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HomeMy WebLinkAbout01/07/20031 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 7, 2003 - 3:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Ken Schwartz, Allen K. Settle (arrived at 3:12 p.m.), Vice Mayor Christine Mulholland and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Gil Trujillo, Acting City Attorney; Lee Price, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser, Assistant to the City Administrative Officer; Ron Munds, Utilities Conservation Coordinator; Jeff Hook, Associate Planner Hook; Barbara Lynch, Civil Engineer; Christine Cornejo, Engineering Technician; Michael Codron, Associate Planner CAO Hampian introduced formally and officially Police Chief Deborah Linden. City Clerk Price administered the Oath of Office to Chief Linden. Retired Santa Barbara County Sheriff Jim Thomas pinned on the Chief's badge. PUBLIC COMMENT Deborah Holley, Downtown Association Administrator, spoke in support of Item C6, and provided an update on the public relations campaign associated with the "Once every Hundred Years, the Century Project". CONSENT AGENDA Council Member Schwartz pulled item C2. Vice Mayor Mulholland pulled item C6. MOTION: Moved by Settle/Ewan to approve the Consent Agenda with exception of C2 and C6; motion carved 5:0. C1. MINUTES OF TUESDAY, DECEMBER 10, 2002 AND TUESDAY, DECEMBER 17.2002. ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented; motion carried 5:0. City Council Meeting Page 2 Tuesday, January 7, 2003 3:00 p.m. C2. RESOLUTION OF SUPPORT FOR ALLOCATION OF PROPOSITION 50 FUNDS FOR SAN LUIS OBISPO COUNTY. Council Member Schwartz and Vice Mayor Mulholland asked for more information about the process used for formulating recommendations and, specifically, the apparent lack of public and Council input. Natural Resources Manager Havlik provided additional background (see supplemental information on file in the Office of the City Clerk). He emphasized that the legislature, rather than the City, initiated the process by using an informal outreach effort. CAO Hamaian added that four other cities and the County have already taken action to endorse the ad hoc group's recommendations. Council Member Schwartz voiced reservations about the list of projects recommended for funding and added that the proposed allocations appear unfair and in some cases, "double - dipping". Vice Mayor Mulholland agreed but noted that she would be willing to vote in favor of endorsing the project list as long as the Council has some final say with regard to specific projects. Staff explained that this action to endorse would not lock in a specific project, but emphasized that any project selected to be funded through the grant program would be required to meet the grant criteria. Vice Mayor Mulholland stated she would not, therefore, vote to support the resolution because she does not favor the flood control project chosen for San Luis Obispo (Mid - Higuera Bypass Channel, see Exhibit A, Project List B). Council Member Schwartz urged staff to consider more carefully in the future the process used to formulate recommendations like this one. ACTION: Moved by Ewan/Settle to 1) adopt Resolution No. 9403 (2003 Series) supporting the allocation of between $15 and $18 million to San Luis Obispo County from Proposition 50 bond proceeds; and 2) authorize staff to forward this resolution to the offices of Assemblyman Maldonado and Senator McPherson; motion carried 3:2 (Mulholland/Schwartz opposed). C3. WATER REUSE PROJECT — AMEND DESIGN SERVICES CONTRACT. ACTION: Moved by Ewan /Settle to 1) approve an addendum in the amount of $45,113 to the agreement with Brown and Caldwell for design of the Water Reuse Project. 2) Appropriate $45,000 from the Water Fund unreserved working capital to the Water Reuse Project CIP Design account; motion carried 5:0. C4. LAGUNA LIFT STATION AND FORCE MAIN UPGRADE CHANGE ORDER, SPECIFICATION NO. 90006. ACTION: 1) Moved by Ewan/Settle to approve the change order for $61,200 for changes to the Laguna Lift Station and Force Main Upgrade. 2) Authorize the City Administrative Officer to execute the change order; motion carried 5:0. C5. FINANCING FOR THE ENERGY CONSERVATION PROJECT. ACTION: Moved by Ewan /Settle to adopt Resolution No. 9404 (2003 Series) preserving the City's ability to enter into a Lease Purchase Agreement for approximately $3,000,000 to design and construct the approved Energy Conservation Project; motion carried 5:0. 1 City Council Meeting Page 3 Tuesday, January 7, 2003 3:00 p.m. C6. DOWNTOWN -UTILITY PIPELINE IMPROVEMENT PROJECTS, SPECIFICATION NO.'S 90240 & 90261. Vice Mavor Mulholland expressed concern about Recommendations #2 and 4, in particular the transferring of funds leftover from one project to another, especially in light of current fiscal challenges. Public Works Director McCluskev clarified that the transfers are all within the Parking Enterprise Fund. ACTION: Moved by Ewan/Settle to 1) Approve the award to and execute a contract with Tierra Contracting, Inc. in the amount of $937,000 for "Water, Sewer and Stormdrain Improvement Project, Specification No. 90240" and authorize the Mayor to execute the contract. 