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HomeMy WebLinkAbout05/06/2003MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 6, 2003 - 7:00 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, 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; Jill Sylvain, Personnel Analyst; Deborah Linden, Police Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Tim Bochum, Deputy Director Public Works; Michael Codron, Associate Planner; Austin O'Dell, Transit Manager; Rob Livick, Interim Supervising Engineer 1 PUBLIC COMMENT Sifu Kelvin Harrison. San Luis Obispo, reiterated claims of discrimination and harassment Mary Beth Schroeder. 2085 Wilding Lane, urged the Council to stop making zoning changes, particularly in her neighborhood. Utilities Director Moss introduced new employee, Pam Ouellette, Water Reclamation Facility Operator in the Utilities Department. PRESENTATIONS Mayor Romero presented a proclamation to Shannon Johnson, Community Health Educator with EOC Health Services, and Megan McAlain, SLO High School Student and Peer Educator through the EOC Y -CARE Program, recognizing May as Teen Pregnancy Prevention month. Mayor Romero recognized May 5th through 9t' as Employee Appreciation Week and expressed, on behalf of the Council, gratitude to all SLO City employees. CONSENT AGENDA City Council Meeting Tuesday, May 6, 2003, 7:00 p.m. Page 2 Mayor Romero introduced Jonathan Lowell, new City Attorney and publicly thanked Assistant City Attorney Gil Trujillo for acting as the City Attorney the last several months. Members of the public requested a separate discussion of Item C10. ACTION: Moved by Ewan/Settle to approve the consent agenda as recommended by the City Administrative Officer with the exception of Consent Item 10; motion carried 5:0. C1. ACTION: Moved by Ewan /Settle to waive oral reading and approve as presented; motion carried 5:0. C2. 02. ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1434 (2003 Series) amending Chapter 17.21 of the San Luis Obispo Municipal Code; motion carried 5:0. C3. POLICY FOR CITY COUNCIL MEMBER CONFLICT OF INTEREST RELATED REAL ESTATE APPRAISALS. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9445 (2003 Series) establishing a policy for the City payment of conflict of interest related real estate appraisals; motion carried 5:0. C4. C5. ACTION: Moved by Ewan/Settle to 1) approve the Request for Proposals (RFP) package, and authorize staff to advertise for proposals. 2) Authorize the City Administrative Officer to award the contract if the proposed cost is less than $50,000. 3) Authorize the use of Water Fund Working Capital to fund the project; motion carried 5:0. ACTION: Moved by Ewan/Settle to 1) approve Requests for Qualifications for On- Call Topographic Survey Services. 2) Authorize the City Administrative Officer to execute an agreement with the top selected consultants. 3) Authorize the City Administrative Officer to approve individual purchase orders; motion carried 5:0. C6. GROUNDWATER DEVELOPMENT PROJECT. ACTION: Moved by Ewan /Settle to approve request for proposals and authorize staff to solicit proposals for the Groundwater Development Project; motion carried 5:0. 1 1 City Council Meeting Page 3 Tuesday, May 6, 2003, 7:00 p.m. C7. TRICKLING FILTER 3 PUMP, PIPING AND VALVE REPLACEMENT. SPECIFICATION ' N0.90158. ACTION: Moved by Ewan /Settle to 1) approve plans and specifications for "Trickling Filter 3 Pump, Piping and Valve Replacement ", Specification No. 90158. 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $110,000; motion carried 5:0. C8. AMENDMENT TO AGREEMENT WITH ENGEL AND GRAY, INC.. FOR MANAGEMENT AND DISPOSALBENEFICIAL REUSE OF THE CITY'S BIOSOLIDS. ACTION: Moved by Ewan/Settle to approve an amendment to the agreement with Engel and Gray, Inc. (contractor), for management and disposal/beneficial reuse of the City's Biosolids for an additional two years. Authorize the Mayor to execute amendment with contractor subject to the following terms: 1) Cost of services will be $30.74 per ton biosolids removed from the Water Reclamation Facility. 2) Second year of agreement may not be increased by more than the consumer price index. 3) Contract duration of two years; motion carried 5:0. C9. ARCHEOLOGICAL SERVICES — DOWNTOWN PIPELINE PROJECTS. ACTION: Moved by Ewan/Settle to approve additional funding for the completion of archeological monitoring for the downtown pipeline projects; motion carried 5:0. C10. