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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 18, 2003 - 3:45 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; Monica Moloney, Human
Resources Director; 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; Gary Henderson, Water
Division Manager; Tyler Corey, Associate Planner; Jeff Hook,
Associate Planner; Pam Ricci, Senior Planner
CLOSED SESSION
At 3:45 p.m., the Mayor called the meeting to order. City Attorney Lowell provided the
Closed Session announcement as follows:
LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95
Workers' Compensation Claim Regarding Mark E. Williams
At 4:00 p.m, City Attorney Lowell reported that the Closed Session was held and that there
was no reportable action.
Public Works Director McCluskey introduced new employees in the Public Works Department
as follows: Carmen Leyva, Associate Engineer, Jake Hudson, Traffic Engineering Assistant,
Martin Van Maanen, Maintenance Worker in the Streets Division, Glen Morgan, Heavy
Equipment Mechanic in the Fleet Division.
Finance Director Statler introduced April Richardson, new Accounting Assistant in the
Finance and Information Technology Department.
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Tuesday, November 18, 2003, 3:45 p.m.
PUBLIC HEARINGS
I. CONSIDERATION OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH
EXCEPTIONS TO LOT AREA, WIDTH AND DEPTH, 1530 AND 1570 PENNY LANE
(LLA 113 -03).
Community Development Director Mandeville presented the staff report and responded to
brief questions from the Council.
Mayor Romero opened the public hearing.
Applicant John Koch, 67 South Street, spoke to the merits of the application and presented a
petition signed by the following residents in support:
Mark Bindner, 1563 -1565 Penny Lane
Larry Hollis, 1513 Penny Lane and 1235 Buchon
Lou and Sue Carping, 1227 Buchon Street
Eric and Cynthia Meyer. 1234 and 1242 Buchon, 1241 and 1253 Pismo ,
Mary Ellen Gibson, 1257 Buchon
Stephan Lamb, 1257 Buchon
Janice Fraser, 1516 Penny Lane
Ben and Diana Wells, 1525 Johnson Ave.
Sibyl Hanson, San Luis Obispo
Speaking in support of the lot line adjustment:
Brad Issacs, 598 Mitchell Dr.
Paul Buscher, 5805 San Luis Obispo
Eric Meyer, 1253 Pismo
Mary Ellen Gibson, 1251 Buchon. She also expressed concern about vibrations from the
nearby rail and suggested that appropriate consideration be given during the design and
construction of the home.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9504 (2003 Series)
approving a lot line adjustment, with exceptions to the Subdivision Regulations,
based on findings and subject to conditions; motion carried 5:0.
2. CONSIDERATION OF THE HUMAN RELATION COMMISSION'S .
RECOMMENDATIONS AND PRIORITIES FOR THE 2004 CDBG PROGRAM.
Community Development Director Mandeville and Associate Planner Hook presented the
staff report. Human Relations Commission Chair Nichols responded to Council questions
regarding the changes to the priorities proposed.
Mayor Romero opened the public hearing.
George Movlan, Director of SLO Housing Authority, spoke in support of establishing a higher
priority for emergency shelter for the homeless. He also commented that it is time to start
planning for the ultimate removal of the modular units which are now being used at the
Homeless Shelter because they are old and need on -going maintenance and repairs. He
suggested that the Council consider combining Priorities #2 and 3. In response to inquiry, he
City Council Meeting Page 3
Tuesday, November 18, 2003, 3:45 p.m.
noted that the State defines "seniors" as those 55 years or older. The Federal government's
definition is 62 or older, he added.
Mayor Romero closed the public hearing.
Council discussion ensued. Human Relations Commission Chair Nichols indicated she had
no objection to combining Priorities #2 and 3, but added that the Human Relations
Commission merely wanted to call attention to the needs of low- income seniors.
Vice Mayor Mulholland expressed an interest in dropping "youth recreational
opportunities" from Priority #6 (now #5) because programs are readily available. She spoke
in favor of maintaining "childcare" as an important need. Council Member Ewan suggested
that the priority, as written, is broad enough to cover a variety of programs. Others agreed.
By mutual agreement, the Council made the following amendment to the priorities:
Combine Priorities #2 and 3 and re- phrase the statement to read: "Enhance or
develop housing for low and very low income residents, including seniors."
