HomeMy WebLinkAbout06/15/2004MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JUNE 15, 2004 - 4:00 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; Diane Reynolds, Deputy City Clerk; John Mandeville,
Community Development Director; Bill Statler, Finance 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; Todd Beights, Parks and Urban Forest
Supervisor; Gary Henderson, Water Division Manager; Dan Gilmore,
Utilities Engineer; Michael Codron, Associate Planner; Phil
Dunsmore, Associate Planner; Sue Baasch, Utilities Administrative
1 Analyst; Carolyn Dominguez, Finance Manager; Ron Munds, Solid
Waste Coordinator; James Bremer, Recreation Supervisor
PUBLIC HEARING
1. APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL
REQUEST —1670 PHILLIPS LANE.
Public Works Director McCluskey and Parks and Urban Forest Supervisor Beights
presented the staff report. Council questions and discussion ensued.
Mayor Romero opened the public hearing.
Roger Suiker, appellant, expressed his concerns that the tree is being removed in spite of
the fact that the house is being sold. He stated that other plants have been removed from
the yard next door and his privacy has been compromised. The tree can be seen from all
around the neighborhood and to remove it would have a negative impact. It is also a
habitat for birds and other wild life, and a noise barrier. He claimed that no grass has been
planted under the tree despite the applicant's concern that the tree won't allow grass to
grow beneath it. Also, a Japanese maple is not an adequate replacement.
Michael di Milo, applicant, stated his reasons to replace the tree: The roots are interfering
with the decking. The new buyers want the tree removed because they will be redoing the
foundation of the house. Grass does not grow beneath it even with continued watering.
The tree drops sharp seed balls that stick to his dog. The tree was topped resulting in
weaker branches that may be a liability, and it has a displeasing shape. The City has
allowed other trees to be removed in the neighborhood. It is not a heritage tree.
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Tuesday, June 15, 2004, 4:00 p.m.
Page 2
Mary Beth Schroeder, San Luis Obispo, asked the Council to save the trees.
Eric Hesselberth, neighbor to the applicant, supports the appeal as he believes the tree is 1
beautiful and adds to the character of the neighborhood.
Mayor Romero closed the public hearing.
ACTION: Moved by Ewan/Settle to adopt Resolution No. 9572 (2004 Series) denying
the appeal of the Tree Committee's decision to approve the removal request at 1670
Phillips Lane; motion carried 4:1 (Mulholland).
BUSINESS ITEMS
2. 2004-05 PROMOTIONAL COORDINATING COMMITTEE GRANTS -IN -AID (GIA)
RECOMMENDATIONS.
Principal Administrative Analyst Kiser and Promotional Coordinating Committee Chair
Hunt - Roberts presented the staff report. Council expressed their appreciation to the PCC.
Public Comments
Mary Beth Schroeder, San Luis Obispo, stated she does not want the taxpayer's money spent
on Mardi Gras.
Archie McLaren, SLO Vintners and Growers Association, expressed gratitude for the grant
award them.
—end of public comments—
ACTION: Moved by Mulholland/Ewan to 1) adopt Resolution No. 9573 (2004 Series)
approving 2004 -05 Grants -in -Aid (GIA) and authorizing the City Administrative
Officer to execute agreements with each grant recipient as described in Exhibit "A"
attached to the resolution, inclusive of any modifications made by the Council; 2)
Allocate any remaining funds from the 200405 GIA program to the PCC's Enhanced
Promotional Fund for uses consistent with that program's established granting
criteria; motion carried 5:0.
3. 2004 WATER RESOURCES STATUS REPORT.
Utilities Director Moss, Water Division Manager Henderson and Solid Waste Coordinator
Munds presented the staff report. Staff responded to Council questions.
Public Comments
There were no speakers.
–end of public comments—
ACTION: Moved by Settle/Schwartz to 1) Receive and file report. 2) Approve the
recommended prioritization of water supply projects as identified in Table 2; motion
carried 4:1 (Mulholland).
