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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. City Council Meeting 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. City Council Meeting Page 3 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 City Council Meeting 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 dr f] 1