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.
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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
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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.
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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.
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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
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