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT 2289, A 51 -LOT RESIDENTIAL SUBDIVISION AT FULLER RD. AND LARKSPUR STREET; R.W. HERTEL AND SONS, INC. SUBDIVIDER. Public Comments: Charles Miller, 4307 Larkspur Street, and Jean Weeks. 4303 Larkspur Street, spoke regarding Item #C-10. As homeowners in the subdivision, they expressed concerns about the developer's performance and indicated that there were numerous outstanding issues awaiting resolution. Ms. Weeks distributed photographs (copies on file in the Office of the City Clerk) depicting grading, drainage and landscaping conditions on her property, which includes an easement for public improvements. Deputy Director Public Works Bochum and Interim Supervising Engineer Livick responded. Deputy Director Public Works Bochum noted that these issues may have relationship to the public improvements. Interim Supervising Engineer Livick reported that he had done a walk - through inspection and has received as -built drawings and the necessary bonds guaranteeing all public improvements. He added that although there appears to be on -site grading issues, he is satisfied with the public improvements. Council questions followed. Acting City Attorney Trujillo clarified that the issue before the Council is the acceptance of public improvements. He encouraged the Council to rely on the staff's recommendation, unless there is new information presented. Roger Tomkins, representing the developer R.W. Hertel and Sons, reported that he was aware of some on -site problems, but not all of those that had been mentioned. He stated he will work with the homeowners toward satisfaction and believes the public improvements are acceptable. Mayor Romero asked the representative if a two -week continuance would cause a City Council Meeting Tuesday, May 6,2003,7:00 p.m. Page 4 serious hardship. Roger Tomkins indicated he was not sure what more could be gained by continuing the matter. Jean Weeks provided rebuttal comments. She noted that the Hertel representative had not returned her phone calls and reiterated that Hertel has had her "punch list" for one year. —end of public comments— Additional questions and discussion ensued. Council Member Schwartz proposed that staff assist by visiting with the homeowners on site and decide what necessary action is needed tc correct the situation. Deputy Director Public Works Bochum suggested that the Council continue the matter for two weeks to allow staff an opportunity to meet with the homeowners. C11. C12. C13. C14. ACTION: Moved by Ewan/Mulholland to continue to May 20,2003; motion carried 5:0. 1720 JOHNSON AVE. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9446 (2003 Series) approving the requested one -year time extension to file the final map for Vesting Tentative Tract Map No. 2340 (City File No. TR 4-99), based on the findings and subject to all of the original conditions and mitigation measures associated with the tentative map approval; motion carried 5:0. ACTION: Moved by Ewan/Settle to adopt Ordinance No. 1435 (2003 Series); motion carried 5:0. CITY ATTORNEY CONTRACT. ACTION: Moved by Ewan/Settle to approve a twenty-four month contract appointing Jonathan P. Lowell as City Attorney, effective May 8,2003; motion carried 5:0 TRAFFIC SIGNAL BATTERY BACKUP GRANT #2, GRANT NUMBER BBS -02K -172. ACTION: Moved by Ewan /Settle to 1) adopt Resolution No. 9447 (2003 Series) authorizing the Public Works Director to submit necessary paperwork to the California Energy Commission for $15,120.00 for funding battery backup systems at six signalized intersections Citywide. 2) Approve funding the required City match from the existing Opticom and Battery Backup (State Highway Assistance) grant funding, amount not to exceed $9,000. 3) Authorize the purchase of six additional Battery Backup Units from Meyers, Power Products, Inc. as part of Specification 90079; motion carried 5:0. C15. SAFE ROUTES TO SCHOOL GRANT. ACTION: Moved by Ewan/Settle to authorize submittal of a Safe Routes to School grant application; motion carried 5:0. 