2) Approve the transfer of $10,100 from the Prefumo Arm and Marsh Street Silt Removal Projects to the 90240 project account. 3) Approve the award to and execute a contract with Arthur's Construction in the amount of $628,938 for "Water and Sewer Improvement Project, Specification No. 90261" and authorize the Mayor to execute the contract. 4) Approve the transfer of $20,000 from the Railroad Square Lot Seal Project to the 90261 project account; motion carried 5:0. Al. NOMINATIONS TO THE HOUSING ELEMENT UPDATE TASK FORCE. Associate Planner Hook presented the staff report and responded to Council questions. Public Comment: Steve Delmartini. Mill Street, asked for clarification about the renter /low income householdifamily category. Staff provided the explanation. --end of public comments— Council discussion ensued. Mayor Romero recommended that the Camp SLO position (which received no nominations) be eliminated or revised. Council Member Schwartz agreed but suggested that, instead, two additional at -large members be appointed, one each from the nominations in the categories "renter /low income household/family" and "housing/banker lender ". There being no objections to this proposal, the Council agreed to appoint four individuals to the "neighborhoods" category instead of three; and four individuals to the "housing development and finance system" category instead of three. Vice Mayor Mulholland proposed that a mobile home tenant or disabled resident be included in the neighborhood category. Council Member Ewan voiced concern about further delay in getting this committee's work started. Vice Mayor Mulholland proposed, in that case, that the Council move ahead as planned but if an individual that meets this additional criteria is later nominated that they be allowed to be added to the group's membership. The City Clerk conducted an open ballot process for the Council to select one of nine individuals nominated to serve in the category of "downtown resident ". ' ACTION: Moved by Settle/Mulholland to appoint members to serve on the Housing Element Update Task Force by: 1) Accepting the nominations for twelve City Council Meeting Tuesday, January 7, 2003 3:00 p.m. Page 4 organization representatives, and 2) Appointed Andrew Carter, Anita Robinson, Gabe Garcia and Kent MacDonald as at -large members; motion carried 5:0. Mayor Romero called a break at 4:22 p.m. The meeting resumed at 4:33 p.m. BUSINESS ITEMS REVISED REGIONAL HOUSING NEEDS ALLOCATIONS. CAO Hampian provided the introduction. Associate Planner Hook presented the staff recommendations as outlined in the staff report and responded to Council questions. Associate Planner Hook confirmed that the proposed revised allocations would not have a negative impact on the City's annual growth rate cap of 1 %. Community Development Director Mandeville clarified that if we can meet our quantifiable objectives within the one percent policy we may still have to have some discussions with the State Housing and Community Development Department about what they call our "restraint to growth" (the one percent cap), which is a fundamental City value. Public Comments: Andrew Carter, 1283 Woodside Drive, urged the Council to not accept the numbers nor file an appeal but rather to reject the numbers entirely because the State's process is flawed. Mary Beth Schroeder. 2085 Wilding Lane, stated that the housing shortage was caused by unethical developers and realtors, and by students. She added that students are impactintg the neighborhoods and urged the Council to demand that the State solve their housing problems on campus. —end of public comments— Individual Council Members expressed frustration about the State's housing mandates and discussion ensued about what type of direction to give to Council Member Schwartz, the City's representative on SLOCOG, before they vote on the Revised Regional Housing Needs Allocation Plan January 8"'. Lengthy Council debate followed about whether or not the Council should "accept" or "endorse" the revised housing needs numbers, given the Council majority's opposition on record to State housing mandates. The Council was generally in agreement that the City needs to continue legislative efforts to fight for change at the State level. Acting City Attorney Truiillo summarized legal ramifications and emphasized that if the City should become the target of litigation it could lose State grant funding. Steve Devencenzi, Deputy Director of SLOCOG, clarified that there will be a thirty day period for any city or the County to accept or reject the numbers if the SLOCOG board approves the