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HomeMy WebLinkAbout03/01/2005ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Allen Settle and Mayor Dave Romero were present. Vice Mayor John Ewan arrived prior to the regular session at 7:00 p.m. 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; Monica Moloney, Human Resources Director; Jay Walter, Public Works Director; Doug Davidson, Housing Programs Manager; Matt Horn, Associate Engineer; Mike Draze, Deputy Director of Community Development; Barbara Lynch, City Engineer I41TCf1A1 IPTIAAI Public Works Director Walter introduced the following new employees in the Public Works Department: Anthony Whipple, Tree Trimmer 1, and Steve Garland, Parks Maintenance Worker 1. He also introduced Barbara Lynch, who was promoted to City Engineer. Council Member Settle left the meeting at this time. STUDY SESSION Because Council Member Settle and Vice Mayor Ewan own rental property in the City, they did not attend the Study Session. RENTAL PROPERTY INSPECTION PROGRAM. Police Chief Linden and Fire Chief Knabe presented the staff report. Staff, including Finance Director Statler. Neighborhood Services Manager Bryn, and Community Development Director Mandeville, responded to questions throughout the presentation. Public Comments George Moylan, San Luis Obispo, explained why he supports a modified Option 5 ( "Do Nothing "); le., adding a tenant - landlord information program and a cost recovery program. Steve Delmartini, San Luis Obispo, explained why he concurred with Mr. Moylan and suggested if Council proceeds with a program, additional study sessions should be held. MINUTES REGULAR MEETING OF THE CITY COUNCIL 1 CITY OF SAN LUIS OBISPO TUESDAY, MARCH 1 2005 - 4.00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Paul Brown, Christine Mulholland, Allen Settle and Mayor Dave Romero were present. Vice Mayor John Ewan arrived prior to the regular session at 7:00 p.m. 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; Monica Moloney, Human Resources Director; Jay Walter, Public Works Director; Doug Davidson, Housing Programs Manager; Matt Horn, Associate Engineer; Mike Draze, Deputy Director of Community Development; Barbara Lynch, City Engineer I41TCf1A1 IPTIAAI Public Works Director Walter introduced the following new employees in the Public Works Department: Anthony Whipple, Tree Trimmer 1, and Steve Garland, Parks Maintenance Worker 1. He also introduced Barbara Lynch, who was promoted to City Engineer. Council Member Settle left the meeting at this time. STUDY SESSION Because Council Member Settle and Vice Mayor Ewan own rental property in the City, they did not attend the Study Session. RENTAL PROPERTY INSPECTION PROGRAM. Police Chief Linden and Fire Chief Knabe presented the staff report. Staff, including Finance Director Statler. Neighborhood Services Manager Bryn, and Community Development Director Mandeville, responded to questions throughout the presentation. Public Comments George Moylan, San Luis Obispo, explained why he supports a modified Option 5 ( "Do Nothing "); le., adding a tenant - landlord information program and a cost recovery program. Steve Delmartini, San Luis Obispo, explained why he concurred with Mr. Moylan and suggested if Council proceeds with a program, additional study sessions should be held. City Council Meeting Tuesday, March 1, 2005,4:00 p.m. Page 2 Gary Fowler, San Luis Obispo, spoke in opposition to expanding the existing program and pointed out that insurance companies conduct inspections. He concurred with comments made by Mr. Moylan. Leslie Halls, San Luis Obispo resident and President of SLO Property Owners Association, concurred with Mr. Moylan. She stressed that this should be a complaint- driven program. Jackie Turner , representing San Luis Property Management, stated that the rental market is depleted in this area and it is unrealistic to think owners can collect costs from their tenants. Wes Bur San Luis Obispo, concurred with the prior speakers, but said he supported Option 1. He suggested that costs should be recouped from chronic abusers and that the program should be complaint- driven. Linda Shinn, San Luis Obispo, explained why she thinks Council should act on Option 5 and supported a complaint- driven process. Patrick Dempsey, San Luis Obispo, opposed a change in the existing program. Grace Dempsey. San Luis Obispo, discussed the reasons why she thinks expanding the program will not succeed. She agreed with Mr. Moylan. Diane Halsted spoke as a Board member of Neighborhoods North of Foothill Association. She said the Association supports the existing program, while expanding it to include single - family dwellings and duplex properties. She also said that the Association wants to be involved in the development of the program. 