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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 17, 2003 — 6:45 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; Jonathan Lowell, 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; Wolfgang Knabe, Fire Chief;
John Moss, Utilities Director; Mike McCluskey, Public Works
Director; Paul LeSage, Parks and Recreation Director; Betsy Kiser,
Principal Administrative Analyst; Carolyn Dominguez, Accounting
Manager; Ron Combs, Interim City Arborist; Michael Codron,
Associate Planner; Ron Munds, Utilities Conservation Coordinator
CLOSED SESSION ANNOUNCEMENT
At 6:45 p.m. the Mayor called the meeting to order. The City Clerk provided the closed
session announcement
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9
Worker's Compensation Claim re Robert Espino
The City Attorney reported that the Closed Session was held and Council provided direction
to staff.
PUBLIC COMMENT
Ralph Gorton, "Just Looking Gallery" in the Mission Mall on Higuera Street, asked the Council
to consider -moving the loading zone on Higuera to another location. Council referred the
matter to staff with direction to work with the Downtown Association to come up with an
amenable solution for the property owners which include examining the possibility of
restricting hours of delivery.
Mary Beth Schroeder, 2085 Wilding Lane, voiced concerns regarding numerous street repairs.
City Council Meeting
Tuesday, June 17, 2003, 6:45 p.m.
Page 2
Deborah Holley. Downtown Association, indicated a willingness to work with property owners
in the Mission Mall to alleviate the problem. She also stated that the summer "Concerts in the
Plaza" series starts Friday and provided copies of the schedule.
Mike Leisure , 1185 Laurel Lane, stated his support for the work the Council is doing and
asked them to keep up the good work.
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATIONS TO THE ADVISORY COMMITTEE ON THE
JOINT USE OF RECREATIONAL FACILITIES (JUC).
Mary Beth Schroeder, 2085 Wilding Lane, commented that the Council is putting too much
focus on recreation.
ACTION: Moved by Settle/Schwartz to 1) appoint Ed Thoma to an unexpired term on
the JUC beginning on June 24, 2003 and expiring on March 31, 2007 and 2) appoint
Nancy Cochran to an unexpired term on the JUC beginning on June 24, 2003 and
expiring on March 31, 2007; motion carried 5:0.
A2. NOMINATION TO THE BOARD OF DIRECTORS OF THE CENTRAL COAST
COMMISSION FOR SENIOR CITIZENS (CCCSC), AREA AGENCY ON AGING.
ACTION: Moved by Romero/Settle to nominate Hosia M. Towery as the City of San
Luis Obispo's representative to the Central Coast Commission for Senior Citizens
Area Agency on Aging Board of Directors for a two -year term; motion carried 5:0.
CONSENT AGENDA
Staff withdrew Consent Item 8.
Public Comment:
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to C2, C5, C7, and C8. She
also asked questions about C9 and spoke in favor of C3.
—end—
ACTION: Moved by Schwartz/Ewan to approve the consent agenda as recommended
by the City Administrative Officer; motion carried 5:0.
Cl. APPROVE MINUTES OF TUESDAY, MAY 27, 2003 SPECIAL BUDGET WORKSHOP
MINUTES OF THURSDAY, MAY 29.2003 SPECIAL BUDGET WORKSHOP AND
MINUTES OF TUESDAY, JUNE 3.2003 REGULAR MEETING.
Council Member Schwartz noted he would abstain from voting on the Minutes of May 27and
29 due to the fact that he was absent.
ACTION: Moved by Schwartz/Ewan to waive oral reading and approve as presented
and amended; motion carried 5:0 (Schwartz refrained from voting on Minutes of May
27 and 29 due to the fact that he was absent).
C2. WATER REUSE PROJECT – HAYASHI WELL AGREEMENT.
City Council Meeting Page 3
Tuesday, June 17, 2003, 6:45 p.m.
ACTION: Moved by Schwartz/Ewan to approve agreement, in the amount of
$104,266.91, with John and Howard Hayashi to complete wells on their property and
modify the irrigation system to use the water available from the wells rather than
water diverted directly from San Luis Obispo Creek to irrigate property along South
Higuera Street; motion carried 5:0.
C3. APPROPRIATIONS LIMIT FOR 2003 -04.
ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9456 (2003 Series)
establishing the City's appropriations limit for 2003 -04; motion carried 5:0.
C4. CONCEPTUAL APPROVAL OF PROPOSED TEMPORARY PUBLIC ART PROJECT
AND ALLOCATION OF 2002 -03 PROMOTIONAL COORDINATING COMMITTEE
GRANTS -IN -AID FUNDING TO SUPPORT THE PROJECT.
