neighborhood
compatibility. She requested that the Council deny the request (See memo on file in the
Office of the City Clerk).
Pamela Crum. 1642 Alrita, also voiced opposition to the project sharing similar concerns.
Steve Delmartini. Mill Street, (clarifying that he is not the real estate agent for this property)
spoke in support of the subdivision. He argued that the Council has stated that it desires infill
development and emphasized that this project is just that. In closing, he exclaimed that there
is nothing in this project or the staff report that would call for denial.
John Edmondson, no address provided, states that the project is incompatible with the
neighborhood and noted some "suspicious" tree removals.
Mayor Settle closed the public hearing.
Staff responded to questions from the Council.
Council Member Mulholland disagreed that the project represents infill. She voiced
concerns about the depth of the lot and argued that it is not consistent with the character of
the neighborhood.
Council Member Schwartz noted that he would vote to deny the subdivision because the lot
depth exception request, if approved, would architecturally change the character of the
neighborhood.
Community Development Director Mandeville clarified that one of the conditions is to
designate this as a sensitive sight. The Architectural Review Commission will review for
compatibility. This condition is intended to minimize any conflicts with the neighborhood,
he added.
Vice Mayor Marx proposed that the matter be deferred until after the update of the Housing
Element She suggested that the property owner find a way to accomplish his goal without
exceptions.
Council Member Ewan commented in support, explaining that these types of subdivisions
work well to provide housing and are not uncommon in town. He noted that there are two
legal lots there and emphasized that the project is before the Council only because of the 1
applicant's desire to maintain the existing house. Mayor Settle concurred, adding that the
project can meet a performance standard to create infill.
City Council Meeting
Tuesday, November 12, 2002 - 7:00 p.m.
Mike Baumberger provided rebuttal comments.
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Page 7
ACTION: Moved by Mulholland/Marx to adopt Resolution No. 9384 (2002 Series)
denying the tentative parcel map; 3:2 (Settle and Ewan opposed)
Community Development Director Mandeville and Associate Planner Dunsmore presented
the staff report and responded to questions.
Mayor Settle opened the public hearing.
Applicant John Mitchell, architect(builder, provided some background about the project He
reported that the Planning Commission initially approved the project as a condominium
project but because he had rented out the units for economic reasons, he was now requesting
that the apartments be converted to condominiums. He noted that he had adequately notified
tenants when they signed rental agreements that certain conditions would have to be met.
Art Murphy. 2974 Rockview Place, said he went to the Planning Commission meeting in June
to speak in favor and noted that he continues to support the project. He likes the
owner /occupant concept and believes it will enhance the neighborhood.
Steve Frank, engineer of record for the proposed subdivision, reiterated that the Planning
' Commission unanimously approved the project as condominiums and spoke to the merits of
approval. He added that times have changed since the condominium conversion ordinance
was adopted and suggested that it may be time to revise it.
Andrew Carter, 1283 Woodside Drive, spoke in support of the approval of the condominium
conversion but noted that the builder should be penalized for violating the law for economic
compensation.
Mayor -Elect Romero, 2057 Skylark Lane, commented in favor because the developer got the
proper approvals to begin with.
Mayor Settle closed the public hearing.
Staff presented optional findings for consideration.
City Attorney Jorgensen responded to questions from the Council and clarified that the
conversion contemplates CCRs subject to City standards. He also reported that Condition
6 indicates that there will be an open space easement and the Homeowners Association will
be required to maintain it. He also provided an explanation about the intent of the current
condominium conversion ordinance and why the number of units (10) was chosen. Finally,
he advised that the additional findings provided by staff will prevent the Council's action
from setting a precedent.
ACTION: Moved by Schwartz/Settle to adopt Resolution No. 9385 (2002 Series)
approving a condominium tract and negative declaration. Motion carried 5:0
BUSINESS ITEMS
City Council Meeting Page 8
Tuesday, November 12, 2002 - 7:00 p.m.
Mayor Settle proposed that the order of the agenda be rearranged. The Council agreed to take
items #6 and #7 before #4.
6. RESOLUTION ESTABLISHING A HOUSING ELEMENT TASK FORCE.
City Administrative Officer Hampian provided an introduction and clarified that the Planning
Commission will draft the Housing Element Update and get it to the Council by the end of
2003. This task force is being recommended to provide community input in the process but
will not be a substitute for the Planning Commission's role and responsibilities in the
update process.
Community Development Director Mandeville and Associate Planner Hook presented the
staff report.
Public Comments
Mayor -Elect Romero. 2057 Skylark, supports the concept but feels that the committee might
need to meet more often then once per month to get the work done.
Andrew Carter, 1283 Woodside Drive, recommended that the committee's focus be made
more clear and indicated that they should look at ways to acquire more work -force housing.
Mary Beth Schroeder. 2085 Wilding Lane, argued that a task force is not necessary and
reiterated previously stated concerns that the housing shortage is because Cat Poly has not
provided sufficient on- campus housing for students.
