HomeMy WebLinkAbout04/06/2004MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 6, 2004 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle,
Vice Mayor Ken Schwartz 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; Ron Whisenand, Deputy Director Community
Development; Mike Draze, Deputy Director Community
Development; Bill Statler, Finance Director; Dan Blanke, Police
Captain; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director;
Mike McCluskey, Public Works Director; Betsy Kiser, Principal
Administrative Analyst
Public Works Director McCluskey introduced the following new employees in the Public
Works Department: John Humphrey, Streets Maintenance Worker I, and Michelle Sindorf,
Assistant Engineer.
Mayor Romero presented a proclamation to Martha Chivens, United Methodist Children's
Center, declaring April as the "Month of the Child ".
Fire Chief Knabe, Viv Dilts, Administrative Analyst and Tracy Ferguson, Fire Inspector,
presented an overview of the Fire Department's new Senior Safety Program.
CAO Hampian presented Finance & IT Director Statler and Finance Manager Carolyn
Dominguez with the Government Finance Officers Association of the United States and
Canada (GFOA) awards for distinguished budget presentation.
PUBLIC COMMENT
Mary Beth Schroeder, San Luis Obispo, spoke in support of relocating the senior center to
1344 Nipomo Street (home of the Parks & Recreation Administration).
Bob Hather, San Luis Obispo County, spoke on behalf of the Afuera de Chorro Mutual Water
Company (which serves approximately 19 owners in the County just outside the city limits).
He reported that because their groundwater source is significantly impaired, the group is
1 interested in participating in 15 acre feet of the Nacimiento Water Project and asked the
Council to consider their desire to receive their allocation by delivery through the City's water
system. The matter was referred to the Utilities Department
City Council Meeting Page 2
Tuesday, April 6, 2004, 7:00 p.m.
Andrew Carter, San Luis Obispo, urged the City Council to discuss on April 20"', as part of the
Police Chief's report on alcohol - related incidents in town, the issue of what to do about the
Mardi Gras parade. He noted that he supports the personal view of the CAO that the only way
the City can deal with the alcohol - related incidents and behavior during Mardi Gras is to
cancel the parade, and added that he hopes that the Council will make this an official policy.
Council requested that staff add this issue to the report on April 2e.
Bill Storm, San Luis Obispo, expressed concern that the senior center in Mitchell Park and the
Ludwick Center are not sufficiently meeting the needs of seniors in San Luis Obispo. He
urged the Council to accept a proposal by the Dalidio Family to set aside 2 acres of the Dalidio
property for a senior center. CAD Hamaian reported that a senior center was not on the table
during the final negotiations with the Dalidio Family and added that.to construct a new senior
center without a plan and budget to maintain it would create an expensive burden to the City.
Council Member Mulholland suggested that the issue be discussed further during goal setting
and budget time. No direction to staff was provided.
Lionel Johnston, Morro Bay, suggested a parking space striping program and urged the
preservation of Tan Oaks.
Gary Fowler, San Luis Obispo, reported a street light issue at 2978 S. Higuera, and concurred
with comments made by Mr. Storm relative to a senior center. In addition, he threatened to
file a lawsuit against the City if the Annual Holiday Parade route is not changed and/or
residents in the current staging area are not provided with vehicular access.
Paul Brown. San Luis Obispo, noted that while the business community has very mixed
feelings about the future of the Mardi Gras, no one wants further riots. He encouraged the
Council to make whatever recommendations are needed to avoid any event that would
endanger human lives.
CONSENT AGENDA
Mayor Romero announced that Item C5 had been withdrawn by staff. Vice Mayor Schwartz
pulled Item C2 for further staff comment.
Public comments:
Gary Fowler, San Luis Obipso, spoke in opposition to Item C4. He said he did not understand
why Cal Poly does not exchange fire service for rent with the Califomia Department of
Forestry. Fire Chief Knabe reported that Cal Poly considered several alternatives for fire
service and chose to contract with the City for a variety of reasons, and added that the
university will receive premier fire service from the City of SLO.
Mary Beth Schroeder, San Luis Obispo, spoke in opposition to approving Items C3 and C4.
—end of public comments—
ACTION: Moved by Settle/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer with the exception of C2 and C5;
motion carried 5:0.
C1. APPROVE MINUTES OF TUESDAY, MARCH 9. 2004 SPECIAL MEETING A_ ND
TUESDAY, MARCH 16.2004 REGULAR MEETING.
City Council Meeting
Tuesday, April 6, 2004, 7:00 p.m.
1 a
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
Page 3
Vice Mayor Schwartz pulled this item to express lingering reservations about the Council's
approved design alternatives and requested that staff provide an overview of those
previously selected by the Council for further analysis.. Deputy Director Public Works
Bochum reviewed the project design alternatives. Vice Mayor Schwartz reiterated concern
that Alternative 6a does not represent good planning given traffic generation for
southbound traffic. He added that he appreciated that the alternative will be further
studied.