1 City Council Meeting Page 5 Tuesday, May 6, 2003, 7:00 p.m. C16. AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE FARMLAND CONSERVANCY PROGRAM (FCP) AND FEDERAL FARMLAND PROTECTION PROGRAM (FPP). Al. ACTION: Moved by Ewan/Settle to adopt Resolution No. 9448 (2003 Series) authorizing submittal of grant application to the State Farmland Conservancy Program and Resolution No. 9449 (2003 Series) authorizing submittal of grant application to the United States Department of Agriculture, Natural Resources Conservation Service in the amount of $350,000 each (for a total of $700,000), in support of the acquisition of an agricultural conservation easement on a 160 acre portion of the 391 acre Brughelli Ranch on Buckley Road south of the Airport Area; motion carried 5:0. APPOINTMENT The Council reviewed and discussed the resignation of Bob Vessely and communications received regarding the re- appointment of Jim Lopes to the Architectural Review Commission (ARC). Mayor Romero noted that the re- appointment of Mr. Lopes was approved 3:1 (Romero) on March 18�He added that he proposed that the matter be continued because Council Member Ewan was absent that evening, however, his proposal did not garner any support. He added that Council communications have been received on both sides of the issue and suggested that it was appropriate for the Council to discuss the matter. Vice Mayor Mulholland (as a member of the ARC Council Liaison Committee) reported that she had spoken with several Commissioners, including the Chair, who support the re- appointment. She referenced a letter from the ARC Chair (included in the report and on file in the Office of the City Clerk) and debated comments in Robert Vessely's letter of resignation (also on file). She stated that she firmly stands by the original subcommittee recommendation to re- appoint Mr. Lopes. Council Member Schwartz concurred and protested the fact that the matter was even being revisited. Council Member Ewan argued that he had not requested that this matter come back for Another vote, but rather had hoped the Council liaison committee would review the written comments received to -date and develop some kind of recommendation. He noted that he has received several complaints over the years about Mr. Lopes from members of the public, and in those cases he has encouraged: a) communication with all members of the Council, and b) application for the job. He emphasized that he is not in disagreement with Mr. Lopes' votes, but has concerns about that section of the community that feels that they are not being dealt with tactfully. It is important that Commissioners know that they are working with the public as the representatives of the City Council, he stressed, and that includes recognizing the professionalism of applicants and representatives, and further, handling issues with a certain amount of decorum and respect. Council Member Schwartz mentioned that the annual advisory body member and staff training is scheduled for June 18"' and suggested that staff emphasize in that session the final points Council Member Ewan raised. Council Member Ewan added that professional criticism should be tactful and directed at the project Council Member Schwartz agreed. City Council Meeting Tuesday, May 6, 2003, 7:00 p.m. Page 6 ACTION: On a motion by Schwartz/Mulholland. the Council received and filed the report; motion carried 5:0. The Council Subcommittee directed the City Clerk to bring back on May 20th the nomination of Greg Wilhelm to fill the unexpired term on the ARC. PUBLIC HEARINGS HOUSING AUTHORITY REQUEST FOR CONDUIT FINANCING. Finance Director Statler presented the staff report. Mayor Romero opened the public hearing. George Moylan, SLO Housing Authority, spoke In favor and responded to brief questions from the Council. Mayor Romero closed the public hearing. ACTION: Moved by Schwartz/Mulholland to adopt Resolution No. 9450 (2003 Series) allowing the Housing Authority to issue tax - exempt bonds to assist in financing their Del Rio Terrace senior apartment project; motion carried 5:0. Community Development Director Mandeville and Associate Planner Codron presented an in -depth staff report and set of recommendations. Council questions followed to the consultant, Paul Crawford (Crawford, Multari and Clarke). Mayor Romero opened the public hearing Mary Beth Schroeder, 2085 Wilding Lane, voiced opposition to mixed development in R -1 zones. Tom Swem. 570 Marsh Street, provided