ACTION: Moved by Settle/Ewan to establish the Community Development Block
Grant (CDBG) funding priorities, as amended, for the 2004 CDBG Program; motion
carried 5:0.
BUSINESS ITEMS
3. PRELIMINARY DESIGN REPORT FOR WATER TREATMENT PLANT MASTER PLAN
IMPROVEMENTS.
Consultants Dean Rubinson and Ron Henderson. Black and Veatch, and Water Division
Manager Henderson presented the report. Questions from the Council followed.
Public Comments
Mary Beth Schroeder. 2085 Wilding Lane, spoke in objection to big spending and expansion
because it is growth- inducing.
—end of. public comments —
Favorable comments by individual members of the Council followed.
ACTION: Moved by Settle/Mulholland to 1) approve the project components
recommended for inclusion in the final design of improvements for the Water
Treatment Plant Improvement Project. 2) approve the amendment to the contract
with Black and Veatch for Phase II services for the design of the recommended
improvements at the Water Treatment Plant for an additional amount not to exceed
$519,680. 3) Authorize the Utilities Director to approve additional compensation for
an amount not to exceed $53,029. 4) Authorize the transfer of $375,109 from Water
Fund Working Capital to the project account; motion carried 5:0.
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Tuesday, November 18, 2003, 3:45 p.m.
4. STENNER CANYON HYDROELECTRIC FEASIBILITY STUDY.
Consultant Paul Kneitz, Black and Veatch, and Water Division Manager Henderson
presented the report. Council Member Ewan asked if the generator was in good condition
or if it would need replacement. Water Division Manager Henderson indicated that he
believes the generator is in good shape, but if not it will be replaced.
There were no public comments.
ACTION: Moved by Ewan /Mulholland to 1) receive and file the Stenner Canyon
Hydroelectric Facility Feasibility Study. 2) Endorse further evaluation of Alternative
2B relative to reactivation of the Stenner Canyon Hydroelectric Facility. 3) Approve
amendment to contract with Black and Veatch for additional analysis and project
support for an amount not to exceed $27,255 (included as Task 730 of Amendment 1
to contract with Black and Veatch for Phase II services for the Water Treatment
Plant Improvement Project, separate agenda report). (See Business Item #3);
motion carried 5:0.
Mayor Romero called a break at 6:03 p.m. The meeting resumed at 7:00 p.m.
PUBLIC COMMENT
Gary Fowler, 777 Mill Street, urged the Council to not proceed with the acquisition of the
Ahearn Ranch open space, or any other open space, until such time as the City has adequate
funding to ensure adequate maintenance and patrolling.
William Nulton,1625 Gathe Dr., expressed appreciation to the Laguna Lake Ladies and Mens
Golf Clubs, the City of SLO, and Todd Bunte, Laguna Lake Golf Course Manager, for the
installation of the American Flag at the golf course in memory of those lost on September 11,
2001.
Sifu Kelvin Harrison, San Luis Obispo, reiterated claims of discrimination and harrasment.
Mary Beth Schroeder, 2085 Wilding Lane, criticized the Council for recent land use decisions
and for spending City funds on consultants.
APPOINTMENT
Al.
CAO Hamaian provided the report and recommendation to designate two City Council
members to represent the City at future meetings of the US -CSU Coalition.
ACTION: Moved by Settle/Mulholland to designate the Mayor and Council Member
Ewan to represent the City at future meetings of the US -CSU Coalition; and
appointed Vice Mayor Mulholland as the alternate; motion carried 5:0.
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City Council Meeting
Tuesday, November 18,2003,3:45 p.m.
CONSENT AGENDA
Public Comments:
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Arnold Jonas, 2437 Cumbre Court (on behalf of members and officers of the SLO Railroad
Museum), spoke in support of approving Item C5 (freight house rehabilitation), but expressed
concern about the time it may take to complete the project. He explained that his group will
be coming to the Council in the near future to make a recommendation regarding the project
and added that he hopes that the Council will be receptive to the amendments proposed that
may allow the project to be completed sooner.
Mary Beth Schroeder, 2085 Wilding Lane, opposed Item C2 because it looks like the City is
spending more money.
—end of public comments—
Vice Mayor Mulholland expressed concern about tapping into the Capital Improvemen Plan
(CIP) Reserve to pay for expenditures outlined in Items C4, CS and C6. She noted that she
would not be supporting C4 (Orcutt Road Median) and suggested that the project be deferred.