ACTION: Moved by Schwartz/Ewan to 1) a) conceptually approve the temporary
public art project proposed by the Friends of Prado Day Center (Friends) and
authorize City staff and the City's ad contractor to work collaboratively with Friends,
the Downtown Association and the arts community to implement the project; b)
allocate $5,000 of the remaining 02 -03 Grants -in -Aid (GIA) funding as seed money
for the project. 2) Authorize the Mayor to execute the agreement with Friends;
motion carried 5:0.
C5. AMENDMENT TO THE COMMUNITY PROMOTIONS PROGRAM'S ADVERTISING
CONTRACT.
' ACTION: Moved by Schwartz/Ewan to 1) approve Amendment No. 5 to the
agreement with Barnett Cox and Associates (BCA) for Community Promotions
advertising services to be rendered for an additional two -month term and in an
amount not to exceed $12,000. 2) Authorize the Mayor to execute Amendment No. 5
to the agreement with BCA for Community Promotions advertising services; motion
carried 5:0.
C6. ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND
THE -SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION.
ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9457 (2003 Series)
approving an Addendum to the Memorandum of Agreement between the City and
the San Luis Obispo Police Officers' Association; motion carried 5:0.
C7. LAGUNA HILLS PLAYGROUND AND ISLAY HILL SWINGS, SPECIFICATION NO.
90272B.
ACTION: Moved by Schwartz/Ewan to 1) approve plans and specifications for
"Laguna Hills Playground Improvements and Islay Hill Playground Swings,
Specification No. 90272B," authorize the soliciting of bids and authorize contract
award by the City Administrative Officer if the lowest responsible bid is within the
Engineer's estimate. 2) Appropriate $25,000 in approved State grant revenue to the
Laguna Hills Playground project budget. 3) Approve transferring $14,000 from the
capital maintenance projects account in the Park and Landscape Maintenance
Program budget to the Laguna Hills Playground project budget. 4) Approve
transferring $27,200 to the Capital Outlay Fund completed projects account; motion
carried 5:0.
City Council Meeting
Tuesday, June 17, 2003, 6:45 p.m.
C8.
OF LIABILITY INSURANCE FOR THE PERFORMING ARTS CENTER.
ACTION: Item withdrawn at the request of staff.
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C9. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS OF TRACT 1750 (UNIT 5). A 60-
LOT- RESIDENTIAL SUBDIVISION AT SPANISH OAKS DRIVE NEAR WAVERTREE
STREET; R.W. HERTEL AND SONS, INC., SUBDIVIDER.
ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9458 (2003 Series)
accepting the public improvements and releasing the bonds for Tract 1750 (Unit 5);
motion carried 5:0.
C10. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE TRI- COUNTY
FUNDING FOR IMPROVED SALMONID HABITAT (F.I.S.H.) TEAM RELATIVE TO
FUTURE GRANT APPLICATION ACTIVITIES.
Council Member Ewan commented in support.
ACTION: Moved by Schwartz/Ewan to approve the Memorandum of Understanding
with the Tri- County F.I.S.H. Team, making the City of San Luis Obispo a full member
of this informal organization, and authorize the Mayor to sign the document; motion
carried 5:0.
C11. RESOLUTION TO JOIN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
FOR GENERAL LIABILITY INSURANCE.
Vice Mayor Mulholland. asked if appointments to the Joint Powers Authority would be made
as a part of this action. Staff indicated that the appointments will be made at a later date.
ACTION: Moved by Schwartz/Ewan to adopt Resolution No. 9459 (2003 Series)
approving membership in the general liability program of the California Joint
Powers Insurance Authority; motion carried 5:0.
C12. TRICKLING FILTER 3 PUMP, PIPING AND VALVE REPLACEMENT, SPECIFICATION
NO. 90158.
ACTION: Moved by Schwartz/Ewan to 1) award a contract in the amount of $117,748
to Special Service Contractors for "Trickling Filer 3 Pump, Piping & Valve
Replacement ", Specification No. 90158. 2) Authorize the Mayor to execute the
contract. 3) Approve transfer of $135,000 from the Major Equipment Maintenance
Account to the project account; motion carried 5:0.
C13. ADDITIONAL WATERLINE INSTALLATION TO DOWNTOWN WATERISEWER LINE
PROJECT, SPECIFICATION NO. 90240.
