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HomeMy WebLinkAbout08/17/2004ROLL 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; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources 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; Tom Baasch, Chief Building Official; Robert Horch, Parking Manager; Tyler Corey, Associate Planner; Dan Blanke, Police Captain ' Mayor Romero called the meeting to order at 6.15 p.m. for Closed Session. CLOSED SESSIONS A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Negotiating Parties: Negotiation: 1049 Orcutt Rd. City of San Luis Obispo: Jonathan Lowell, Mike McCluskey, and Tim Bochum Property Owner: Bullock Family Direction to Negotiators City Attorney Lowell reported that the Closed Session was held, direction was provided to negotiators, and there was no further reportable action. B. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 1 Agency Negotiator: Karen Jenny, Monica Moloney MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 17, 2004 - 6:15 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; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Bill Statler, Finance Director; Monica Moloney, Human Resources 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; Tom Baasch, Chief Building Official; Robert Horch, Parking Manager; Tyler Corey, Associate Planner; Dan Blanke, Police Captain ' Mayor Romero called the meeting to order at 6.15 p.m. for Closed Session. CLOSED SESSIONS A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: Negotiating Parties: Negotiation: 1049 Orcutt Rd. City of San Luis Obispo: Jonathan Lowell, Mike McCluskey, and Tim Bochum Property Owner: Bullock Family Direction to Negotiators City Attorney Lowell reported that the Closed Session was held, direction was provided to negotiators, and there was no further reportable action. B. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 1 Agency Negotiator: Karen Jenny, Monica Moloney City Council Meeting Page 2 Tuesday, August 17, 2004, 6:15 p.m. Employee Organization: Fire Battalion Chiefs' Association City Attorney Lowell reported that the Closed Session was held, and there was no further reportable action. Mayor Romero asked for a moment of silence in memory of Martha Schwartz Mayor Romero announced that the Council would consider the Consent Agenda first in order to allow Council Member Schwartz to leave the meeting early. Mayor Romero introduced new City Clerk Audrey Hooper, who was in the audience. PUBLIC COMMENT Andrew Carter, San Luis Obispo, spoke in remembrance of Martha Schwartz's service to the children of the community. He asked Council to consider a mail ballot for the possible special election. Mary Beth Schroeder, San Luis Obispo, exclaimed that Council wasn't doing its job protecting Downtown. APPOINTMENTS Al. APPOINTMENT RECOMMENDATIONS TO THE HUMAN RELATIONS COMMISSION H( RC). ACTION: Moved by Ewan/Mulholland to 1) Reappoint Tom Hutchings to a four -year tern beginning October 1, 2004 and ending September 30, 2008. 2) Reappoint Paul Wolff to a two-year term beginning October 1, 2004 and ending September 30,2006; motion carried 4:0:1, Schwartz absent. A2. APPOINTMENT RECOMMENDATION TO THE MASS TRANSPORTATI.ON COMMITTEE (MTC). ACTION: Moved by Ewan/Mulholland to appoint Susan Rains to the Mass Transportation Committee to fill the Cal Poly Representative position; motion carried 4:0:1, Schwartz absent. A3. APPOINTMENT RECOMMENDATION TO THE ADVISORY COMMITTEE ON THE JOINT USE OF RECREATIONAL FACILITIES. ACTION: Moved by Settle(Mulholland to appoint Robert Lewis to fill an unexpired term beginning on September 28, 2004 and expiring on March 31, 2007; motion carried 4:0:1, Schwartz absent. CONSENT AGENDA ACTION: Moved by SettlefEwan to approve the consent agenda as recommended by the City Administrative Officer, with the exception of C5; motion carried 5:0. Council Member Mulholland pulled item C5 for separate comment and vote. Cl. APPROVE MINUTES OF TUESDAY, AUGUST 3. 2004 REGULAR MEETING. City Council Meeting Page 3 Tuesday, August 17, 2004, 6:15 p.m. ACTION: Moved by Settle/Ewan to waive oral reading and approve as amended 1 (memo on file in the City Clerk's Officer motion carried 5:0. C2. RESOLUTION ADOPTING A PLAQUE POLICY FOR PROJECTS OF SIGNIFICANCE WITHIN THE CITY OF SAN LUIS OBISPO. ACTION: Moved by Settle(Ewan to adopt Resolution No. 9598 (2004 Series) establishing a Plaque Policy for Projects of Significance; motion carried 5:0. C3. RESOLUTION ADOPTING A FLAG DISPLAY POLICY AT CITY FACILITIES. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9599 (2004 Series) establishing a Flag Display Policy for City Facilities; motion carried 5:0. C4. CITY DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. ACTION: Moved by Settle/Ewan to approve the Disadvantaged Business Enterprise Program for Fiscal Year 200405 for Federal Department of Transportation funded projects and authorize the Mayor to sign the program; motion carried 5:0. C5. PROJECT. Council Member Settle recused himself due to a conflict of interest (he resides in the area of the project), and left the Council Chamber at 7. 