HomeMy WebLinkAbout02/17/20041
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ROLL CALL:
Council Members
Present:
Absent:
City Staff:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 17, 2004 - 4:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Council Members John Ewan (arrived 7:30 p.m.), Christine
Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz and Mayor
Dave Romero
Council Member Ewan (early session only)
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; Deborah Linden, Police Chief;
Mike McCluskey, Public Works Director; Jay Walter, City Engineer;
Barbara Lynch, Assistant City Engineer; Shelly Stanwyck, Economic
Development Manager; Phil Dunsmore, Associate Planner
Water Division Manager Henderson and Waste Water Treatment Plant Division Manager Hix
introduced the following new employees in the Utilities Department: Dan Silveira, Water
Treatment Operator and Ernie Redman, Waste Water Reclamation Operator.
Mayor Romero presented the Employee Suggestion Award to Andrew Collins, Building
Maintenance Technician, assigned to the Swim Center, who suggested a revision to the
chemical treatment system at the pool that saved the City $6,000 for the first year.
CONSENT AGENDA
Mayor Romero pulled CS. Council Member Mulholland indicated she would be voting No on
C3.
C1.
ACTION: Moved by Settle/Schwartz to approve the consent agenda, with the
exception of Item CS, as recommended by the City Administrative Officer;motion
carried 4:0
ACTION: Moved by SettletSchwartz to waive oral reading and approve as
presented; motion carried 4:0.
City Council Meeting Page 2
Tuesday, February 17, 2004, 4:00 p.m.
C2. PILOT PLANT STUDY FOR NEW SEDIMENTATION PROCESS AT THE CITY'S
WATER TREATMENT PLANT.
ACTION: Moved by Settle/Schwartz to 1) approve Amendment No. 2 to the contract
with Black and Veatch to conduct the pilot plant study of the Actiflo process at the
Water Treatment Plant for an additional compensation of $76,185. 2) Authorize the
transfer of $104,785 from Water Fund Working Capital to the project account to fund
the contract amendment and additional associated costs; motion carried 4:0.
C3.
C4.
GP/R/ER 6403.
ACTION: Moved by Settle/Schwartz to adopt Ordinance No. 1445 (2004 Series) on
second reading; motion carried 3:1:0, Mulholland opposed, Ewan absent
REZONE PROJECT: ER 11402.
ACTION: Moved by SettlelSchwartz to approve the Request for Proposal and
preliminary scope of work for environmental studies; motion carried 4:0.
C5. REVISIONS TO THE GUIDELINES FOR PUBLIC ART.
Mayor Romero pulled this item to discuss Public Art Jury Criteria #2. Principal
Administrative Assistant Kiser provided background and offered some alternative
language. Council Member Mulholland spoke in favor of the alternative. Vice Mayor
Schwartz offered a suggestion to further modify the language. The Council agreed to
modify Public Art Jury Criteria #2 to read as follows:
"Public Art should be considerate of the immediate site and neighborhood in terms
of historic, social and cultural characteristics, architectural scale, materials, land
use, and geographical an environmental context."
ACTION: Moved by Schwartz/Settle to adopt Resolution No. 9523 (2004 Series)
approving revisions to the City's Guidelines for Public Art, as amended; motion
carried 4:0.
C6. CONFIDENTIAL EMPLOYEES' COMPENSATION ADJUSTMENTS.
C7.
ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9524 (2004 Series)
adjusting compensation for the City of San Luis Obispo Confidential Employees;
motion carried 4:0.
ACTION: Moved by Settle/Schwartz to approve Resolution No. 9525 (2004 Series)
declaring the City -owned lot at 3265 Rockview Place to be surplus and authorize
staff to seek proposals from parties interested in purchase of property; motion
carried 4:0.
City Council Meeting Page 3
Tuesday, February 17, 2004, 4:00 p.m.
BUSINESS ITEMS
1. 2003-04 MID -YEAR BUDGET REVIEW.
Finance and Information Technology Director Statler presented an in -depth review of the
budget at mid -year, as outlined in the staff report and accompanying document. ACAO
George provided a status report on the Major City Goals and Other Council Objectives. Staff
requested indefinite deferral of the 2001 -03 objective of considering an expansion of the
"Downtown Commercial Zone ". Public Works Director McCluskey provided a special update
on the major City Goal relating to the Railroad Safety Trail by explaining that the City is
awaiting the decision of the UPRR senior vice president regarding the major issue of right -of-
way.
There were no public comments.
