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HomeMy WebLinkAbout11/16/2004MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 16, 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; Audrey Hooper, City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Jay Walter, Acting Public Works Director; Austin O'Dell, Transit Manager; Doug Davidson, Housing Programs Manager; Pam Ricci, Senior Planner; Mike Draze, Deputy Director Community Development; Dunsmore, Associate Planner; Neil Havlik, Natural Resources Manager; Tim Bochum, Deputy Director of Public Works; Rob Livick, Supervising Civil Engineer PUBLIC HEARINGS 1. PUBLIC HEARING ON THE 2004 -05 PROGRAM OF PROJECTS FOR THE 2004 -05 FEDERAL TRANSIT ADMINISTRATION GRANT. Acting Public Works Director Walter and Transit Manager O'Dell presented the staff report. Upon inquiry by Council Member Mulholland, staff confirmed that annual certifications and assurances to the Federal Transit Administration have not yet been made and so the words "has or" in paragraphs three and five of the resolution should be deleted. Manor Romero opened the public hearing. Mary Beth Schroeder San Luis Obispo, spoke in opposition to this item. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Settle to 1) Conduct a public hearing to review and approve the FTA 5307, FY 200405 Program of Projects. 2) Adopt Resolution No. 9620 (2004 Series) authorizing the Public Works Director to file a grant application and execute the grant agreement from the Federal Transit Administration in the amount of $752,800 with the above - referenced amendments. 3) Amend the budget to reflect revisions to recipient allocations. 4) Approve appropriation of $157,000 of available Working Capital; motion carried 5:0. ' 2. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S RECOMMENDED PRIORITIES FOR THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. City Council Meeting Page 2 Tuesday, November 16, 2004, 4:00 p.m. Community Development Director Mandeville and Housing Programs Manager Davidson presented the staff report. Janna Nichols, Chair of the Human Relations Commission (HRC) was present to answer questions. Mayor Romero opened the public hearing. Mary Beth Schroeder, San Luis Obispo, opposed spending money on the CDBG program. Catherine Manning, EOC Homeless Services, supported the HRC's recommendations related to homeless services. Mayor Romero closed the public hearing. During the ensuing discussion, 1) Ms. Nichols advised that the HRC is looking into the issue related to licensing private, in -home caregivers, and 2) Ms. Manning clarified that the homeless shelter will be moved to a local church and will remain fully operational and at full capacity while the work is being done on the restroom facilities at the main shelter. ACTION: Moved by Mulholland /Schwartz to approve the CDBG funding priorities for the 2005 CDBG Program, as recommended by the Human Relations Commission (HRC); motion carried 5:0. BUSINESS ITEMS Council Member Settle recused himself because of property that he owns in the de Tolosa subdivision, which is adjacent to the Costco site. He left the Council Chamber at this time. 3. ADDENDUM TO COSTCO EIR REGARDING TIMING OF CALLE JOAQUIN IMPROVEMENTS. Community Development Director Mandeville presented the staff report. Staff responded to questions related to status of the vernal pool fairy shrimp, aquatic surveys being undertaken which have not revealed the presence of the shrimp to date, and mitigation measures that will have to be taken if they are found, as well as to the consultant's and staff's roles in the development of the EIR and subsequent modifications. Public Comments Mary Beth Schroeder, San Luis Obispo, opposed the Costco development project in general. The following people spoke in opposition to adopting the Addendum to the EIR or enabling Costco to proceed until a determination has been made related to the status of the fairy shrimp. It was suggested that the proposed action requires a Supplemental EIR rather than an Addendum. Mary Giacoletti, San Simeon Babak Naficv, San Luis Obispo Pam Heatherington, Executive Director of the San Luis Obispo Environmental Center Andrew Christie, San Luis Obispo resident and Sierra Club Member Gary Fowler, San Luis Obispo Michael Sullivan, San Luis Obispo City Council Meeting Page 3 Tuesday, November 16,2004,4:00 p.m. Patricia Wilmore , representing the Chamber of Commerce, explained that while the ' Chamber will not take a position on the project, it does support the bonding mechanism as a means of providing assurance that the required improvements will take place. Dr. Ali, Santa Maria, spoke on the benefits of corporate eye care which is provided both by Wal -Mart and Costco, and expressed his belief that it is in the best interest of the residents to make that eye care available through Costco. Mary Jenny, San Luis Obispo, noted her career of writing surety bonds for contractors and developers, and spoke to the benefits provided by reputable bonding companies that have met the City's