Steve Barasch, 225 Prado Road, representing the SLO Property Owners Association, spoke
in support of the formation of the task force but agreed that it would be difficult for them to
tackle the issues in the timeframe suggested. He urged the Council to approve it and give it
all the staff resources possible.
Biz Steinberg, Economic Opportunity Commission, supported the concept but agreed that
there is a lot to do in a short amount of time.
Steve Delmartini, Mill Street, stated that there is nobody from the real estate industry on the
list. He suggested that the SLO Board of Realtors be provided an opportunity to appoint
someone to the task force. He also questioned why someone from Camp San Luis has
representation. Associate Planner Hook clarified that Camp San Luis may offer some
student housing opportunities.
—end of public comments —
Lengthy Council discussion ensued. By mutual agreement, the Council agreed to modify the
proposed resolution establishing the ad hoc task force, as follows:
The first "Whereas" was modified to read: "The City is updating its General Plan
Housing Element with the goals of expanding housing opportunities for very-low,
low, and moderate income households, preserving and enhancing residential
neighborhoods, and complying with state laws, Including the California
Environmental Quality Act (CEQA). "
• Paragraph 1 of Section 2 was modified to read: Review and comment on existing
housing policies and programs in an effort to expand housing opportunities for
very-low, low, and moderate income households."
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City Council Meeting Page 9
Tuesday, November 12, 2002 - 7:00 p.m.
• Section 4 was amended to require that at least two- thirds of the Task Force be
comprised of City residents.
ACTION: Moved by SettlelEwan to adopt Resolution No. 9387 (2002 Series), as
revised, establishing an ad hoc Housing Element Task Force, consistent with
direction provided at the October 1, 2002 Council meeting. Motion carried 5:0
7.
Associate Planner Hook and Human Relations Commission's Chair Nichols presented the
report. It was noted that the HRC was adding a priority, Priority #6, for health services for
very-low and low income persons.
Public Comment:
Biz Steinberg, Ecomomic Opportunity Commission, explained that there is a health care crisis
and the EOC is working in this arena. She spoke in favor of the HRC's recommendation to
include health care as a priority and noted a former joint city/county project using Community
Development Block Grant funds and matching dollars, which assisted a health care clinic a
few years ago.
end of public comments—
Council discussion followed. There was mutual agreement to eliminate Priority #6 because a
majority of the Council believes that health services should be provided by the County and
because there may not be sufficient funding to support the priority.
ACTION: Moved by Mulholland/Ewan to establish the Community Development
Block Grant (CDBG) funding priorities for the 2003 CDBG Program, as revised by
eliminating Priority #6. Motion carried 5:0
5. RECYCLED WATER PRICING POLICY.
Utilities Director Moss presented a brief staff report.
Public Comments
Andrew Carter, 1283 Woodside Drive, suggested a rate of 80% because it might provide a
greater incentive and would reflect the median throughout the state.
end of public comments —
Utilities Director Moss advised that there will be costs to cover and explained that the rate
payers will be picking up those costs. He also reported that the Council will have the
opportunity to review the rates as part of the annual rate review process.
ACTION: Moved by Ewan/Marx to adopt Resolution No. 9386 (2002 Series) setting
rates for recycled water at 90% of the potable water rate. Motion carried 5:0
4. IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT SELECTED CITY
FACILITIES.
City Council Meeting Page 10
Tuesday, November 12, 2002 - 7:00 p.m.
Due to the hour, the Council entertained the idea of postponing the item. Council Member
Ewan summarized some questions he presented earlier to the consultants and noted that
he would hope that his questions and concerns would be addressed when the matter
returns. Steve McOuerv, Regional Manager Kinetics Energy Services, responded to brief
Council questions.
By mutual agreement, the Council continued the matter until December 17 at 4:00 p.m.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the 10/16 County Water Resources Advisory
Committee meeting, the 10/24 Student Community Liaison Committee meeting, the 10128 Tree
Committee meeting, the 10128 Cultural Heritage Committee meeting, and the 11/12 Downtown
Association Board of Directors meeting.
Council Member Schwartz reported on the SLOCOG/SLORTA meeting of November 6, 2002
(see his memo on file in the Office of the City Clerk). Staff will follow up with written
comments about current SLO Transit rider -ship and route change issues.
COMMUNICATIONS
City Clerk Price requested direction regarding the Citizen Appointment to Zone 9 (see memo
on file in the Office of the City Clerk). The Council agreed to recommend to the Board of
Supervisors that John French be appointed to a two year term.
Brief discussion followed regarding the requested closure of Monterey Street by the County
during construction of the new County Government building. Council accepted the fact that
the lane will need to be closed, but doubted an earlier start work -time would be practical.
Council Member Mulholland requested the "peace" resolution opposing a war in Iraq be
placed on an upcoming agenda. The matter was referred to the Human Relations
Commission.
There being no further business to come before the City Council, Mayor P.Ifte adjourned the
meeting at 11:26 p.m. to Tuesday, November 19, 2002 at 7' m. in the to cil Chamber, 990
Palm Street, San Luis Obispo. _ /
Lee PrW,
City Clerk
APPROVED BY COUNCIL: 121312002
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