ACTION: Moved by Settle/Mulholland to 1) Approve revenue and expenditures
changes, including budget requests for operating programs and capital
improvement plan (CIP) projects totaling $307,100 in 2003 -04 and $873,100 in 2004-
05, as summarized in the Mid -Year Budget Review document. 2) Confirm the
previously planned occupancy of the office space currently under construction at
919 Palm Street by City staff from Community Development and Public Works, and
authorize staff to work on finalizing relocation plans. 3) Approve "Action Plan"
revisions, including an indefinite deferral of the 2001 -03 objective of considering an
expansion of the "Downtown Commercial Zone "; motion carried 4:0.
2, SAN LUIS OBISPO COUNTY HOUSING TRUST FUND,
Deputy Community Development Director Draze presented the report.
Public Comments:
Anita Robinson (on behalf of the SLO County Housing Trust Fund Executive Director Jerry
Rioux) summarized activities and accomplishments over the past two years. She formally
presented a grant funding request for $60,000 to come out of the City's inclusionary housing
fund with an understanding that it is match funding. In response to Council inquiry, she
noted that others who have granted funding requests include the County, EOC, the Housing
Authority, United Way of SLO and the Community Foundation.
Sneaking in support of granting the request:
John Dunn, Avila Beach
George Moylan. SLO Housing Authority /Director, SLO County Housing Trust Fund
Steve Delmartini. San Luis Obispo Association of Realtors
Speaking in opposition:
MaryBeth Schroeder, San Luis Obispo
–end of public comments—
Council Member Mulholland expressed concern that too much money is necessary to set
up and argued that the City already has an established CDBG program and a new staff
member dedicated to affordable housing. She agreed to support this request, but issued
concern that the City is expected to provide affordable housing and yet is not in the
City Council Meeting
Tuesday, February 17, 2004,4:00 p.m.
Page 4
business of constructing homes. She added that she is troubled by the lack of contribution
or commitment to assistance by the private sector. Vice Mayor Schwartz concurred, adding
that this may be worth the gamble if it is understood that it is a one time opportunity to
charge this group with a goal we commonly share (to produce more affordable housing for
workforce people).
Council Member Settle and Mayor Romero offered supportive comments.
ACTION: Moved by Settle/Mulholland to 1) Determine that the San Luis Obispo
County Housing Trust Fund ( "SLOTF ") grant request for $60,000 meets City
Affordable Housing Fund award criteria set by previous Council action. 2) Authorize
the City Administrative Officer to negotiate and execute an agreement with SLOW,
consistent with provisions set forth in this staff report, for a one -time grant of up to
$60,000 from the City's Affordable Housing Fund; motion carried 4:0.
3. COMMUNITY TOURISM PROMOTION BRAND IMAGE.
Economic Development Manager Stanwyck and Promotional Coordinating Chair Griffin
presented the new promotional logo. There were no public comment.
ACTION: Moved by Mulholland/Settle to approve the phrase "Experience the SLO
Life" to be used as the City's Community Tourism Promotion slogan and approve a
graphic image for use with this design; motion carried 4:0.
The Mayor called a recess at 6.20 p.m. At 7.00 p.m. the meeting resumed.
PUBLIC COMMENT
Gary Fowler, San Luis Obispo, reiterated concerns that there may be conflicts in the use of
space at the Ludwick Center and asserted that seniors are not getting their fair share.
Michael Dubin, San Luis Obispo, asked the Council to restore bus service to the airport.
Paul Boniour, San Luis Obispo, and Jim Halls, San Luis Obipso, (representing the Laguna
Neighborhood Association) urged the Council to expedite a program to calm traffic in the
area.
Jan Howell Marx, Sierra Club Local Chapter Housing Committee, urged the Council to review
the official position of the Sierra Club outlining recommendations relevant to the Housing
Element Update (which she submitted and is on file in the Office of the City Clerk).
Mary Beth Schroeder, San Luis Obispo, reiterated her position that the seniors should be
provided with a senior center at 1341 Nipomo Street.
PUBLIC HEARINGS
4. INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO DEFINE
WHEN BEER AND WINE SALES MAY BE ALLOWED ON A SITE IN CONJUNCTION
WITH AUTOMOTIVE FUEL SALES (TA 10 8-03).
Note: Council Member Ewan arrived at 7.30 p.m.
City Council Meeting
Tuesday, February 17, 2004, 4:00 p.m.