ACTION: Moved by Schwartz/Ewan to 1) approve a change order replacing a failing
waterline on Chorro Street from Palm to Monterey to the "Water, Sewer and
Stormdrain Improvement Project, Specification No. 90240"; and 2) Approve
transferring a total of $82,800 from the balance in the Utilities Department water
distribution system improvements, old account ($57,926.11) and from Utility
Department working capital account ($24,873.89); motion carried 5:0.
City Council Meeting Page 5
Tuesday, June 17, 2003, 6:45 p.m.
PUBLIC HEARINGS
1. APPEAL OF THE TREE COMMITTEE DECISION l
Interim City Arborist Combs presented the staff report and recommendation.
Mayor Romero opened the public hearing.
Victoria Drath, 313 Patricia Drive (tenant representing the appellant), provided brief comments
in support of the request to remove the tree.
Mayor Romero closed the public hearing.
Council questions and comments followed.
ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9460 (2003 Series)
denying the appeal of the Tree Committee's decision to deny the removal request at
313 Patricia Drive; motion carried 5:0.
2.
Associate Planner Codron presented the staff report and recommendations, as revised
(provisions relating to limitations on floor area and general retail uses in the Neighborhood
Commercial (C-N) zones and Table 9 of Attachment 5). There were no objections to the
changes proposed by staff.
Mayor Romero opened the public hearing.
Dan Lemburo, 560 Higuera, summarized recommendations for modifications to regulations
regarding Neighborhood Commercial (C-N) zoning outlined in his written communications to
the Council (letters on file in the Office of the City Clerk).
Mary Beth Schroeder, 2085 Wilding Lane, spoke in opposition to changing the General Plan,
encouraging mixed uses and making changes to neighborhoods.
Mayor Romero closed the public hearing.
Council Member Schwartz commented on the list of uses for the C -N zone suggested by Mr.
Lemburg. Staff recommended that the Council accept retail sales and repair of bicycles,
photocopy services and quick printers, convenience and neighborhood grocery stores, and
specialty food stores. The staffs recommendation was accepted.
Council Member Schwartz proposed a change to Attachment 3 (draft resolution) concerning
language about parking in C-N zones. Discussion ensued. No change was agreed upon.
Council Member Schwartz voiced disapproval of provisions regarding Planned
Development Overlay Zones outlined in Attachment 5 (draft ordinance) and recommended
that no action be taken on that part of the Code at this time. He asserted that there are no
comparisons to the old planned development ordinance and this new language lacks the
latitude for creativity, has no incentives for developers and provides no advantages to the
City Council Meeting
Tuesday, June 17, 2003, 6:45 p.m.
Page 6
City. Staff pointed out that density bonus provisions remain, but are included in another
area of the Code. It was suggested that the Code be cross - referenced to assist the public.
Vice Mayor Mulholland proposed the following amendment to Attachment 5 (page 4 of the
draft ordinance):
A.1. A minimum of 25 percent of the residential units within the project are affordable to
households of very low, low or moderate income;
The amendment was accepted.
Vice Mayor Mulholland voiced concerns about floor area requirements for livetwork and
work/live units. Following discussion, the Council by motion (made by Settle, seconded by
Ewan) unanimously agreed to modify design standards for live/work and work4ive units
(Exhibit F of the draft ordinance) as follows:
EA. Floor area requirements. The minimum net total floor area of a live /work or
work/live space shall be 1,000 square feet. No more than 30 percent shall be reserved
exclusively for living space. All floor area other than that reserved for living space shall
be reserved and regularly used for working space.
Council Member Schwartz indicated that he would vote in favor of the staff
recommendation, but registered, for the record, disapproval of Exhibits C, D and E to
Attachment 5 (draft ordinance).
ACTION: Moved by Mulholland/Ewan to 1) Adopt Resolution No. 9461 (2003 Series)
establishing the Community Commercial land use designation and approving a
General Plan Land Use Map Amendment designating certain property within the City
as Community Commercial. 2) Adopt Resolution No. 9462 (2003 Series) approving
minor changes to the General Plan Land Use Element text in order to insure
consistency between the General Plan and the Zoning Regulations. 3) Introduce
Ordinance No. 1437 (2003 Series) rezoning certain property in the City to
Community Commercial (C-C) and establishing the Downtown Commercial (C -D)
zoning district. 4) Introduce Ordinance No. 1438 (2003 Series), as amended,
amending the text of the City's Zoning Regulations with changes to the City's
commercial development standards such as new land use definitions and a revised
land use matrix of allowable uses; motion carried 5:0.