specifications. She supported proceeding with the Costco development —end of public comments — Discussion ensued during which staff responded to concerns raised during the public comment period and responded to Council's questions. Council Member Ewan. Vice Mayor Schwartz, and Mayor Romero spoke in support of the CAD recommendation. Moved by Ewan/Schwartz to approve the CAD recommendation. Council Member Mulholland opposed the CAD recommendation because she thinks it will hold Costco to a different standard than other developments, that it requires a Supplemental EIR, and that it will result in a Class 1 impact requiring mitigation. Because the majority of the Council supported the recommendation, she asked Council to include language that would, when the mitigation has been completed, require Costco to pay all of the costs of the realignment, not just the amount of the bond. There was not Council support to add this language. ACTION: Moved by Ewan/Schwartz to consider and adopt the Addendum to the Costco EIR, which documents changes to Mitigation Measure TR/mm -2a regarding the timing of off -site improvements to Calle Joaquin; motion carried 3:1:1 (Mulholland opposed, Settle absent). Council Member Settle returned to the Council Chamber at this time. 4. Community Development Director Mandeville and Deputy Director Community Development Draze presented the staff report. Mr. Draze clarified that the proposal before Council does not include the closure of Monterey Street and staff is not making recommendations related to that matter at this meeting. Public Comments Mary Beth Schroeder, San Luis Obispo, opposed the project. Gary Fowler, San Luis Obispo, opposed the project because he thought it would ultimately result in the closure of the street and suggested it should be brought to the voters as an advisory measure. City Council Meeting Tuesday, November 16,2004,4:00 p.m. Page 4 Andrew Carter, San Luis Obispo, suggested that this project should be deferred until it is known how the completion of Court Street will impact the pedestrian and auto traffic flow. He questioned whether there will be funds for this project. Pierre Rademaker, San Luis Obispo, spoke in support of the concept and encouraged Council to keep this project on its list of goals even if it is not funded at this time. –end of public comments— Council Members Settle and Ewan supported the CAO recommendation. Council Member Mulholland suggested this matter should be included in Council's list of future goals, but that funding should not be sought in the upcoming budget session. She suggested that if there is funding, the Garden Street makeover project should proceed instead. Vice Mayor Schwartz discussed the history of this project, which predates that of the Garden Street project, and the need for a civic center focus in the City. He said that even with a tight budget, Council should not eliminate "the soul" from its thinking. Mayor Romero discussed the reasons why he thinks it is premature to take further action on the Plaza concept at this time and that mission -style sidewalks and the Garden Street project are a higher priority. Moved by Settle/Ewan to accept the CAO recommendation. Following discussion, Council Members Settle and Ewan agreed to modify the motion by including language that this project will undergo further study when funding is available. ACTION: Moved by Settle/Ewan to confirm the "Council Recommended Concept Plan" as the project to undergo further study, when funding is available; motion carried 4:1 (Schwartz opposing). CLOSED SESSION City Attorney Lowell announced the following Closed Session topic: CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 1585 Calle Joaquin Property Owner Negotiator: Hansen, et al. Property: 1625 Calle Joaquin Property Owner Negotiator: Motel 6, et al. City Negotiators: Todd Amspoker, Esq., Tim Bochum, Lillian Jewell, Jonathan Lowell Negotiations: Provide direction to City Negotiators City Attorney Lowell reported that the Closed Session was held during which Council was briefed and information was provided. No action was taken. City Council Meeting Tuesday, November 16,2004,4:00 p.m. Page 5 7:00 P.M. PRESENTATION Mayor Romero presented a proclamation for the Salvation Army to Hildy Gal, San Luis Obispo Salvation Army Coordinator. PUBLIC COMMENT Mary Beth Schroeder. San Luis Obispo, expressed concerns related to the state of the City. Sifu Kelvin Harrison, San Luis Obispo, discussed a number of miscellaneous concerns. Bruce Deile homeless person, discussed his inability to get health care assistance from the County for treatment of his lyme disease. Mary Jenny. San Luis Obispo, expressed appreciation to Council for the railroad trail. She acknowledged Vice Mayor Schwartz for his years of service to the City. Tyler Middlestadt Cal Poly ASI Board of Directors, said Council will receive a copy of a resolution the Board has adopted supporting a Citywide safety enhancement zone for Mardi Gras, finding last year's behavior unacceptable, and noting the need