Page 5
Associate Planner Dunsmore presented the staff report. City Attorney Lowell offered an
amendment to Chapter 17.08.040 (1) and (J)(3) by changing "retail outlet" to "service
station ", and further to change 17.080.040 (J)(2) to read as follows:
"The sale of beer and wine at this location does not jeopardize the public health,
safety or welfare, e.g. will not result in an over - concentration of selling or serving
alcoholic beverages in the vicinity".
The City Attorney emphasized that the amendments proposed will bring the City's
regulations into compliance with State law.
Mayor Romero opened the public hearing.
Mary Beth Schroeder. San Luis Obispo, spoke in opposition.
Mayor Romero closed the public hearing.
Council Member Mulholland argued that the impetus for this change was the application by
Costco and argued that she doesn't believe it is important to change the City's rules and
regulations specifically for the benefit of a certain class of business. She asserted that she
Will stand with the minority of the Planning Commission and vote No.
Mayor Romero pointed out that Council previously directed staff to return with these text
amendments.
Council Member Settle also expressed opposition asserting that the City must maintain
local control.
ACTION: Moved by Ewan /Schwartz to introduce Ordinance No. 1446 (2004 Series)
repealing section 5.36.020, and amending sections 17.08.040 as modified by staff
and 17.100 of the Municipal Code for consistency with the Business and
Professions Code, allowing the sale of beer and wine at service stations subject to
development standards to protect the public health, safety and welfare and approval
of an Administrative Use Permit; motion carried 3:2 (Settle, Mulholland opposed).
5. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT
TO ALLOW A CAR WASH IN CONJUNCTION WITH AN EXISTING SERVICE STATION
AT 1308 MONTEREY STREET (AP -PC 131 -03).
Associate Planner Dunsmore presented the staff report and responded to Council
questions.
Mayor Romero opened the public hearing.
Co- appellants Betty Aten and Steve Mann, 1315 Palm Street, summarized concerns as
outlined in the appeal and additional correspondence submitted for the record citing
objections to issues relating to noise, circulation, fumes and incompatibility with the
neighborhood. The appellants were accompanied by approximately 15 neighbors who stood
to demonstrate concurrence. Additionally, the appellant reported that they had signatures on
petitions from approximately 176 people who indicated that they would not support approval
of a carwash if they had to live next to it.
Applicant's representative Geroge Garcia (George Garcia & Design) presented the proposed
site plan, described the design and construction materials, and addressed issues raised by
City Council Meeting
Tuesday, February 17, 2004, 4:00 p.m.
Page 6
the neighbors. Following his presentation, Mr. Garcia responded to Council questions
regarding noise, parking, design and pending sale of the property.
Speakina in support of the appeal and urging proiect denial:
Debra Jones, San Luis Obispo (also submitted a letter from neighbor Jeanne)
Mike Dubin, San Luis Obispo
Mary Beth Schroeder, San Luis Obispo
Scott Hagemann, San Luis Obispo
Jennifer Santos, San Luis Obispo
Henry Santos. San Luis Obispo
Dennis Ahearn, San Luis Obispo
Julia Blair, San Luis Obispo
Greg Christensen, San Luis Obispo
Gary Fowler, San Luis Obispo
Vern Ludwick San Luis Obispo
Mayor Romero closed the public hearing.
In response to inquiry from Vice Mayor Schwartz, City Attorney Lowell explained that the
Planning Commission approved the request but the Council has the discretion to overturn
that decision by upholding the appeal, based on findings. He added that there is no property
right at stake, but rather a request which may be granted or denied.
Individual Council comments followed. The Council unanimously agreed that the proposed
use was incompatible with the neighborhood.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9526 (2004 Series),
upholding the appeal thereby overturning the action of the PC and denying the use
permit to allow a car wash; motion carried 5:0.
Mayor called a break at 9:23 p.m. Meeting resumed at 9:30 p.m.
BUSINESS ITEMS, CONTINUED
6. FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D.
Assistant City Engineer Lynch presented the staff report. City Attorney Lowell reported that
a question had been raised about whether or not the City would be liable in any way to
property owners because of placing them into a flood zone when they were not previously
in a flood zone. He clarified that any action by the Council to re- designate property will not
involve any compensation nor will it create a situation whereby the City would owe
damages to the property owners because of the change. City Attorney Lowell encouraged
open communication with the property owners. Assistant City Engineer Lynch discussed
four findings for necessity and noted that a 4/5 vote is required for action. She also pointed
out that a city water line will need to be moved and the cost of the work will save the
General Fund $10,500 because the total cost can be paid out of water enterprise funds.