Mayor Romero called a break at 9:20 p.m. At 9:35 p.m., the meeting resumed.
3. 2003 -2005 FINANCIAL PLAN
A. ADOPTION OF FEE AMENDMENTS.
Finance Director Statler presented the staff report. Council questions regarding the
proposed appeal fee followed and discussion ensued. A majority of the Council supported
adopting an appeal fee with the provision that an appellant would pay an appeal fee one
time only, even if the appeal goes to a higher level.
Mayor Romero opened the public hearing.
Mary Beth Schroeder. 2085 Wilding Lane, complained about higher fees and rates. 1
City Council Meeting
Tuesday, June 17, 2003, 6:45 p.m.
Page 7
Patricia Wilmore. Chamber of Commerce, expressed concern about increased cost recovery
for planning services (see the Board's correspondence to the Council on file in the Office of
the City Clerk).
Mayor Romero closed the public hearing.
Vice Mayor Mulholland suggested that the $200 appeal fee recommended by staff is too
high and proposed that it be set at $100. Council Members Settle and Ewan concurred.
ACTION: Moved by Mulholland/Settle to set the appeal fee at $100; motion carried
5:0
ACTION: Moved by Mulholland/Settle to Adopt Resolution No. 9463 (2003 Series)
amending the City's master fee schedule, as amended, and setting sewer service
rates; motion carried 5:0.
B. INCREASING THE SOLID WASTE FRANCHISE FEE FROM 6% TO 10 %.
Utilities Director Moss presented the staff report.
Mayor Romero opened the public hearing. There were no comments. Mayor Romero
closed the public hearing.
ACTION: By Schwartz/Mulholland 1) Introduce Ordinance No. 1439 (2003 Series)
amending the Solid Waste, Residential Curbside Recycling and Green Waste
Collection Franchise Agreements with San Luis Garbage Company to increase the
franchise fee from 6% to 10 %. 2) Adopt Resolution No. 9464 (2003 Series)
increasing solid waste rates by 4.44% to support the increase in franchise fee from
60/6 to 10 %; motion carried 5:0.
C. ADOPTION OF 2003 -05 FINANCIAL PLAN AND 2003 -04 BUDGET.
CAO Hamoian provided background. Finance Director Statler summarized changes made
by the Council to the budget document, as a result of several previous meetings and
actions by the Council.
Mayor Romero opened the public hearing. There were no public comments. Mayor Romero
closed the public hearing.
Vice Mayor Mulholland noted that the City has $500,000 available for open space
acquisition and suggested that the amount would be sufficient for the first year of the
financial plan. She recommended that the Council set aside $100,000 for the second year.
Council discussion in favor ensued. Finance Director Statler clarified that the $100,000
would have to come out of the Capital Improvement Project Reserve, which would reduce
by $100,000. There was no objection.
ACTION: Moved by Mulholland/Settle to budget in the second year of the financial
plan $100,000 for open space acquisition; motion carried 5:0.
Council Member Ewan suggested that the work program for the parking garage at Palm and
Nipomo include an evaluation of mitigations for future westward expansion of the
' downtown parking zone, replacement of surface parking downtown and preserving housing
in the downtown. Council Member Schwartz added that staff should also look at the
parking lot at Higuera and Nipomo for possible housing/retail development.
City Council Meeting
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Page 8
The Council agreed to modify the project objectives by adding: "Examine the potential for
the reuse of surface parking lots for housing and/or commercial needs ".
4.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9465 (2003 Series)
approving the 2003-05 Financial Plan and 2003 -04 Budget, as amended; motion
carried 5:0.
BUSINESS ITEMS
This item was removed from the agenda at the request of the grant applicant (see memo on
file in the Office of the City Clerk).
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the San Luis Obispo Council of Governments/San
Luis Obispo Regional Transit Authority meeting on June 4th (see report on file in the Office
of the City Clerk).
Vice Mayor Mulholland reported on the Water Resources Advisory Committee meeting on
June 4 , the Mass Transportation Committee meeting on June 11'", and the Jack House
Committee meeting on June 11"'.
COMMUNICATIONS
None.
There being no further business to come before the City Council, Mayor Romero pAjournec
the meeting at 10.37 p.m. to Tuesday, July 1, 2003 at 7:00 p.m. in the Council C am r, 990
Palm Street, San Luis Obispo.
Lee Price,
City Clerk
APPROVED BY COUNCIL: 7/112003
LP:jo
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