Council Member Settle argued in favor of moving ahead with all of the projects because they
involve grant funding. CAO Hampian emphasized that all three projects have prior Council
direction to proceed and grant funding. He added that by approving $75,000 from the CIP
Reserve, it will leverage 700,000 in grant funding, and assured the Council that there will still
be sufficient money in the reserve.
' Mayor Romero and Council Member Ewan spoke in favor of approving all three projects, as
proposed.
ACTION: Moved by Settle/Ewan to approve the consent agenda as recommended by
the City Administrative Officer; motion carried 5:0 (Note: Vice Mayor Mulholland voted
No on Item C4).
C1. APPROVE MINUTES OF TUESDAY, NOVEMBER 4.2003 REGULAR MEETING.
ACTION: Moved by Settle/Ewan to waive oral reading and approve as presented;
motion carried 5:0.
C2. FLEET MANAGEMENT POLICY REVISIONS.
ACTION: Moved by Settle/Ewan to adopt Resolution No. 9505 (2003 Series)
amending Financial Management Manual Section 405 regarding fleet management;
motion carried 5:0.
C3. BUS MAINTENANCE FACILITY IMPROVEMENT: BUS WASH SPECIFICATION NO.
99601 B.
ACTION: Moved by Settle/Ewan to 1) approve the plans and specifications for "Bus
Maintenance Facility Improvement: Bus Wash; Specification No. 99601 B ", authorize
the soliciting of bids. 2) Authorize contract award and final bid alternate
prioritization by the City Administrative Officer if the lowest responsible bid plus
accepted deductive bid alternates is within the Engineer's Construction Cost
City Council Meeting
Tuesday, November 18, 2003, 3:45 p.m.
C4.
C5.
C6.
C7.
C8.
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estimate. 3) Cover estimated project costs by appropriating $133,000 from the
unappropriated balance of the Transit Fund; motion carried 5:0.
ORCUTT ROAD MEDIAN WATER IMPACT FEE.
ACTION: Moved by Settle/Ewan to 1) transfer $8,259 from the CIP reserve to pay the
water impact fee for the median landscaping project on Orcutt Road near the
intersection with Broad Street; motion carried 4:1 (Mulholland opposed).
SOUTHERN PACIFIC RAILROAD FREIGHT WAREHOUSE REHABILITATION — PHASE
1, SPECIFICATION NO. 90106.
ACTION: Moved by Settle/Ewan to 1) approve plans and specifications for the
"SPRR Freight Warehouse Rehabilitation — Phase 1 ", Specification No. 90106. 2)
Authorize staff to advertise for bids and authorize the City Administrative Officer to
award the contract for Phase 1 if the lowest responsible bid is within the engineer's
estimate of $247,150. 3) Appropriate $48,575 from the CIP reserve account to the
project account to satisfy the local match requirement for a Federal Transportation
Enhancement Activities grant; motion carried 5:0.
ACTION: Moved by Settle/Ewan to 1) adopt Resolution No. 9506 (2003 Series) that:
a) Directs the City Administrative Officer to submit an application to Caltrans for a
$225,000 Bicycle Transportation Account (BTA) grant to pay for proposed
alternations to the Jennifer Street Bicycle and Pedestrian Bridge; and, b) Certifies
that local match funding will cover ten percent of the total project cost. 2) If the
grant application is successful, approve appropriation of $25,000 from the CIP
Reserve, if funds are still available, or from the General Fund balance, to act as a
local match for the grant. 3) Authorize the City Administrative Officer to execute all
required grant documents; motion carried 5:0.
ACTION: Moved by Settle/Ewan to 1) approve the award to, and authorize the Mayor
to execute a contract with Applied Earthworks in the amount of $80,000 for
archeological services on the Downtown Utility Pipeline Replacement project —
January 2004, Specification No. 90245A; motion carried 5:0.
ACTION: Moved by Settle/Ewan to 1) award the contract for design of the Alrita
Pump Station Replacement Project to Boyle Engineering Corporation in the amount
of $79,969. 2) Authorize the use of up to $8,031 in additional funding for project
contingencies and incidental costs. 3) Authorize the Mayor to execute the
agreement; motion carried 5:0.