complimentary comments on the document and requested clarification about Table 9 on page 62. Tom Phillips, Project Manager for Marigold Center (3940 -8 Broad Street), indicated that changes proposed will make it easier to fill commercial spaces In the center. Charley Senn 178 Broad Street, encouraged the Council to provide as much flexibility as possible and to not add a level of unnecessary processing. Don't make everyone get a use permit to move into an office, he pleaded, and allow the existing Planned Development (PD) process to continue as it Is currently implemented. The "live -work / work -live" units and mixed use concepts are wonderful ideas, but may be too rigid. He concluded by commenting that he hopes the Council will make some provisions for some off - campus educational facilities in the CS zones. Mr. Senn responded to questions from the Council. Representing Unocal, Bill Almas (4592 Spanish Oaks Drive) commented that he finds the regulations more restrictive than the current ones. Unocal has 80 acres of developable land in the Airport Area, he pointed out, and proposed changes to the PD Overlay provisions wouldn't allow for the mixed uses in mind for the property. 1 City Council Meeting Page 7 Tuesday, May 6, 20037 7:00 p.m. Mayor Romero closed the public hearing. _. Staff addressed public comments: Deputy Director Community Development Whisenand clarified that recommendations to change the PD provisions of the regulations were designed to create a more simple process and provide more certainty. The CS zone will continue to allow a very broad range of mixed uses, he added. Associate Planner Codron addressed comments made regarding restrictions proposed for the "live -work / work -live" units. He explained that the intention (of not allowing renting) is that one couldn't just live there and then rent out the office portion of the building. Community Development Director Mandeville explained that a PD requires separate use permits and a master use permit would be a tool to provide for a range of uses in a particular development. In the Airport Areas Specific Plan there will be another list of uses and Unocal will have an opportunity to comment on that proposed list when the specific plan goes forward. Council discussion ensued. Council Member Schwartz suggested that floor area requirements for "live/work and workilive" units be modified by eliminating reference to square footage, adding the 30 percent requirement is sufficient. There was no objection to that change. Associate Planner Codron stated that staff will be recommending that golf courses be allowed in the public facilities zone with a use permit approved by the Planning Commission, but failed to so note. There was no objection from the Council. Note: This change, and the one proposed by Council Member Schwartz, will be made when the text and map amendments return for formal approval. ' ACTION: Moved by Ewan/Settle 1) as recommended by the Planning Commission, to adopt Resolution No. 9451 (2003 Series) approving the proposed Commercial Zoning Revisions document and a Negative Declaration of Environmental Impact for the project 2) Direct staff to return to the City Council with resolutions approving General Plan text amendments and map amendments, and ordinances approving Municipal Code text and Zoning Map amendments with the City's next batch of General Plan amendments, as recommended in the Proposed Commercial Zoning Revisions document; motion carried 5:0. Mayor Romero called a recess at 9:46 p.m. The meeting resumed at 10:00 p.m. 3. REQUEST FROM BEACH CITIES TAXI CAB TO INCREASE THEIR PICK -UP FEE. Transit Manager O'Dell presented the staff report and responded to brief questions from the Council. Vice Mayor Mulholland expressed concerns about whether or not the company has adequate insurance and has met all vehicle safety Inspections. Transit Manager O'Dell reported that staff's investigations have concluded that the cab company meets all the required standards. Mayor Romero opened the public hearing. Jeff Goldenberg, President Beach Cities Taxi Cab, assured the Council that he has adequate Insurance. Mayo, Romero closed the public hearing. City Council Meeting Tuesday, May 6, 2003, 7:00 p.m. Page 8 ACTION: Moved by Settle/Ewan to adopt Resolution No. 945212003 Series) approving request from Beach Cities Taxi Cab to increase their pick -up fees; motion carried 5:0. 