to find a peaceful solution to the related problems. He asked Council to work with the community to understand the policies that will be put into place for Mardi Gras so that the students aren't marginalized. ' Gary Fowler. San Luis Obispo, supported Mr. Middlestadt's comments and suggested Council Members should attend the ASI Board of Directors' meetings. He discussed his and his neighbors' dissatisfaction with the "no pass" situation for the Christmas Parade. Michael Sullivan, San Luis Obispo, asked Council to write letters to legislators and the President in support of extending the ten -year federal ban on assault weapons. CONSENT AGENDA Council Member Mulholland asked that the second paragraph under the Consent Agenda on page 2 of the October 19, 2004 minutes be changed to delete the remainder of the first sentence after the reference to "Related Zoning Changes." Bruce Diehle said the October 19, 2004 minutes are incorrect in that he does have health insurance. Mary Beth Schroeder, San Luis Obispo, said that Council Members need to abstain when they have conflicts of interests. Council Member Mulholland referred to Item C4 (Tourism Promotion Logo) and asked that the location of the logo be revisited, taking into consideration its visibility from the inside of the trolley. ACTION: Moved by Settle/Ewan to approve the Consent Agenda as recommended by I the City Administrative Officer; motion carried 5:0. The motion included corrections to the October 19, 2004 minutes, as indicated previously (Cl), and direction to staff to City Council Meeting Page 6 Tuesday, November 16, 2004, 4:00 p.m. revisit the location of the logo, taking into consideration visibility from inside the trolley (C4). C1. APPROVE MINUTES OF TUESDAY, OCTOBER 12.2004, SPECIAL MEETING AND TUESDAY, OCTOBER 19, 2004, REGULAR MEETING. ACTION: Moved by Settle/Ewan to waive oral reading and approve with corrections to the October 19, 2004, minutes as noted; motion carried 5:0. C2. BIENNIAL REVIEW AND AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2004. C3. C4. C5. ACTION: Moved by Settle/Ewan to adopt Resolution No. 9621 (2004 Series) amending the City's Conflict of Interest Code. ACTION: Moved by Settle(Ewan to adopt Ordinance No.. 1464 (2004 Series), amending Planned Development Ordinance No. 1393 to allow auto sales at 710 through 892 Aeorvista Place; motion carried 5:0. ACTION: Moved by Settle/Ewan to approve use of the City's Tourism Promotion Logo (San Luis Obispo — Experience the SLO Life.1 on the City's two trolleys; motion carried 5:0. Council also directed staff to revisit the location of the logo, taking into consideration visibility from the inside of the trolley. NIPOMO STREET MINOR DRAINAGE IMPROVEMENT. ACTION: Moved by Settle/Ewan to 1) Approve new Capital Improvement Project for a minor drainage improvement on Nipomo Street in the amount of $28,000. 2) Transfer $28,000 from the CIP Reserve to fund the project; motion carried 5:0. PUBLIC HEARINGS, CONTINUED Council Member Ewan recused himself because his mother resides in the Palm Apartments. He left the Council Chamber at this time. 5. Community Development Director Mandeville and Associate Planner Dunsmore presented the staff report. They, and Natural Resources Manager Havlik, responded to Council's questions. Mayor Romero opened the public hearing. I u LI 1 City Council Meeting Page 7 Tuesday, November 16,2004,4:00 p.m. Hamish Marshall, applicant, reviewed the history of the villages project and the parking situation at each location. He asked Council to approve the project as recommended by the Planning Commission. Bill McLennan asked that the following language from Resoluiton 8673, previously adopted by Council, be added to the proposed ordinance: "The management and owners will establish and enforce rules which require that staff and residents park on site." Staff and Mr. Marshall concurred that this language could be included in both the proposed ordinance and the CC &Rs. Mary Beth Schroeder, San Luis Obispo, said she wants assurance this project will never rent to students. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Mulholland to introduce Ordinance No. 1465 (2004 Series) approving amendments to the previously adopted PD Ordinance to allow the addition of twenty new senior apartments and a new development plan with exceptions to the City's Creek Setback Ordinance, and adopting a Mitigated Negative Declaration for the project; motion carried 4:0:1 (Ewan absent). The motion included the addition of the following language from a condition in Resolution 8673, adopted previously by Council: "The management and owners will establish and enforce rules which require that staff and residents park on site." This language will also be included in the CC &Rs. Council Member Ewan returned to the Council Chamber at this time. Mayor Romero recused himself because his residence is in the vicinity of the following project. He left the Council Chamber at this time. 6. CONSIDERATION OF A VESTING TENTATIVE TRACT MAP AND ENVIRONMENTAL REVIEW