4. WHEELING OF NACIMIENTO WATER TO AFUERO DE CHORRO MUNICIPAL WATER
COMPANY.
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Tuesday, June 15, 2004, 4:00 p.m.
1 Utilities Director Moss and Utilities Engineer Gilmore presented the staff report.
Public Comments
Robert Hather, Afuero de Chorro Mutual Water Company, highlighted the points in his letter to
Council (on file in the City Clerk's Office). He asked Council to approve the agreement to
wheel Nacimiento water through the City's system and stated he would like to continue
negotiations with the City regarding wheeling and possible annexation in the future.
—end of public comments—
ACTION: Moved by SettletSchwartz to deny the request by Afuero de Chorro Mutual
Water Company to treat and wheel Nacimiento water through the City's water
treatment and distribution system; motion carried 5:0. Staff directed to explore the
option of future annexation for the Afuero area.
Mayor Romero called a break at 6.20 p.m. The meeting reconvened at 7.05 p.m.
Mayor Romero presented a proclamation to Betsy Kiser, outgoing San Luis Obispo Chapter
NMA President, and James Bremer, incoming San Luis Obispo Chapter NMA President, in
recognition of National Management Association (NMA) Week
PUBLIC COMMENT
' Dane Senser, San Luis Obispo, complained about being harassed by vagrants downtown.
Gary Fowler. San Luis Obispo, asked that flags displayed at night in Mission Plaza be
properly lit. He mentioned that law enforcement badges display a cross. He stated that
seniors are concerned about increases in their service bills.
Mary Beth Schroeder. San Luis Obispo, asked Council to protect the seniors and R -1 zones.
CONSENT AGENDA
CONSIDERATION TO ADD CONSENT ITEM C7.
C1.
ACTION: Moved by Mulholland/Ewan to approve adding Consent Item C7 prior to
consideration of the consent agenda upon 2/3 vote of City Council that there is a
need to take action immediately and need came to City's attention after agenda was
posted; motion carried 5:0.
ACTION: Moved by Settle/Mulholland to approve the consent agenda as
recommended by the City Administrative Officer; motion carried 5:0.
ACTION: Moved by Settle/Mulholland to waive oral reading and approve as
presented; motion carried 5:0.
City Council Meeting
Tuesday, June 15, 2004,4:00 p.m.
Page 4
C2. GENERAL MUNICIPAL ELECTION FOR NOVEMBER 2, 2004.
ACTION: Moved by Settle/Mulholland to 1) adopt Resolution No. 9574 (2004 Series)
Calling and Giving Notice of the Holding of a General Municipal Election to be Held
Tuesday, November 2, 2004 for the Election of Certain Officers as Required by the
Provisions of the Charter. 2) Adopt Resolution No. 9575 (2004 Series) Requesting
The San Luis Obispo County Board of Supervisors to Consolidate the General
Municipal Election on Tuesday, November 2, 2004, With the Statewide General
Election to be Held on that Date; motion carried 5:0. Staff directed to cancel the
Tuesday, November 2, 2004 Regular City Council meeting due to the election and to
reschedule it at a later date.
C3. COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9576 (2004 Series)
authorizing the San Luis Obispo County Assessor to assess the amounts due to
San Luis Garbage Company on delinquent accounts for provision of solid waste
collection and disposal services as described within Municipal Code Section
8.04.070 as liens against the properties involved; motion carried 5:0.
C4. ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9577 (2004 Series) to
authorize the City Administrative Officer to approve an annual agreement with San
Luis Obispo County Flood Control and Water Conservation District Zone 9 for
reimbursement of streambed clearing and exotics control/revegetation program; '
motion carried 5:0.
C5. APPROPRIATIONS LIMIT FOR 2004 -05.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9578 (2004 Series)
establishing the City's appropriations limit for 200405; motion carried 5:0.
C6. SURPLUS CITY PROPERTY.
ACTION: Moved by Settle(Mulholland to adopt Resolution No. 9579 (2004 Series)
declaring equipment as surplus property; motion carried 5:0.