4. INTRODUCTION OF AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 10.56 REGARDING SPECIAL SPEED ZONES. Deputy Director of Public Works Bochum presented the staff report and responded to questions from the Council. Sergeant LaHargoue spoke in favor of the recommendation. Staff assured the Council that all the necessary speed surveys will be complete before the new ordinance goes into effect. Mayor Romero opened the public hearing. There were no public comments. Mayor Romero closed the public hearing. ACTION: Moved by Ewan/Mulholland to introduce Ordinance No. 1436 (2003 Series) amending Chapter 10.56 of the Municipal Code to comply with State regulations set forth in the California Vehicle Code; motion carried 5:0. BUSINESS ITEMS 5. TOBACCO REGULATIONS. Acting City Attorney Trujillo presented the staff report and recommendation to direct staff to prepare an ordinance that licenses tobacco retailers. He added that federal grant money now available to the City could be lost if the City continues to be in a state of non- compliance. ' Council questions to Public Works Director McCluskey followed regarding methods to discourage smoking in the bus shelters at the City's transit transfer station adjacent to City Hall. Public Comments: Speaking in favor of adopting regulations to license tobacco retailers: Carrie Johnson, 1333 Pismo Street, (American Lung Association/Cancer Coalition Ally Andreen, SLOHS Student John Fischer, Oceano resident Paul Brown. 1214 Mariner's Cove Mary Beth Schroeder, 2085 Wilding Lane Gary Fowler, 777 Mill Street, voiced objections to tobacco licensing regulations because he does not think they will be enforceable. He noted that people can buy cigarettes via the Internet, at Indian reservations and/or military bases, and argued those sales are not licensed. He added that the reguations will place more fees and responsibility on small business owners. Richard Ferris, 365 Branch, argued that the City needs only to enforce State Law and do a better job documenting stings. —end of public comments — Council discussion followed. City Council Meeting Tuesday, May 6,2003,7:00 p.m. Page 9 ' ACTION: Moved by Settle/Ewan directing staff to prepare an ordinance that licenses tobacco retailers and return with it for Council consideration within the next ninety days; motion passed 5:0. Council took no further action on the other three regulations proposed by the San Luis Obispo County Tobacco Control Program: a) prohibition on the use of tobacco products in outdoor public areas such as parks, bus shelters and train stations; b) regulation of the location of tobacco retailers; and c) additional regulation of signage. Council did, however, ask staff to place signs discouraging smoking in the bus shelters located at City Hall. 6. ENGINEERING DEVELOPMENT REVIEW FEES. Administrative Services Manager Elliott presented the staff report. There were no public comments. ACTION: Moved by Mulholland/Schwartz to conceptually approve adjustments to engineering development review fees that will ensure 100 percent cost recovery, as required by adopted City policy and direct staff to return with a proposed fee structure for Council consideration on June 3, 2003; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Schwartz submitted a memo regarding the North County Water Forum on May 1 (memo on file in the Office of the City Clerk). Mayor Romero submitted a memo regarding the April 20 and May 1st Performing Arts Center Commission meetings (see memo on file in the Office of the City Clerk). Vice Mayor Mulholland reported on the April 29`" wrap up meeting for the 2003 Mardi Gras event. Council Member Ewan reported on the Economic Opportunity Commission (see summary of services delivered on file in the Office of the City Clerk). COMMUNICATIONS Council designated Council Member Settle as the voting delegate, and Chief Linden as the alternate voting delegate for the May 1 r special meeting of the League General Assembly. There being no further business to come before the City Council, Ma omero tl adjourned the meeting at 11:31 p.m. to Tuesday, May 20, 2003 at 6:45 p.m. ' th Co c Chamber, 990 Palm Street, San Luis Obispo. - Lee Price, M.C. City Clerk APPROVED BY COUNCIL: 5/20/2003 LP:jo