TO CREATE 13 SINGLE - FAMILY RESIDENTIAL LOTS WITH EXCEPTIONS, ON R -1 ZONED PROPERTY LOCATED AT 2070 FIXLINI STREET (TRIER 95 -03). Community Development Director Mandeville presented the staff report. He explained that there is a need to add a section c to Code Requirement 1, to be worded as follows: "The City standard curb and gutter shall be installed in lieu of the rolled curb shown on the tentative map." Staff responded to questions raised by Council Member Mulholland. Council Member Mulholland inquired whether Condition 4, requiring the developer to design and construct the water mains to accommodate reclaimed water, is necessary since reclaimed water will not be available in the subject area. Staff was directed to investigate this matter and remove Condition 4 if it is determined to be inappropriate. Vice Mayor Schwartz opened the public hearing. ' John French, representing the applicant, encouraged making alternate street standards more common and offered to discuss with Council the developer's interest in assisting with the signal at Ella Street. He suggested Code Requirement 30 should be amended because the City Council Meeting Page 8 Tuesday, November 16,2004,4:00 p.m. onsite sewer system will be a public system. He explained why the houses on the corner lots may need to intrude somewhat into the 20 -foot setback. He asked that the developer be , allowed to install the conduit for undergrounding untilities in the future, but not to require the undergrounding itself until Johnson Avenue has been undergrounded. He responded to questions raised by Council Member Mulholland. Mary Beth Schroeder, San Luis Obispo, spoke in support of the project Dan Carpenter, San Luis Obispo, discussed a number of traffic concerns and asked Council to require traffic calming measures. Adam Fukushima, San Luis Obispo Bicycle Coalition, explained why the Bicycle Coalition opposes the removal of the bike lanes from this section of Johnson Avenue to accommodate parking. Michael Sullivan, San Luis Obispo, said the Johnson Avenue Bike Lane needs to be preserved and expressed concern regarding the applicant's request regarding setback. Vice Mayor Schwartz closed the public hearing. Community Development Director Mandeville clarified that it is no longer recommended that the bicycle lane along Johnson Avenue be removed. He suggested that Council may want to consider modifying Condition 1 to indicate that Lot 9 would be subject to the 20- foot setback while Lots 5 and 13 would have greater setback flexibility. Tim Walters, Civil Engineer with RRM Design Group, responded to questions raised by Vice Mayor Schwartz related to the storm drain catch basin. Staff responded to questions and asked that Council direct the staff to work with the applicant regarding a proposal to fund the Johnson.Avenue/Ella Street traffic signal and related to the provision of conduit for the future undergrounding of all existing overhead utilities. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9622 (2004 Series) with direction to staff to: 1) include language under Condition 1 that Lot 9 would be subject to the 20 -foot setback, and Lots 5 and 13 will have greater setback flexibility; 2) modify the Code requirements by adding a new section 1.c. to read as follows: "The City standard curb and gutter shall be installed in lieu of the rolled curb shown on the tentative map "; and 3) delete Code Requirement 30 related to the onsite sewer system. Also directed staff to work with the applicant and return to Council with a proposal to fund the Johnson/Ella traffic signal and provide the conduit necessary for the future undergrounding of all existing overhead utilities subject to the satisfaction of the Public Works Director (4:0:1, Romero absent). Staff was also directed to investigate this matter and remove Condition 4 if it is determined to be inappropriate. Council Member Mulholland expressed disappointment that these will be large, expensive single - family homes. Mayor Romero returned to the Council Chamber at this time. Council Member Ewan recused himself from the following item because he has had business dealings with the applicant. He left the Council Chamber at this time. City Council Meeting Tuesday, November 16,2004,4:00 p.m. Page 9 7, VESTING TENTATIVE PARCEL MAP, WITH AN EXCEPTION TO THE SUBDIVISION ' REGULATIONS, TO CREATE THREE PARCELS AT 303 DEL MAR COURT (MS/ER 149 -04), THOMAS SCHOFF, APPLICANT). Community Development Director Mandeville presented the staff report. Tim Crawford, representing the applicant, explained that it has never been the intent of the owner to design the units for student housing. He discussed the lot size and said that the figures in the staff report are accurate. He said the owner will be living in the unit on parcel 1 and will be selling the other two units. Nora Pena Klenner, designer for the project, explained how the design was developed. Thomas Schoff, owner, explained that the original houses were distressed and so were demolished. Mr. Schoff, Mr. Crawford and staff