C7. APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA STATE
COASTAL CONSERVANCY.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9580 (2004 Series)
authorizing staff to complete and submit an application for grant monies in the
amount of $400,000 from the California State Coastal Conservancy, to be used in
support of acquisition of the Ahearn Property at Stagecoach Road and Highway 101
(map); motion carried 5:0.
PUBLIC HEARINGS, CONTINUED
5. REVIEW PROPOSED GENERAL PLAN AMENDMENTS AND ZONING REGULATIONS
AMENDMENTS TO PROVIDE GREATER FLEXIBILITY FOR THE LOCATIONS OF
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Tuesday, June 15, 2004, 4:00 p.m.
Page 5
MEDICAL SERVICES (GPAITA/ER 22 -04).
Community Development Director Mandeville and Associate Planner Codron presented the
staff report. Council discussion ensued.
Mayor Romero opened the public hearing.
Dr. Karen Krahl, San Luis Obispo, stated that doctors are moving to the north and south
county in order to find office space, and that she hopes practitioners will now stay in town
to serve this community. She would like to see a loosening of parking requirements.
Dr. Sandra Karlic, San Luis Obispo, supports the amendments and stated that patients have
waited too long for doctors appointments. Also, more parking is needed.
Dr. Jeff Hiner, San Luis Obispo, supports the zoning amendments that allow for the greater
flexibility for location of medical services.
Patricia Wilmore. Chamber of Commerce, stated that she supports the zoning amendments.
Andrew Carter, San Luis Obispo, stated that he supports the zoning amendments.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle(Ewan to take the following actions to provide greater
flexibility for the locations of medical services in the City: 1) Approve in concept
amendments to General Plan Policies LU 3.4.2.C, LU 3.6.1 and LU 3.6.2 to provide
' greater flexibility for the locations of medical services. 2) Approve in concept an
ordinance allowing certain types of medical services to be located in the C -S and BP
zoning districts, with the approval of an Administrative Use Permit. Section 1.
amended to read " 1. The proposed text amendment is consistent with the General
Plan and will help to further general plan goals by insuring that the City of San Luis
Obispo remains the County's hub for medical services and provides adequate areas
for essential medical services to its residents." Exhibit A #3 amended to read "The
proposed medical service will not significantly increase traffic or create parking
impacts in residential neighborhoods. " Exhibit A #6 added to read "The project site
can accommodate the parking requirements of the proposed medical services and
will not result in other leased spaces being under - utilized because of a lack of
available parking." 3) Approve in concept a Negative Declaration of Environmental
Impact for the project 4) Continue this item to the July 6, 2004 Council meeting for
adoption of the General Plan amendment, introduction of the ordinance, and
approval of the Negative Declaration; motion carried 5:0.
6. GENERAL PLAN AMENDMENT AND REZONE FROM MEDIUM DENSITY
RESIDENTIAL TO TOURIST COMMERCIAL FOR PROPERTY LOCATED AT 1661
MILL STREET (GP/R/ER 37 -04).
Community Development Director Mandeville and Associate Planner Dunsmore presented
the staff report and explained how granting a variance would not be applicable in the case
of this project.
Mayor Romero opened the public hearing.
Vince Fonte. American Legion Representative, stated he was available to answer questions.
City Council Meeting
Tuesday, June 15, 2004,4:00 p.m.
Page 6
James Tonge, Santa Maria resident and owner of a duplex on Park Street, expressed
concern about who might move into the building if the American Legion leaves in the
future.
Gary Fowler, San Luis Obispo, supports the American Legion, but feels the County was not
adequately noticed about the issue.
Andrew Carter, San Luis Obispo, supports the rezone.
Roster Larson, owner of the property adjacent to American Legion, stated that the Legion is
a good neighbor and that he supports the rezone.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9581 (2004 Series), as
recommended by the Planning Commission, conceptually approving a Mitigated
Negative Declaration of environmental impact and amendment to the City's Land
Use Element Map and Zoning Map designations from Medium Density Residential
(R -2) to Tourist Commercial (C -T -S), which directs staff to return the project to the
Council at the July 6, 2004, regular meeting, to formally adopt a resolution and
ordinance for the project; motion carried 5:0.