PUBLIC HEARINGS, CONTINUED
5. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A
REQUEST TO CONVERT A TWO -CAR GARAGE INTO LIVING SPACE AND
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CONSTRUCT A DETACHED TWO -CAR CARPORT AS REPLACEMENT PARKING,
1 1892 OCEANAIRE DR. (ARC 48 -03): DAVID SCHMITT, APPELLANT.
Community Development Director Mandeville presented the staff report and
recommendation. Council questions followed.
Mayor Romero opened the public hearing.
Applicant/appellant David Schmitt, Simi Valley resident, explained that he bought the home a
year ago and the garage had already been illegally converted. He discussed the features of
the lot and explained his plans to improve the property and remedy the illegal conversion. He
reported that Planning Department staff advised him to make an application for a carport but
noted that he would prefer to construct a garage. The applicant's brother, Paul Schmitt , San
Diego County resident, mentioned that plans to improve the property include elimination of
asphalt and parking in the front of the home.
Council Member Schwartz explained that the Council's action was not to look at a new or
modified project but rather to rule on whether, or not the Architectural Review Commission
(ARC) acted appropriately. Community Development Director Mandeville advised the
Council that it could, if desired, refer the matter back to the ARC.
Brett Cross 1217 Mariner's Cove (representing RON), spoke in opposition to approving the
project and in support of the ARC's a action to deny. He reported that RON's Board took a
negative position on the carport project, but hasn't seen a modified project. For that reason,
he suggested that if the Council wants to look at alternatives, the matter be referred back to
the ARC.
Mary Beth Schroeder, 2085 Wilding Lane, urged the Council to uphold the ARC's denial of the
project
Andrew Carter, 1283 Woodside Drive, asserted that building a carport is not a proper solution
to an illegal garage conversion. He asked the Council to reject the appeal and return the
matter to the ARC. He also suggested that the City implement a proactive approach to illegal
garage conversions as opposed to complaint -based investigations.
Mayor Romero closed the public hearing.
ARC Chair Stevenson responded to questions from the Council about the ARC review and
discussion. Deputy Director Community Development Whisenand indicated that an earlier
application included a different scenario with a detached garage. The applicant has
brought in a new plan with an attached garage and that has not been evaluated by staff or
the ARC.
Council Member Schwartz said that what has been presented does not suggest
neighborhood compatibility and spoke in favor of upholding the ARC denial of the project.
He proposed that the applicant be directed to go back and work with staff to develop
another architectural solution. Community Development Director Mandeville clarified that
the Council refers the project back to the ARC, the applicant would not be required to file a
new application or pay additional fees. If, however, the appeal is upheld, the applicant
would have to come back with a new application subject to more fees.
I Vice Mayor Mulholland suggested that the applicant consider adding a second story and
plant less lawn to avoid excess water use.
City Council Meeting
Tuesday, November 18, 2003,3:45 p.m.
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Council Member Schwartz urged the applicant and the ARC to consider on -site parking.
Council Member Settle suggested that the Council deny the appeal without prejudice and
refer it back to the ARC.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No..9507 (2003 Series) to
deny the appeal, and uphold the ARC's action on the subject project and refer the
matter back to the ARC without prejudice; motion carried 5:0.
6. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION (ARC) DENIAL OF A
REQUEST TO INSTALL A 50 -FOOT HIGH ILLUMINATED FLAGPOLE ON THE SOUTH
SIDE OF THE KSBY STUDIOS IN A CONSERVATION OPEN SPACE ZONE (ARC MOD
92 -03: 1772 CALLE JOAQUIN); AMERICAN LEGION POST 66, APPELLANT.
CAO Hampian provided introductory comments. City Attorney Lowell provided legal
advice. Senior Planner Ricci presented the staff report and recommendations.
Mayor Romero opened the public hearing.
Applicant/Appellant representatives (American Legion Post 66 and the Marine Corp League)
Bob Bryn, Stan Gustafson, and Robert E. Lee provided comments in support of the appeal.
Speaking in support of upholding the appeal and in favor of approving the proiect as
proposed.
Bill Pierce , Arroyo Grande resident
Donald Cross. 1217 Mariner's Cove
Tom Torgerson, Atascadero resident
William Nulton, 1625 Gathe Dr.