responded to Council's questions. Mayor Romero opened the public hearing. The following neighborhood residents opposed the project. Their concerns included, in part: a potential change in the character of the nieghborhood, the potential decrease in property values if the units are rented to students, a lack of adequate street frontage for trash containers, potential parking, traffic and safety issues, and a reduction in the average lot size. Bay, speaking on behalf of his mother who lives on Del Mar Court Dan Krieger, San Luis Obispo, discussed his experience as a community historian and noted the need to examine sensitive neighborhoods such as this one from a sociological and anthropological standpoint. Andrew Carter, San Luis Obispo, suggested that the proposed three owner - occupied units may be preferable to the prior two units that were rented. Mr. Crawford suggested that the applicant is willing to work with the residents to address their concerns if Council would continue this matter. Mayor Romero closed the public hearing. Doug Bing Bernard Rademacher Scott McCreerv, Morro Patrick Hill Stephen Spratt Jeff Jenkins Ivan Simon Carol Greiten Helen Rowan Al Bonin Matt Callahan Bud Ogren Paula Ogren Lisa Simon Mary Beth Lucas Karen Keith Bay, speaking on behalf of his mother who lives on Del Mar Court Dan Krieger, San Luis Obispo, discussed his experience as a community historian and noted the need to examine sensitive neighborhoods such as this one from a sociological and anthropological standpoint. Andrew Carter, San Luis Obispo, suggested that the proposed three owner - occupied units may be preferable to the prior two units that were rented. Mr. Crawford suggested that the applicant is willing to work with the residents to address their concerns if Council would continue this matter. Mayor Romero closed the public hearing. City Council Meeting Page 10 Tuesday, November 16,2004,4:00 p.m. Council Members Mulholland, Settle, Schwartz and Mayor Romero were unanimous in their opposition to the project as presented. Of particular concern was the impact it would have on the character of the neighborhood. Community Development Director Mandeville recommended that Council include the following language in the findings: Finding 1: Add, "The small frontage of the property is not suited to serve three residential lots." Finding 3. Add, "The expected parking and trash recepticles generated by three new parcels will spill out onto adjacent property frontages, creating an adverse impact in the neighborhood." ACTION: Moved by Settle/Schwartz to adopt Resolution No. 9623 (2004 Series) denying the vesting tentative map for a minor subdivision located at 303 Del Mar Court (MS/ER 149 -04, including the amended findings referenced above; motion carried 4:0:1 (Ewan absent). BUSINESS ITEMS, CONTINUED Council Member Ewan returned to the Council Chamber at this time. 8. MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES. City Attorney Lowell presented the staff report. Public Comments Robert Toth, San Luis Obispo, expressed concern that the ordinance doesn't provide safe access to medical marijuana for those in need of it. Craig Steffens, San Luis Obispo, said he wants to open a dispensary in the City. He did not oppose the moratorium provided that the City proceeds with an ordinance that will enable the dispensaries to open following a positive legal ruling. Derek Wengeler, Nipomo, spoke on behalf of the need for safe access to medical marijuana. Mary Beth Schroeder, San Luis Obispo, supported waiting for a decision from the court. Unidentified speaker discussed the need for medical marijuana to be available immediately for those people in pain. —end of public comments— Council Members Ewan and Vice Mayor Schwartz acknowledged the need for staff to proceed with an ordinance regulating dispensaries if the Supreme Court decision is favorable, but indicated that they will support the CAO recommendation to impose a moratorium on dispensaries at this time. Council Member Mulholland expressed concerned about waiting for the Supreme Court case to be resolved and clarified that it will not address the distribution of medical City Council Meeting Page 11 Tuesday, November 16, 2004, 4:00 p.m. marijuana or issues related to dispensaries. She suggested that the City should have an ordinance ready to implement upon action by the Supreme Court. Council Member Settle explained why he believes the City should wait for the Supreme Court decision before taking action and that he will support the CAO recommendation. Mayor Romero discussed his belief that medical marijuana dispensaries should not be allowed until the Federal Government has ruled on this matter. He pointed out that, in the meantime, staff has been directed to pursue developing an ordinance and regulations should the Supreme Court make a favorable ruling. ACTION: Moved by Ewan/Schwartz to approve Emergency Ordinance No. 1466 (2004 Series) imposing a moratorium on medical marijuana dispensaries; motion carried 4:1 (Mulholland opposing). Council