Council questions followed. Assistant City Engineer Lynch clarified that long -term
permanent easements required are generally within the creek and will not prevent property
owners to develop. When asked if there was any new information about the ability to gain
easements on the Sierra Vista Hospital side of the creek, Assistant City Engineer Lynch
reported that negotiations primarily concern themselves with compensation and
emphasized that there is no impact to what the property owner wants to do. CAO Hampian
City Council Meeting Page 7
Tuesday, February 17, 2004, 4:00 p.m.
added that discussions with top management indicate that a reasonable, cooperative
' solution is likely to be reached before the matter would have to go to court. Council
Member Mulholland and Vice Mayor Schwartz pointed out that the City accommodated the
hospital when they asked for zoning changes and a street abandonment to allow for
expansion and expressed a desire to see the hospital treat the City equitably.
Public Comments:
Mary Beth Schroeder, San Luis Obispo, urged better planning and studying to reduce the
costs.
David Singer, REG Property Management (representing property owner Judith Carlson who
owns 1051 Murray and 1061 Murray), indicated that his client's properties have been placed
into the flood plain and isn't sure how the properties will be impacted by this action. Staff
provided additional explanation.
—end of public comments—
Council Member Settle supports staff recommendations; Council Member Mulholland
agreed, the bridge must be fixed. Council Member Ewan will support and emphasized that
the improvements will be long -term for the adjacent property owners.
Mayor Romero voiced his continuing disappointment with the City decision to construct a
bridge rather than repair the existing culverts. He expressed again his opinion that the
culverts could have been repaired for a fraction of the cost, in a fraction of the time, which
would have minimized traffic disruption and would have retained some flood retention
capability. He reluctantly agreed to approve the plans and specs.
Vice Mayor Schwartz expressed concern that the City is not replacing bridges in a timely
manner. Public Works Director McCluskey commented that several have rusted out, failed
and have already been repaired. He added that without a storm drain fund proactive
replacement remains unfunded.
ACTION: Moved by Settle/Mulholland to 1) approve plans and specifications for
"Foothill Bridge Replacement Project, Specification No. 90197D." 2) Authorize staff
to advertise for bids upon receipt of authorization from the State and authorize the
City Administrative Officer to award the contract if the lowest responsible bid is no
more than 5% over the Engineer's Estimate. 3) Confirm the findings of the
Programmatic Environmental Impact Statement/Environmental Impact Report for
the Waterway Management Plan regarding overriding considerations on flooding.
4) Approve Amendment 8 with Martin, Rivett & Olson for Construction Management
and Environmental Monitoring Services in the amount of $576,000 and authorize the
Mayor to execute the amendment. 5) Adopt Resolution No. 9527 (2004 Series) of
Necessity for easements for the Foothill Bridge Replacement Project. 6) Authorize
the City Administrative Officer to enter into an agreement with Meyer/Nave for legal
assistance in filing eminent domain actions not to exceed $70,000. 7) Appropriate
$1,109,400 from grant funds and $277,300 from the General Fund ($250,800 from the
CIP Reserve, $16,000 from the General Fund unreserved fund balance) and $10,500
from the Water Fund to provide necessary funding for construction and to provide
the required deposition of funds for eminent domain; motion carried 5:0.
Staff asked for feedback on the question that should a contractor propose closing
down Foothill Blvd. to through traffic during Cal Poly's summer session 2004
(perhaps between June graduation and first date of WOW week) with a goal of
City Council Meeting
Tuesday, February 17, 2004, 4:00 p.m.
Page 8
completing the project in one summer, would the Council agree to it. Council was
receptive and provided staff with flexibility on this issue.
COUNCIL LIAISON REPORTS
Vice Mayor Schwartz reported on the February 4t' meeting of the San Luis Obispo Council
of Governments (see report on file in the Office of the City Clerk).
Council Member Mulholland reported on the February 4`" County Water Resources Advisory
Committee and the February 10th Downtown Association Board meeting.
Mayor Romero attended the February 11 "' Promotional Coordinating Committee meeting.
Mayor Romero and Council Member Ewan will be attending the Seismic Task Force meeting
on February W.
COMMUNICATIONS
Brief Council discussion followed regarding concerns expressed by Mr. Fowler regarding the
use of the Ludwick Center. The matter was referred to staff.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 10:30 p.m. to Tuesday, February 24, 2004 at 7:00 p.m. in th uncil Chamber,
990 Palm Street, San Luis Obispo.
Lee Price,
City Clerk
APPROVED BY COUNCIL: 3/1/2004
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