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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 1