HomeMy WebLinkAbout01/04/2005MINUTES,
' REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, JANUARY 4, 2005 6:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Paul Brown, Christine Mulholland, Allen K. Settle,
Vice Mayor John Ewan 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; Bill Statler, Finance Director; Deborah Linden, Police Chief;
Wolfgang Knabe, Fire Chief; Jay Walter, Public Works Director; Tim
Bochum, Deputy Director of Public Works
CLOSED SESSIONS
City Attorney Lowell announced the following Closed Session topics:
1. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Pursuant to Government Code § 54956.9
a) CITIZENS FOR PLANNING RESPONSIBLY, an unincorporated association vs.
CITY OF SAN LUIS OBISPO, a Municipal Corporation, CITY COUNCIL of the
CITY OF SAN LUIS OBISPO
San Luis Obispo County Superior Court Case No. CV 040619
b) CLARA B. DALIDIO, an individual, DALIDIO FAMILY TRUST u/t/a dated October
29,1987, THELMA F. PERROZI TRUST u/t/a dated February 7, 1991, CLARA B.
DALIDIO TRUST u/t/a dated January 15, 1991 and SAN LUIS OBISPO
MARKETPLACE ASSOCIATES, LLC, a California limited liability company vs.
AUDREY HOOPER, City Clerk of the City of San Luis Obispo; CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO
San Luis Obispo County Superior Court Case No. CV 040995
C) CLARA B. DALIDIO vs. AUDREY HOOPER, City Clerk of the City of
San Luis Obispo, in her official capacity
San Luis Obispo County Superior Court Case No. CV 041044
2, CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property: APN's 002 -416 -034 and 002 -416 -029
City Council Meeting
Tuesday, January 4, 2005, 6:00 p.m.
Page 2
Negotiating Parties:
City of San Luis Obispo: Wendy George, Shelly Stanwyck
and Jonathan Lowell
Landowner: San Luis Obispo Court Street, LLC
Negotiations: Consider modification of terms of real
property exchange agreement
3. LIABILITY CLAIMS
Pursuant to Government Code § 54956.95
Workers' Compensation Claim re Sharon McMahan
4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiator: Karen Jenny, Monica Moloney
Employee Organization: Fire Battalion Chiefs' Association
City Attorney Lowell reported on the following Closed Session items. Due to a potential
conflict of interest, Council Member Settle was absent from Closed Session item 1. Item 1:
Council heard status report on the 3 pending litigation matters pertaining to the
Marketplace project Item 2: Council authorized negotiations to modify real property
exchange agreement for sale of City property at Palm and Morro. Item 3: Council provided
direction to staff regarding claim. Item 4: Council provided direction to labor negotiators
and an agreement is expected to be acted on at the next regular meeting.
Police Chief Linden introduced the following new employees in the Police Department:
Jennifer Villanti, Communications Technician, and Officers John Lehr, and Taylor Peterson.
At this time, Public Works Director Walter provided Council with an overview of
circumstances related to the strong rains that fell over the weekend. A brief discussion
ensued during which he responded to Council's questions.
PUBLIC COMMENT
Gary Fowler, Chairman/Member of County Commission on Aging, asked for a response to his
inquiry to the City about the possibility of using the Ludwick Center for a senior nutrition
program. He also expressed concern that the flags in Mission Plaza are flying unlighted after
dark.
Staff will follow up on Mr. Fowler's inquiry regarding the use of the Ludwick Center. In
addition, staff has begun working on lighting the flags.
Mike Spangler, San Luis Obispo, acknowledged the City for resolving the flooding situation
on South Higuera near the Caltrans property. He asked Council to agendize the issue of drive
cuts in the Downtown for the purpose of either permitting parking in the drive cuts adjacent to
their businesses or to direct the City to quit issuing tickets to the business owners. He was
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Tuesday, January 4, 2005, 6:00 p.m.
concerned with the 400 block of Marsh Street, noting that there is inadequate parking for
' delivery vehicles.
A brief discussion ensued, following which CAO Hampian suggested that Council review Mr.
Spangler's correspondence, as well as prior correspondence from staff, and provide direction
to staff at a future Council meeting as to whether to place this matter on an agenda.
Paul Georghiou, emergency physician in San Luis Obispo, discussed the American Heart
Association's "Get with the Guidelines" award program in which local hospitals have been
participating. Sierra Vista Hospital was a recipient of one of those awards, which has put the
hopsital on par with major city hospitals.