ACTION: Moved by Schwartz/Mulholland to approve a contract with Dokken
Engineering in an amount not to exceed $143,000 to perform consultant services to
prepare State of California Department of Transportation Phase I Project Report and
Environmental Determination Analysis for the Los Osos Valley Road/US 101
Interchange project, and authorize the Mayor to execute the contract; motion carried
5:0.
C3. COMPENSATION ADJUSTMENTS FOR CITY ADMINISTRATIVE OFFICER AND CITY
ATTORNEY.
ACTION: Moved by Settle/Mulholland to 1) adopt Resolution No. 9546 (2004 Series)
adjusting the annual salary of the City Administrative Officer. 2) Adopt Resolution
No. 9547 (2004 Series) adjusting the annual salary of the City Attorney. 3) Adopt
Resolution No. 9548 (2004 Series) electing to pay and report Employer Paid Member
Contributions for appointed officials; motion carried 5:0.
C4.
ACTION: Moved by Settle/Mulholland to approve, and ratify the Mayor's execution
of a five -year contract with Cal Poly for emergency response services to the
University, with two single -year extensions (2009, 2010) at the University's election;
motion carried 5:0.
C5. AUTHORIZE DEVELOPMENT OF A BID FOR CONTRACT FIRE SERVICES FOR LOS
OSOS COMMUNITY SERVICES DISTRICT.
ACTION: No action taken; item withdrawn by staff.
C6. GRANT APPLICATION FOR FUNDS FROM THE FEDERAL ASSISTANCE TO
FIREFIGHTER GRANT PROGRAM.
ACTION: Moved by Settle/Mulholland to authorize staff to submit a grant
application in the amount of $103,500 from the Federal Assistance to Firefighter
Grant Program for a Comprehensive Training Program; motion carried 5:0.
C7. BUS MAINTENANCE FACILITY IMPROVEMENT: BUS WASH. SPECIFICATION NO.
99601 B.
City Council Meeting
Tuesday, April 6, 2004,7:00 p.m.
Page 4
ACTION: Moved by Settle/Mulholland to 1) approve the award to and authorize the
Mayor to execute a contract with J & P Construction Company of Santa Maria, in the
amount of $519,736 (total bid less bid alternates) for the Bus Maintenance Facility:
Bus Wash Project, Specification 99601 B. 2) Appropriate $50,000 from the
unappropriated balance of the Transit Fund; motion carried 5:0.
The Council took the following business item out of order to hear from senior residents:
S. PROPOSAL BY CHARTER COMMUNICATIONS TO PROVIDE A BASIC LEVEL OF
SERVICE.
Principal Administrative Assistant Kiser presented the staff report. Sylvia Biddle. Charter
Communications, spoke in support of the recommendation adding that it provides an
affordable option for many residents. Brief questions from the Council followed.
Public Comments
Frances DeLorenzo, representing senior residents at Judson Terrace, presented a resident
petition in support of the basic level service option (on file in the Office of the City Clerk).
—end of public comments —
Council comments in support followed.
ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9549 (2004 Series)
approving a proposal from Charter Communications to implement a "broadcast
basic" level of service for customers in the City of San Luis Obispo; motion carried
5:0.
PUBLIC HEARINGS
1.
Deputy Director Community Development Whisenand presented the staff report.
Mayor Romero opened the public hearing.
Alan Volbre agent for the applicant, spoke in support of approval and availed himself for
questions.
Mayor Romero closed the public hearing.
Brief Council comments followed.
2.
ACTION: Moved by Settle/Mulholland adopt Resolution No. 9550 (2004 Series)
approving a lot line adjustment, with exceptions to the Subdivision Regulations,
based on findings and subject to conditions; motion carried 5:0.
C
City Council Meeting Page i
Tuesday, April 6, 2004, 7:00 p.m.
Deputy Director Community Development Whisenand presented the staff report and
clarified that the home presently located on the property will be demolished and a new
house constructed.
Mayor Romero opened the public hearing.
Mary Beth Schroeder, San Luis Obispo, cautioned the Council to be careful before
demolishing historic buildings.
Mayor Romero closed the public hearing.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9551 (2004 Series) remove
the property at 581 Dana Street from the listing of contributing historic properties;
motion carried 5:0.
Mayor Romero called a break at 8:50 p.m. The meeting resumed at 9:02 p.m.
BUSINESS ITEMS
3. 2003 GENERAL PLAN ANNUAL REPORT.
Deputy Director Community Development Draze presented the staff report.
Public Comments
Andrew Carter, San Luis Obispo, expressed concern about the proper balance between
residential and commercial growth. He speculated that if all the commercial projects currently
proposed do actually get built, there will be a greater spread between residential and
commercial development, and further, that housing costs will continue to rise. He urged the
Council to restrict both residential and commercial development.
—end of public comments—
Council discussion followed.