allocations. He clarified that if the City chooses to appeal the numbers, then another city or the County must accept the additional number of units. Council discussed options for registering with the State a vote in protest. Community Development Director Mandeville suggested that the Council put that on record via a letter to HCD, similar to one sent by the City of Arroyo Grande. I 1 City Council Meeting Tuesday, January 7, 2003 3:00 p.m. 2. Page 5 ACTION: Moved by Mulholland/Ewan to: 1) a) Endorse the 333 unit reduction in the City's housing need allocation based on revised jobs data as a percentage of total County employment; b) Endorse a proposed shift of 2,000 above moderate income housing units from the cities to the unincorporated County, with the understanding that this shift will respect the general plans of the County; and c) Endorse the proposal by SLOCOG staff to count Cal Poly University housing toward meeting the City's housing needs based on the inclusion of Cal Poly employment in the City's job share, and on the impact the University has on the City's overall housing supply and demand. 2) Continue to work cooperatively with all SLOCOG agencies to effect statewide legislative reform in the regional housing needs determination process and in state growth policies. 3) Direct staff to work with the Housing Element Update Task Force and the Planning Commission to prepare a housing element that can hopefully achieve state certification consistent with City General Plan goals; motion carried (5:0) ACTION: Moved by Mulholland/Settle to direct the City's representative, Council Member Schwartz, to reluctantly and under protest accept the amended SLOCOG Regional Housing Needs Plan, as adjusted; motion carried (5:0). ACTION: Moved by Mulholland/Settle to direct staff to draft for the Mayor's signature a letter of protest to the Housing and Community Development Department (similar to the one sent by the City of Arroyo Grande); motion carried (5:0) PUBLIC HEARINGS APPLICANT. Deputy Community Development Director Whisenand presented the staff report. In response to inquiry from Vice Mayor Mulholland, he explained that this issue did not go to the Cultural Heritage Committee for review and consideration, but added that individual applications will be reviewed, as appropriate, on a case -by -case basis. Mayor Romero opened the public hearing. Mary Beth Schroeder, 2085 Wilding Lane, asked the Council not to leave any loopholes that would allow bed and breakfast establishments in R -1 or R -2 zones. Leo Pinard. 714 Buchon, commented that he was happy to see that R -2 zones were not included and added that he does not believe commercializing historical homes is the best way to preserve older homes. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Schwartz, to introduce Ordinance No. 1429 (2003 Series): 1) approving a negative declaration and 2) adopting development standards for bed and breakfast establishments in the R -3, R-4, and AG zone districts, based on findings; motion carried 5:0. City Council Meeting Page 6 Tuesday, January 7, 2003 3:00 p.m. 3. A REOUEST FOR A DENSITY BONUS OF 58% TO ALLOW AN AFFORDABLE, SENIOR HOUSING PROJECT WITH 40 1- BEDROOM APARTMENTS: 2005 JOHNSON ' AVENUE. ARC 147 -02. Associate Planner Codron presented the staff report and responded to Council questions. Council Member Schwartz questioned why this matter was not taken to the Architectural Review Commission (ARC) before it came to Council. Associate Planner Codron stated the ARC doesn't have the authority to grant the density bonus. He also clarified that Council is not being asked to approve variances for setbacks requested by the applicant at this time and added that the ARC will review that request prior to it coming back to Council for final approval. Vice Mayor Mulholland asked if the Council can impose a condition for a signal al Ella/Johnson. Associate Planner Codron responded that traffic engineers currently advise that there are no warrants to install a signal at this time but Council can provide direction to staff to study that as part of the project approval process. Vice Mayor Mulholland mentioned that she would like to see the term of affordability to be in perpetuity, as opposed to thirty years. Mayor Romero opened the public hearing. Andrew Carter, 1283 Woodside, spoke in support of the project but argued in favor of a signal at the intersection of Ella and Johnson. He also voiced concern about the location of the first parking lot and suggested that parking be eliminated there so it will support, instead, a left hand turn lane. Mary Beth Schroeder, 2085 Wilding Lane, asked Council not to route traffic on Sierra Way and to put in a light at the intersection of Ella and Johnson. George Movian, Executive Director of the SLO Housing Authority, explained that the tax credit period is for fifty-five years and speculated that the property