Member Settle recused himself because of property that he owns near the Dalidio- San Luis Marketplace project site. 9. REFERENDUM PETITIONS REGARDING DALIDIO -SAN LUIS MARKETPLACE PROJECT. City Clerk Hooper and City Attorney Lowell presented the staff report and responded to questions. CAD Hampian discussed the issue of election timing and the importance of resolving this issue as soon as it is reasonably possible to do so. Public Comments Kent Taylor, Marie Dickson and Michael Sullivan, San Luis Obispo residents, spoke in support of a traditional polling place election to be held in November 2005. Mary Beth Schroeder, San Luis Obispo, spoke in opposition to Council's process. Patricia Wilmore, representing the Chamber of Commerce, said that the Chamber's position is that Council should pursue an election that would result in the greatest voter turnout and be held at the earliest possible date, and that the cost of the election should be the lowest priority. Andrew Carter, San Luis Obispo, said that he still supports the concept of a mail ballot election, but because of the threat of litigation and community concerns, he recommended Council direct a polling place election. He opposed requiring the developer to pay for the cost of the election since the developer wasn't the cause of it. Mary Jenny, San Luis Obispo, supported holding the election as soon as possible and suggested, because of threated litigation, a combined mail - ballot, polling place election may be the most feasible. Michael Moms, San Luis Obispo resident, registered advocate and representative for the Dalidio family, stressed that the Dalidio's prefer the earliest possible election date, but that they are comfortable with whatever type of election Council directs be conducted. —end of public comments- City Council Meeting Page 12 Tuesday, November 16, 2004, 4:00 p.m. Mayor Romero and Council Member Mulholland spoke in support of a traditional polling place election. Vice Mayor Schwartz spoke in support of a mail ballot election. Council Member Ewan suggested that a mail ballot election would increase voter turnout and suggested that if a traditional polling place election is held, the polling places should not be changed. A brief discussion followed during which staff indicated the need to retain flexibility when establishing polling places. in addition, with the exception of Council Member Mulholland, Council concurred that the full text of the measures should not be printed in the ballot pamphlet, but that the text will be provided at no cost. ACTION: 1) Motion by Ewan/Romero to direct the City Clerk to conduct a traditional polling place election with a reduced number of precincts, but utilizing as many of the polling places used for the City's regular municipal elections; motion carried 4:0:1 (Settle absent). 2) Motion by Ewan/Romero to a) adopt Resolution No. 9624 (2004 Series) establishing April 26, 2004, as the date of the special election, and b) to appoint Council Member Ewan and Mayor Romero as the committee to develop the ballot arguments in favor of the measures; motion carried 4:0:1 (Settle absent). 3) Motion by Ewan/Romero to adopt Resolution No.-9625 (2004 Series) setting priorities for filing of written arguments and directing the City Attorney to prepare an impartial analysis; 4:0:1 (Settle absent). 4) Motion by Ewan/Romero to adopt Resolution No. 9626 (2004 Series) providing for the filing of rebuttal arguments; motion carried 4:0:1 (Settle absent). 4) Motion by Ewan/Romero to appropriate $109,800 from the General Fund unreserved fund balance and authorize the CAD to enter into an agreement with Martin & Chapman elections contractor, for assistance In the conduct of a special election; motion carried 3:1:1 (Mulholland opposed, Settle absent). Council Member Settle returned to the Council Chamber at this time. COUNCIL LIAISON REPORTS Council Member Ewan discussed the 2003 Annual Air Quality Report (memo on file in the City Clerk's Office) and reported on his attendance at a Planning Committee training for Head Start. Vice Mayor Schwartz reported on the San Luis Obispo Council of Governments/ San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) meeting of November 3, 2004 (memo on file In the City Clerk's Office). Council Member Mulholland reported on her recent attendance at a Board of Directors EVC meeting, a Water Resources Advisory Committee meeting, the Integrated Waste Management Authority meeting, and a Promotional Coordinating Committee meeting. Mayor Romero reported on the Nacimiento Supervision Committee's monthly meeting, for which he is Vice Chair. CAO Hamoian confirmed that the majority of the Council preferred to attend the April 27 -29, 2004, League of California Cities training. COMMUNICATIONS 1 D _l City Council Meeting Page 13 Tuesday, November 16,2004,4:00 p.m. None. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 1:00 a.m. to Thursday, November 18, 2004 at 10:00 a.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 1/4/2005 � Q• Au rey Hoope City Clerk