10 p.m. City Attorney Lowell clarified that by making the effective date of the ordinance coincide with the effective date of the General Plan amendment resolution that is the subject of the pending referendum petition, the Council is able to approve the final adoption of this ordinance. Council Member Mulholland stated that the prima facie count for the resolution filed with the City Clerk's Office has occurred and, therefore, the Council should suspend taking action until the outcome of the petition signature check is known. She stated that there is a lack of understanding in the community about the funding of the development agreement, and that the newspaper has not printed any information regarding it. This funding method sets a bad precedent for future development. She stated that the media should help educate the community on the subject. Mayor Romero, Council Member Ewan and Vice Mayor Schwartz were in agreement that the SLO Marketplace project package should be complete and available so that voters can make an informed decision at the polls. Kent Taylor, San Luis Obispo, expressed concern that by approving the ordinance, it appears to the voters that the Council does not care about them. Also, approving the ordinance will put the City in legal jeopardy. He asked Council to table the item. Mary Beth Schroeder, San Luis Obispo, stated she was opposed to the development agreement tax rebate. Council Member Mulholland moved to table C5. Motion failed due to the lack of a second. City Council Meeting Tuesday, August 17, 2004, 6:15 p.m. Page 4 ACTION: Moved by Ewan/Romero to adopt Ordinance No. 1452 (2004 Series) approving a Development Agreement between the City, the Dalidio Family and San Luis Obispo Marketplace, LLC for the San Luis Obispo Marketplace; motion carried 3:1:1, Mulholland opposed, Settle recused. Council Member Settle rejoined the meeting at 7:25 p.m. after C5 was considered. C6. GOAL - SETTING AND FINANCIAL PLAN SCHEDULE FOR 2005 -07. ACTION: Moved by Settle/Ewan to approve the goal - setting and Financial Plan schedule for 2005-07; motion carried 5:0. In memory of Martha Schwartz, Mayor - Romero declared flags in the City of San Luis Obispo should fly at half -staff on Wednesday, August 18, 2004. Council Member Schwartz left the meeting at 7:25 p.m. PUBLIC HEARINGS 1. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM. Community Development Director Mandeville and Chief Building Official Baasch presented the staff report. Council questions ensued. Mayor Romero opened the public hearing. Patricia Wilmore. Chamber of Commerce, spoke in appreciation of the Seismic Task Force and in support of the recommended action before the Council. Bob Vessels. Task Force Co- chair, also spoke in appreciation of the Seismic Task Force and supported the balanced program. Paul Brown. San Luis Obispo, expressed concern for the small property owners downtown who would be negatively affected by the program, stating it is often difficult for them to qualify for loans. He asked that staff consider funding that may be available from the State. Andrew Carter, San Luis Obispo, supports the progam and stated that there is a County tax assessment mechanism in place that would benefit the property owners who must retrofit. Matt Ouaglino, San Luis Obispo, spoke in support of the program. Mary Beth Schroeder. San Luis Obispo, expressed concern about the impacts of the program on downtown businesses. Gary Fowler. San Luis Obispo, inquired whether government buildings were subject to the program, and about the boundaries of the program in the downtown area. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to 1) introduce Ordinance No. 1453 (2004 Series) establishing a revised deadline for the mandatory strengthening or demolition of buildings of unreinforced masonry (URM) construction. 2) Adopt Resolution No. City Council Meeting Page 5 Tuesday, August 17, 2004, 6:15 p.m. 9600 (2004 Series) establishing specific fees for the planning application, plan ' review, and permit fees for projects involving the strengthening or demolition of a URM building. 3) Authorize a part-time URM Seismic Coordinator through June 2006 funded by the remaining balance in the existing URM Grant Program of $35,000. 4) Approve spending $12,000 for URM building placards; motion carried 4:0:1, Schwartz absent. 