would remain affordable housing. He spoke in favor of approving the density bonus and agreed that there are traffic issues that will be addressed during the development review process. Mayor Romero asked if he would be open to moving the first parking lot due to the safety concerns expressed with ingress and egress. Movian indicated he would but noted that some trees may be lost in the process. In conclusion he added that he believes there are other design options available. Mayor Romero closed the public hearing. ACTION: Moved by SettletSchwartz to adopt Resolution No. 9405 (2003 Series) to approve the request for a density bonus, subject to Architectural Review Commission review and approval of the project; and further, directed staff and the ARC to look at the parking lot placement, the intersection of Ella/Johnson and roof design as part of the development review process; motion carried 5:0. At 6:50 p.m. Mayor Romero called a break. The meeting resumed at 7:12 p.m. PUBLIC COMMENT Kelvin B.Harrison, SLO, reiterated claims of discrimination and harrassment Klaus Schumann, 26 Hilicrest Drive in Paso Robles (on behalf of SLO Green Party), submitted an informative packet about the dangers of High Level Radioactive Waste Storage at Diablo Canyon. He noted that City involvement is essential to the health of residents and asked that the Council please read carefully the information provided. City Council Meeting Page 7 Tuesday, January 7, 2003 3:00 p.m. PRESENTATION Mayor Romero presented the "Water Awareness Year" proclamation to Utilities Director Moss and Administrative Analyst Baasch. PUBLIC HEARINGS 4. SAN LUIS GARBAGE COMPANY INTERIM YEAR SOLID WASTE RATE ADJUSTMENT APPLICATION. (MOSS/MUNDS - 20 MINUTES) Utilities Director Moss and Utilities Conservation Coordinator Munds presented the staff report. Mayor Romero opened the public hearing. There were no comments. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9406 (2003 Series) increasing solid waste rates by 2% for interim year 2003 to become effective on February 7, 2003; motion carried 5:0. 1 BUSINESS ITEMS 5. COUNCIL CONSIDERATION OF A RESOLUTION OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ BY THE UNITED STATES. Human Relations Commission Chair Nichols presented the report and recommendation. Public Comments: Speaking in support and encouraging adoption of the resolution: Tom Hutchings, 538 Felton Way, (member of the HRC; speaking as an individual) Mary Beth Schroeder. 2085 Wilding Lane Marian Mellow, 675 Lemoore, Pismo Beach Shiela Baker, 793A Foothill Blvd. Mark Phillips. 8600 Santa Lucia Rd, Atascadero Ivan Ninichick, 1 Grand Blvd, Cal Poly student Willow "Walking Turtle" Kelly. 1121 Orcutt Rd. #69, (speaking for herself and read a letter from Michael Leisure) Richard Kreisa,189 San Jose Ct Don Fielding, 899 2nd St., Grover Beach Paul Wolff, 3128 Spring Ct., (HRC member speaking as a individual) David Broadwater, 6604 Portola Rd, Atascadero Kate Schmidt, local high school senior Orval Osborne. 310 Calle Lupita Phylis Davis, 505 Jesperson Road City Council Meeting Page 8 Tuesday, January 7, 2003 3:00 p.m. Speaking in opposition: Art Murphy, 2974 Rockview Place —end of public comments — Individual Council comments followed. Council Members Settle and Ewan and Vice Mayor Mulholland spoke in favor of adopting the resolution. Council Member Schwartz spoke in opposition because he was concerned that the action might deprive national leadership a weapon that might be in our best interest. He noted that citizens do not know all the information that has caused administration to consider this action and suggested that it would be better for individuals to forward personal comments on to the President. Mayor Romero stated that international politics is not a local issue, expressed faith in the administration and explained that he has difficulty with interjecting. He added that he believes adopting the resolution will have no effect on the United States government and agreed with comments made by Council Member Schwartz. He commented that he would reluctantly vote in favor of the resolution to reflect the overwhelming support expressed by the community to date. ACTION: Moved by Settle/Ewan, as recommended by the Human Relations Commission (HRC), to adopt Resolution No. 9407 (2003 Series) opposing unilateral preemptive military action against Iraq by the United States and direct staff to forward the resolution to federal officials and state legislators, including the Governor and Lois Capps; motion carried 4:1 (Schwartz opposed). COUNCIL LIAISON REPORTS None COMMUNICATIONS None There being no further business to come before the City Pouncit Ma Romero adjourned the meeting at 8:38 p.m. to Tuesday, January 14, 200 t . 30 p. , in t e M ti- purpose Room, Laguna Middle School, 11050 Los Osos Valley Road Sa ' Obisp i 1\ Lee Price,'C.M.C. City Clerk APPROVED BY COUNCIL: 214103 LP:jo