Sifu Kelvin Harrison, San Luis Obispo, discussed his continued concerns related to racism
and harrassment
APPOINTMENTS
Al. APPOINTMENT RECOMMENDATION TO THE ZONE 9 ADVISORY COMMITTEE.
Vice Mayor Ewan reported on this item.
ACTION: Moved by Ewan/Romero to recommend to the County Board of
Supervisors the appointment of Terry Jackson to serve as the Citizen Member at
Large to represent the City of San Luis Obispo on the Zone 9 Advisory Committee
for a two -year period which will expire on December 31, 2006; motion carried 5:0.
CONSENT AGENDA
Mayor Romero noted that item C7 was withdrawn from the Agenda.
Council Member Mulholland asked that items C2 (rezoning of property at 215 Bridge Street)
and C5 (Palm - Nipomo parking structure design contract) be pulled from the Consent Agenda.
ACTION: Moved by Ewan/Mulholland to approve the Consent Agenda, with the
exception of items C2 abd C7, as recommended by the City Administrative Officer;
motion carried 5:0.
Cl.
C2.
ACTION: Moved by Ewan/Mulholland to waive oral reading and approve with
amendments presented prior to the meeting (on file in the City Clerk's office);
motion carried 5:0.
I Council Member Mulholland discussed her continued concerns related to drainage,
potential flooding, and erosion at the Bridge Street location. She asked Council to defer
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Tuesday, January 4, 2005, 6:00 p.m.
action on this project until the end of the rainy season in order to see if there are additional
impacts of the rain on the hillside.
Helene Finger, Registered Civil Engineer, and Gina Cindrich, project neighbors, opposed
the project without additional mitigations in light of the site's potential for flooding and
mudslides.
Ali Semon said she resides in the house at the top of the hill and it is her family's goal both
to reside in one of the Bridge Street homes when built and to provide additional housing to
the community. She responded to Council's questions.
George Garcia, Garcia Architecture & Design, explained that the land that shifted over the
weekend was not a "mudslide," but rather a result of the property owner installing roof
drain downspouts into an outlet down slope. He stated that this problem involves localized
erosion, that it can be mitigated, and that the hillside can be repaired. He responded to
Council's questions. A copy of a report from Mr. Garcia's Soils Engineer was distributed to
Council and is on file in the City Clerk's office.
Laura Joines- Novotny, San Luis Obispo, concurred with statements made by Mr. Garcia
and the Soils Engineer related to the localized nature of the landslide.
Mayor Romero pointed out that the tentative map was approved with conditions to mitigate
flooding. He reiterated staff's comments that the soils movement over the weekend was
not a major geological slide and reminded those present that the action before Council
tonight is the rezoning. He said that a bigger concern is flooding of the creek. While the
storm was substantial, it was not major and did not test the creek flooding.
Vice Mayor Ewan said he is more concerned with working metal and concrete block
foundation work being done along the creek side which may impact the creek flow.
ACTION: Moved by Brown/Ewan to adopt Ordinance No. 1467 (2005 Series)
rezoning property at 215 Bridge Street; motion carried 4:1 (Council Member
Mulholland opposed).
C3. ADOPTION OF ORDINANCE, REZONING PROPERTIES AT 715 & 735 TANK FARM
ROAD FROM SERVICE COMMERCIAL SPECIFIC PLAN PLANNED DEVELOPMENT
(C- S- SP -PD) TO OFFICE SPECIFIC PLAN (O -SP). CITY FILE #: R 52 -04.
ACTION: Moved by Ewan/Mulholland to adopt Ordinance No. 1468 (2005 Series)
rezoning properties at 715 & 735 Tank Farm Road; motion carried 5:0.
C4. WATERLINE REPLACEMENT PROJECT 2003 -04: SPECIFICATION NO. 90237.
ACTION: Moved by Ewan/Mulholland to 1. Approve plans and specifications for
"Waterline Replacement Project 2003 -04." 2. Authorize staff to advertise for bids for
"Waterline Replacement Project 2003 -04." 3. Authorize the City Administrative
Officer to award contract if lowest responsible bid is within the Engineer's Estimate
of $372,000.00; motion carried 5:0.
C5. PALM - NIPOMO PARKING STRUCTURE DESIGN CONTRACT.
Council Member Mulholland explained why she would encourage Council to consider
continuing this matter to a future Council meeting at which time Council would discuss the
Parking Fund.
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Tuesday, January 4, 2005, 6:00 p.m.