Sam Blakeslee 1163 Pismo Street
Blake Bolton, 1103 Seward Street
Matthew McQueenv. Cal Poly Sierra Madre dorm resident
Andrew Carter, 1283 Woodside Drive
Candis Thompson, Arroyo Grande resident/Cuesta College student
Mike Matroni, 805 Boysen Ave.
Mary Beth Schroeder, 2085 Wilding Lane
Michael Gilligan, 321 Branch Street
Frank Rowan, 248 Luneta Drive
John Muller, 1567 Cucaracha Court
Marc Brazil. 1311 Pismo Street
Gary Fowler. 777 Mill Street
Speaking in support of the recommendation to deny the appeal and upholding the ARC's
action to deny the proiect:
Dale Kinney, 2125 Florence Ave.
Adrienne Dickenson, 182 Del Norte
Mayor Romero closed the public hearing.
Mayor Romero called a break at 9:37 p.m. The meeting resumed at 9:49 p.m.
Council discussion ensued. 1
City Council Meeting Page 9
Tuesday, November 18, 2003, 3:45 p.m.
Council Member Settle expressed support for Staff's Alternative Recommendation #1 (to
uphold applicants request to install the pole at its full height of 50) because the Municipal
Code does not prohibit the flag at the proposed location. He commented that the Council
has some flexibility in this matter and asserted that approving the installation of the flag as
requested will not compromise open space policies.
Vice Mayor Mulholland objected because she considers the pole and foundation to be
structures and unsuitable for placing within the open space. She argued that approval
would be inconsistent with open space policies and noted that there are practical
alternatives for locating a large flagpole. She concluded that she would vote to uphold the
Architectural Review Commission action. Council Member Ewan concurred.
Council Member Schwartz expressed frustration about the timing of this application and
shared his personal view about flying the American flag. He indicated that he would
reluctantly agree to make an exception for this application, given the location of this portion
of open space (closeness to freeway) and the other structures nearby. Mayor Romero
agreed, adding that the flying of the flag has already been covered by the United States
Code and is exempted from sign regulations. He also observed that the subject property is
not "virgin" open space but rather graded vacant property next to the KSBY television
station parking lot.
Council Member Schwartz brought up the issue of maintenance of the flag and pole. He
asked that it not fall back on the City. Mayor Romero reported that the applicants have
indicated that they will provide maintenance.
ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9508 (2003 Series)
' upholding the appeal, and approving the project as submitted with a 50 -foot high
flagpole, based on findings, including findings supporting a height exception; and
further to direct that American Legion Post 66 maintain the flag in perpetuity; motion
carried 3:2 (Mulholland, Ewan opposed).
COUNCIL LIAISON REPORTS
Council Member Schwartz reported on the Downtown Association Board Meeting of
November 12 (written report on file in the Office of the City Clerk).
Mayor Romero reported on the PAC Commission meeting of November 13th (written report on
file in the Office of the City Clerk).
Vice Mayor Mulholland reported on the November 5th County Water Resources Advisory
Committee meeting, the November 12th meeting of the Mass Transportation Committee, the
November 12"' meeting of the Jack House Committee and the November 12"' Promotional
Coordinating Committee meeting.
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Council Member Ewan reported on last week's Air Pollution Control District (APCD) and
Integrated Waste Management Authority (IWMA) meetings.
Council Member Settle provided a LAFCO update. He also reported that he will represent the
Channel Counties Division of the League on the Revenue and Taxation Policy Committee and
summarized current issues.
COMMUNICATIONS
City Council Meeting
Tuesday, November 18, 2003, 3:45 p.m.
Page 10
Mayor Romero reminded Council Members of the Channel Counties Division meeting in Paso
Robles on Friday night, November 218`. 1
City Clerk Price noted that the Council would be adjourning to a special meeting on Thursday
November 20m at noon. She also mentioned that the December 2; 2003 meeting would begin
at 5:00 p.m., and further, asked Council Members to set aside the dates of Tuesday January
13, 2004 and Tuesday January 27, 2004 for special meetings to consider the Housing Element
Update.
There being no further business to come before the City Council, Mayor Rorfiero adjourned
the meeting at 10:35 p.m. to Thurday, November 20, 2003 at 12:00 p.m. in tie Co cil Hearing
Room, 990 Palm Street, San Luis Obispo. K ()
Lee Price, C.M.C.
City Clerk
APPROVED BY COUNCIL: 121=003
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