Council Member Mulholland expressed frustration about the rate of commercial growth and
pointed out that it has exceeded the amount allowed for in the Land Use Element (LUE).
She reminded her Council colleagues that the voters passed an advisory ballot measure
(Measure G) in 1989, which ties commercial growth rate to residential (1 %). She reiterated
concern that the Council has not discussed this matter as required by the LUE and further
urged that the matter be placed on a future agenda. There was no support to agendize the
matter.
Council Member Settle spoke in favor of the staff recommendations. Council Member Ewan
agreed and expressed appreciation to staff for continuing work on the Bicycle Plan and the
Railroad Safety Plan. Mayor Romero repeated a concern he has expressed in the past that
not enough is being done to reduce vehicle traffic congestion and complained that too
much funding from transportation impact fees is being dedicated for bicycle, transit and
pedestrian improvement, which represent only 15% of the City's total modes of
transportation. He also voiced disappointment that there is not more work being done on
widening Mid - Higuera, Santa Barbara Street and the intersection of Monterey and
I California. Public Works Director McCluskev provided status reports on the Mid - Higuera
and Santa Barbara Streets widening projects. He clarified that there is no Council- approved
project or budget for Monterey /California.
City Council Meeting
Tuesday, April 6, 2004, 7:00 p.m.
Page 6
ACTION: Moved by Settle/Schwartz to accept the 2003 General Plan Annual Report,
as recommended by the Planning Commission; motion carried 5:0.
4. SUPPORT FOR LEGAL CHALLENGE TO THE "TRIPLE FLIP ".
Finance Director Statler presented the staff report and responded to questions from the
Council.
Public Comments
Andrew Carter, San Luis Obispo, expressed support for the legal challenge and questioned
the logic behind the "triple flip ". He speculated that the State will not.decrease expenses
nor will it raise taxes, and observed that the likely result will be cuts to fundamental public
services, like police and fire.
—end of public comments—
ACTION: Moved by Mulholland/Settle to authorize the City Attorney to include the
City of San Luis Obispo as plaintiff, along with many other cities in the State, in a
legal challenge to invalidate the preemption of the one - quarter cent local sales tax
as part of the `Triple Flip "; motion carried 5:0.
6. PURCHASE OF 633 PALM STREET.
Public Works Director McCluskev presented the staff report.
Public Comments
Steve Delmartini, San Luis Obispo, summarized concerns expressed in his written
correspondence (on file in the Office of the City Clerk) supporting the purchase of the
property but recommending that the City be a smart, prudent buyer and consider the eventual
potential for a no-net housing loss.
—end of public comments—
Council Member Mulholland asked if the City was paying top dollar for the property. Public
Works Director McCluskev explained that the purchase price recommended is within the
range of the property appraisal. Council Member Mulholland stated that she will not
support the property purchase because of the cost and concern about adhering too strictly
to a concept plan that removes housing in the downtown core.
Mayor Romero said that while the location was not his favorite for the next parking
structure, the Downtown Concept Plan sites one there. He agreed with Mr. Delmartini's
comments and observed that it does appear the City always pays top dollar when we
acquire property, but noted that he would support the recommendation.
ACTION: Moved by Settle/Schwartz to 1) authorize the purchase of property located
at 633 Palm Street for $650,000. 2) Authorize preparation of a letter of friendly
condemnation. 3) Transfer $670,000 from the Parking Fund appropriation for land
acquisition in 2004-05 to 2003 -04 to fund this property purchase and related costs.
4) Authorize the CAO to sign purchase documents and the deed; motion carried 4:1
(Mulholland).
City Council Meeting Page i
Tuesday, April 6,2004,7:00 p.m.
COUNCIL LIAISON REPORTS
Council Member Mulholland reported on the March meeting of the Economic Vitality
Corporation (EVC) and the March 2e Downtown Association annual retreat.
Mayor Romero reported on the last meeting of the California Mens Colony Citizens Advisory
Committee, discussed the April 2nd Mayors' meeting, and provided an update on the Seismic
Task Force.
COMMUNICATIONS
Council Member Mulholland reported on sessions she attended at the Local Government
Commission annual conference in Yosemite.
Mayor Romero anounced that the City received an award designating SLO as "The #3 rated
city to live in 2004 ".
Mayor Romero reported that he represented the City at the April 3`d dedication of the Union
Pacific Railroad Plaque at the San Luis Obispo AmTrak Station. This plaque was placed by
the American Society of Civil Engineers in recognition of the outstanding engineering in
constructing the Railroad crossing of Cuesta grade.
There being no further business to come before the City Council, Mao omero adjourned
the meeting at 10:15 p.m. to Tuesday, April 20, 2004 at 7:0 p.m. in the ncil Chamber, 990
Palm Street, San Luis Obispo.
Le rice, C.M.C.
City Clerk
APPROVED BY COUNCIL: 4/20/2004
LP:jo
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