Deputy Director of Public Works Bochum responded to questions.
Tom Swem, Chairman of Parking and Access Committee for Downtown Association,
explained why he thinks moving forward on a parking structure is critical, said that he
understands why the Wells Fargo location is not the best one for a structure, and spoke in
support of the project.
Mary Pagel, San Luis Obispo, requested that Council remind contractors when construction
occurs that there are residences on Palm Street.
Vice Mayor Ewan moved to approve the CAO recommendation. The motion was seconded
by Council Member Settle.
Council Member Brown and Vice Mayor Ewan indicated their support of the CAO
recommendation.
Mayor Romero noted his preference for the North Area Regional Facility (NARF) project, but
acknowledged that it is too difficult and so indicated he would support the CAD
recommendation.
ACTION: Moved by Ewan/Settle to approve a contract with Chong Partners
Architecture to further develop design concepts for a Palm - Nipomo parking
structure for an amount not to exceed $61,500 and authorize the Mayor to sign the
agreement; motion carried 5:0.
C6. SURPLUS CITY PROPERTY.
ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9642 (2005 Series)
declaring equipment as surplus property; motion carried 5:0.
C7. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF
01/01/05 — 12131/05.
ACTION: This item was pulled from the Consent Agenda and will be acted on at the
January 18th Council meeting.
C8. AMENDMENT #7 TO CITY /COUNTY LIBRARY JOINT POWERS AGREEMENT.
ACTION: Moved by Ewan/Mulholland to 1. Approve an amendment to the
City/County Library Joint Powers Agreement a) approving the reduction of weekly
open hours from forty-three to thirty- eight; and b) maintaining the allocation of
$14,000 to be used for general operating costs associated with the provision of
library services at the City/County Library. 2. Authorize the Mayor to execute the
agreement; motion carried 5:0.
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Tuesday, January 4, 2005, 6:00 p.m.
PUBLIC HEARING
Due to a potential conflict of interest, Council Member Settle left the Council Chamber at this
time.
1. MARGARITA AREA DEVELOPMENT IMPACT FEES.
Finance Director Statler presented the staff report and responded to Council's questions.
Mayor Romero opened the public hearing.
Steve Barasch, San Luis Obispo Property Owners Association, explained why he opposes the
proposed fees and expressed concern regarding the adverse impact they will have on the
cost of housing. He asked Council to reexamine the nature of the infrastructure fees.
Leslie Halls, President of the San Luis Obispo Property Owners Association, also expressed
concern regarding the proposed fees and said that, with the fees, no private developer can
build workforce housing in the City.
Mayor Romero closed the public hearing.
Community Development Director Mandeville and Finance Director Statler responded to
Council's questions.
Vice Mayor Ewan moved to approve the CAO recommendation. Council Member Brown
seconded the motion.
Council Member Brown pointed out that the proposed fees have actually been decreased
since they were originally submitted to Council.
Mayor Romero acknowledged Mr. Barasch's and Ms. Halls' concerns, but pointed out that the
fees are necessary in order for the insfrastructure to be developed.
ACTION: Moved by Ewan/Brown to adopt Resolution No. 9643 (2005 Series)
establishing impact fees in the Margarita Area for transportation and park
improvements; motion carried 4:0:1 (Council Member Settle absent).
COUNCIL LIAISON REPORTS
Mayor Romero reported on the December 8t' San Luis Obispo Council of Governments
(SLOCOG) meeting.
Council Member Mulholland reported on her attendance in December at the Country Water
Resources Advisory Committee meeting and at the Economic Vitality Corporation meeting.
Council Member Brown reported on his attendance at a recent Zone 9 meeting.
Mayor Romero also commented on the Zone 9 Advisory Committee meeting.
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City Council Meeting
Tuesday, January 4, 2005, 6:00 p.m.
Page.
' COMMUNICATIONS
Mayor Romero acknowledged the deaths of Martha Moloney, mother of Human Resources
Director Monica Moloney; Richard Moss, father of Utilities Director John Moss; and Becky
Houser, wife of former City Attorney Bill Houser who passed away a number of years ago.
There being no further business to come before the City Council, Mayor Romero adjourned
the meeting at 9:10 p.m. to a special meeting to be held on Wednesday, January 12, 2005, at
6:30 p.m. at the Ludwick Community Center, 864 Santa Rosa, San Luis Obispo.
APPROVED BY COUNCIL: 1/18105
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niz 24 a
Audrey Hoope
City Clerk