2. INTRODUCE AN ORDINANCE TO PRINT AMENDING THE MUNICIPAL CODE TO REVISE THE CITY'S RESIDENTIAL PARKING PERMIT DISTRICT PROGRAM. Public Works Director McCluskev and Parking Manager Horch presented the staff report. Mayor Romero opened the public hearing. Roger Keep. San Luis Obispo, stated that he was in support of the program and asked Council to consider his suggestions for further improving it. Gary Fowler, San Luis Obispo, agreed that the term "quality of life" should be deleted from the program, and asked how fratemity-type housing would fit into the program. Matt Quaglino, San Luis Obispo, spoke in support of the program and agreed that the language "quality of life" be deleted or revised. Mayor Romero closed the public hearing. ACTION: Moved by Ewan/Settle to 1) approve recommended changes to the City 's Residential Parking Permit District Program. 2) Introduce Ordinance No. 1454 (2004 Seriesl to print amending various sections of Chapter 10.36 of the City Municipal Code, as amended in the Program and the Ordinance to change the language "quality of life" to "preserve the character of the existing neighborhood" wherever that language is found. Also, on Page 2 -13, 2ntl paragraph of the Information Guide was amended to delete the correction to "household" and retain the original wording of "residence." 3) Appropriate $5,500 from the unappropriated balance of the Parking Fund to cover the additional cost of proposed changes; motion carried 4:0:1, Schwartz absent. Mayor Romero called a recess at 9:05 p.m. The meeting was reconvened at 9:15 p.m. 9 CITY'S SIGN REGULATIONS (TA 26 -04). Community Development Director Mandeville and Associate Planner Corey presented the staff report. Mayor Romero opened the public hearing. Gary Fowler, San Luis Obispo, asked how the amended sign regulations ordinance would apply to government facilities. 1 Mayor Romero closed the public hearing. City Council Meeting Tuesday, August 17,2004,6:15 p.m. Page 6 ACTION: Moved by Mulholland/Settle to repeal existing Chapter 15.40 (Sign Regulations) of the San Luis Obispo Municipal Code in its entirety and introduce Ordinance No. 1455 (2004 Series) adding new Chapter 15.40 (Sign Regulations) to the San Luis Obispo Municipal Code and adopting a Negative Declaration of environmental impact (ER 26 -04); motion carried 4:0:1, Schwartz absent. 4. INTRODUCE AN ORDINANCE PROHIBITING NUDITY IN PUBLIC. Police Chief Linden and Police Captain Blanke presented the staff report. Council questions ensued. Mayor Romero opened the public hearing. Alex Casanova, Arroyo Grande, stated that the Mardi Gras event is the problem and that a nudity ordinance is excessive. Mary Beth Schroeder, San Luis Obispo, asked Council to clean up her hometown and expressed concern about massage parlors in town. Gregg Doyle, San Luis Obispo, stated that many Mardi Gras organizers are losing respect for City staff because organizers don't feel staff is working with them to solve the problems. Matt Mackey, San Luis Obispo, stated that the Mardi Gras event is a huge problem and that it is already illegal to incite a riot, so the nudity ordinance should not be necessary. Gary Fowler. San Luis Obispo, asked how outside law enforcement agencies brought in to help with the Mardi Gras event will write tickets for a City infraction. He is opposed to the ordinance and says that the act of issuing citiations could incite a riot. Mayor Romero closed the public hearing. Council Member Mulholland asked Council to strike the term "buttocks, " and to strike the wording "below the areola," replacing it with "cover the areola" in Section 9.30.010 of the ordinance. A majority of the Council agreed not to make the changes. ACTION: Moved by Settle/Ewan to introduce Ordinance No. 1456 (2004 Series) adding Chapter 9.30 to Title 9 of the San Luis Obispo Municipal Code prohibiting nudity in public; amended to add the exception of models in art studios and classes in Section 9.30.020, and with staff direction to return in October 2005 with a status report on the implementation of the ordinance; motion carried 3:1:1, Mulholland opposed, Schwartz absent. BUSINESS ITEMS S. 2004 -05 HUMAN RELATIONS COMMISSION (HRC) GRANTS -IN -AID (GIA) FUNDING RECOMMENDATIONS. Human Resources Director Moloney and Human Relations Commission (HRC) Chairperson Nichols presented the staff report. Public Comments Linda McGregor, Pismo Beach, thanked the Council for the grant award and explained about the need for Hotline. i C� 1 City Council Meeting Page 7 Tuesday, August 17, 2004, 6:15 p.m. Kayla Wilburn, Economic Opportunity Commission, thanked the Council for their support. —end of public comments— 6. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9601 (2004 Series) approving recommendations from the HRC for GIA funding for 2004-05 and authorizing the City Administrative Officer to execute agreements with each GIA recipient for 2004 -05, inclusive of any modifications made by Council; motion carried 4:0:1, Schwartz absent. Downtown Association Administrator Cash, Principal Administrative Assistant Kiser, and Public Works Director McCluskey presented the staff report. City Attornev.Lowell clarified that the rule prohibiting the distribution of adhesive materials at the Farmer's Market does not violate the First Amendment, that no one is losing his/her right to freedom of speech as there are alternative ways to convey a message. He stated that the Downtown Association has the right to request that permit holders follow the rules. Council agreed to continue the meeting after 11:00 p.m. Public Comments Paul Brown, San Luis Obispo, spoke in support of dropping the rule due to inconsistent enforcement Tom Bordonaro, San Luis Obispo, reviewed the points addressed in his letter to Council (on file in the City Clerk's Office) requesting that the rule be dropped. Sanford Cook. Democratic Committee, reviewed a letter submitted to Council (on file in the City Clerk's Office) opposing the rule prohibiting adhesive materials. Andrew Carter, San Luis Obispo, asked Council to allow freedom of speech and the distribution of adhesive materials. Bill Rosensteel. Republican Committee, asked Council to rescind the revoking of the Republican Committee Farmer's Market permit. The committee does not want to have to reapply for a permit. Mary Beth Schroeder. San Luis Obispo, ask Council to make better decisions. Jon -Erik Storm, Democratic Party, spoke in opposition to the rule. Peggy Koteen, San Luis Obispo, asked that the rule not apply to political parties. She displayed Police stickers that had been handed out at Farmers Market. Linda Donnelly. Morro Bay resident, spoke in opposition to the rule. Bud Zeuschner, San Luis Obispo, spoke in opposition to the rule. City Council Meeting Tuesday, August 17, 2004, 6:15 p.m. Page 8 Philip Hannifin, San Luis Obispo, spoke in opposition to the rule. Gary Fowler, San Luis Obispo, spoke in opposition to the rule and stated that perhaps 1 students could be recruited for a sticker removal program. Brad Bilsten, San Luis Obispo, spoke in support of the rule and asked Council to allow the Dowtown Association to run the event in a way that works best for them. Evelyn Delmartini, San Luis Obispo, spoke in opposition to the rule. —end of public comments— Council Member Settle stated that he appreciates the position that the Downtown Association is in, but that the rule is not working and should be dropped due to the inconsistent manner in which it is enforced. Council Member Mulholland stated that it isn't a good rule, but the Downtown Association has the right to set rules for permit holders to follow. Council Member Ewan stated that he is not in favor of bumper stickers, that the Downtown Association should have made the rule very clear, and that sticker graffiti is a serious problem. He appealed to the political groups' community spirit and asked that they honor the intent of the rule, which is to keep Downtown clean. Mayor Romero stated that the issue is not about freedom of speech, that the Downtown Association has the right to set the rules. He agrees that sticker graffiti is out of control and that the Downtown Association does a great job caring for the City and beautifying the Downtown. He asked partisan groups to be responsible citizens. ACTION: Moved by Mulholland/Ewan to uphold the rule prohibiting the distribution of adhesive materials (given away or sold) at Thursday Night Promotions (TNP) Farmer's Market; motion carried 3:1:1, Settle opposed, Schwartz absent. COUNCIL LIAISON REPORTS Council Member Mulholland reported on the August a Water Resources Advisory Committee meeting. She also reported that she attended the Downtown Association Board of Directors meeting on August 10"'. Mayor Romero reported on the San Luis Obispo Mayors' meeting on August 13"' (memo on file in the City Clerk's Office). The Mayor submitted a memo requesting that Council consider opposing Proposition 68 by resolution at a future Council meeting (on file in the City Clerk's Office). Staff directed to confirm with the League of CA Cities on which propositions the Council should take formal action. Council will address supporting Proposition 1A at the September 7"' meeting. Council Member Settle commented on the Charter Communication letter to Principal Administrative Analyst Kiser regarding increased rates for expanded cable service beyond the basic service rate set by Council (letter on file in the City Clerk's Office). Mayor Romero reported on the Whale Rock Commission Meeting on August 12th (memo on file in the City Clerk's Office). 1 City Council Meeting Tuesday, August 17, 2004, 6:15 p.m. I COMMUNICATIONS None. 1 1 Page 9 There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 12:20 a.m. to Tuesday, August 31, 2004 at 12:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 9/7/2004 dr Diane Reynolds; C. C. Deputy City C rk