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