7. WATER AND WASTEWATER IMPACT FEES.
Utilities Director Moss and Finance Director Statler presented the staff report regarding
Water Impact Fees. Utilities Administrative Analyst Baasch presented the staff report
regarding Wastewater Impact Fees.
Mayor Romero opened the public hearing.
Andrew Carter, San Luis Obispo, supports the impact fees but wants Margarita Area Impact
fees separated out.
Steve Barasch, Representing of the SLO Property Owners Association, stated that he
supports impact fee relief for the low and moderate income housing and asked Council to
consider a stepped rate.
Steve Delmartini, San Luis Obispo, questioned whether impact fees should be collected
when the Nacimiento Project may not happen.
Gary Fowler, San Luis Obispo, questioned the legality of collecting the impact fees and
user's tax, and stated that he feels the City is receiving the fees to far in advance of the
Nacimiento Project.
Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9582 (2004 Series)
amending water and wastewater impact fees effective September 1, 2004 as
amended in Exhibit B (Council Memorandum on file in the City Clerk's Office);
motion carried 3:2 (Schwartz, Mulholland).
Mayor Romero called a recess at 9:25 p.m. The meeting reconvened at 9:35 p.m.
I
8. ADOPTION OF 200405 BUDGET.
City Council Meeting
Tuesday, June 15, 2004,4:00 p.m.
Page 7
CAO Hamaian and Finance Director Statler presented the staff report and responded to
Council questions. Council discussion ensued.
Mayor Romero opened the public hearing.
Andrew Carter, San Luis Obispo, complimented staff on their hard work during tight budget
times.
Mayor Romero closed the public hearing.
ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9583 (2004 Series)
approving amendments to the 2003 -05 Financial Plan and appropriating funds for
fiscal year 2004 -05; motion carried 5:0. Staff directed to strike the last sentence on
page B -5 of the 2004 -05 Budget, under the section entitled Economic Development
Sales Tax. "Any potential annexation could not occur until after the Dalidio
property is annexed." Staff directed to revise the downtown street paving priorities
placing the paving of streets around Osos Street near the Court Street Project
ahead of Higuera Street, and to return in the fall with a review of the CIP to see if
there are monies available to pave Higuera Street.
COUNCIL LIAISON REPORTS
Vice Mayor Schwartz reported on the San Luis Obispo Council of Governments /San Luis
Obispo Regional Transit Authority meeting on June 2nd (see letter on file in the City Clerk's
Office),
Council Member Mulholland reported on the Water Resources Advisory Committee meeting
on June 2 -and the Downtown Association Board of Directors meeting on June 8d'.
Mayor Romero reported that he and Council Member Ewan attended the June 14"' Seismic
Task Force meeting.
COMMUNICATION
Council Member Mulholland stated that Kim Catherina of the Department of Agriculture has
placed disease -free chickens in the Laguna Lake neighborhood to monitor the mosquito -
bome West Nile virus, and that West Nile Virus informational brochures are available at the
County Health Department. She stated that dense reed growth in Laguna Lake is making
mosquito abatement spraying ineffective. Staff is directed to consider the reed problem
when addressing Laguna Lake dredging, and report back on mitigation and funding options
in the fall.
Council Member Settle stated that he met with the Joint Powers Insurance Authority and
urged staff to require certification of indemnification for all Public Works contracts. He
submitted the booklet "Of Cookie Jars and Fishbowls: A Public Official's Guide to Use of
Public Resources."
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 11:40 p.m. to Monday, June 28, 2004 at 7:00 p.m. in the Council Chamber, 990
Palm Street, San Luis Obispo.
City Council Meeting Page 8
Tuesday, June 15, 2004, 4:00 p.m.
ad'A-i'
Diane Reynolds, .M.
Deputy City Clerk,---,/
APPROVED BY COUNCIL: 7/6/2004
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