1 Michael Sullivan. San Luis Obispo, spoke in support of Option 1 or Option 5, but expressed concern that Option 1 may consist of excessive fees. He suggested that an option should be considered that would include inspections of duplexes but not single - family units. John Cribb, San Luis Obispo, explained why he supports Option 1 or Option 5, and discussed concerns related to Option 3, particularly a cost - benefit analysis. Thomas Esser, San Luis Obispo student, said that he lives in a unit that is properly maintained and expressed concern regarding the financial burden that expanding the program would place on students. Sandra Rowley, representing Residents for Quality Neighborhoods (RON), spoke in support of a program recommended by RON. She asked that fire and property inspections be looked at as two separate programs. She suggested additional study needs to be done on the options. Matt Kokkonen explained why he does not think the proposal will serve the public well. Regina Brown, San Luis Obispo resident and realtor, expressed concern that the proposed program could indirectly increase housing costs and said she supports Option 5. —end of public comments— Council discussion ensued regarding cost recovery, during which staff responded to questions raised by members of the public and Council. 1 City Council Meeting Page 3 Tuesday, March 1, 2005,4:00 p.m. Council Member Brown supported directing staff to pursue cost recovery for State- ' mandated inspections. Council Member Mulholland supported cost recovery for the State - mandated program, asked for more information on how the City could fully comply with the State mandate, suggested there could be a fine -based program with higher fines for repeat offenders, and asked that Options 1 and 2 be returned to Council with additional information for further discussion. Fire Chief Knabe discussed the inability of staff to achieve 100% compliance without Additional staff and an additional vehicle. Mayor Romero supported cost recovery and said he favors Option 2 because it ensures full compliance with the State - mandated inspections. Discussion followed regarding the feasibility of expanding or implementing a more aggressive program that would address concerns such as those raised by RON. However, the consensus was not to pursue Option 3. ACTION: 1. Options were reviewed and discussed. 2. Staff was directed to develop recommendations for the implementation of either Option 1 or 2 in order to achieve full cost recovery for State - mandated inspections, including all possible funding alternatives for offsetting these costs. Consensus was 3:0:2 (Councilmember Settle and Vice Mayor Ewan absent due to conflicts of interest). Council recessed from 6:30 until 7:00 p.m. The meeting reconvened with all members present PUBLIC COMMENT Sifu Kelvin Harrison, San Luis Obispo, discussed his ongoing concerns related to harrassment Gary Fowler, San Luis Obispo, suggested that there are budget cuts that could be made to address the City's budget concerns without increasing taxes. CONSENT AGENDA Mayor Romero called for public comments on Consent Agenda items at this time. Joey Racano, Morro Bay, with Orange County Ocean Outfall Group, and Richard Sadowski, Morro Bay, former employee of Cayucos Sanitary District, urged Council not to act on item C3. Michael Sullivan, San Luis Obispo, raised a number of questions regarding item C3 and proposed that this subject should be taken to Council at a study session. Gary Fowler, San Luis Obispo, asked Council not to approve item C6, pointing out that City funds should not be comingled with other funds for the Beeson project or the steelhead trout sculpture for the Mission Plaza fountain. John French, representating a Margarita Area property developer, spoke in support of item C3, and suggested that ordinarily there would be adequate City staff to process applications, but because of the large development applications before them at this time, that isn't the case. City Council Meeting Page 4 Tuesday, March 1, 2005,4:00 p.m. A brief discussion ensued, during which staff responded to Council's questions. Council Member Mulholland said her reasons for opposing item C3, including her belief that applications should be handled on a first-come/first-serve basis and her belief in slow growth. ACTION: Moved by Brown/Settle to approve the consent agenda as recommended by the City Administrative Officer, with the exception of item C3; motion carried 5:0. C1. 2005, REGULAR MEETING. ACTION: Moved by Brown/Settle to waive oral reading and approve as presented; motion carried 5:0. C2. AUTHORIZATION OF APPLICATION TO THE CALIFORNIA STATE. DEPARTMENT OF ACTION: Moved by Brown/Settle to adopt Resolution No. 9654 (2005 Series) authorizing staff to complete and submit an application to HCD for the WFH Program and target the WFH funds to two CIP drainage projects (Augusta Street Culvert and the ongoing Drainage Inlet Replacements); motion carried 5:0. C3. USE OF CONSULTANTS TO EXPEDITE PERMIT PROCESSING. C4. C5. ACTION: Moved by Settle/Ewan to approve an expedited planning application review process that authorizes the City Administrative Officer to enter into agreements on a case -by -case basis with: 1. Applicants for augmented City resources in order to more quickly process planning applications, contingent upon: the applicant paying for the full cost of the augmented services in addition to all other development review fees that would otherwise be required; and approval of the agreement form by the City Attorney. 2. Consultants or limited -term employees to provide augmented resources, contingent upon the added cost being fully paid by the applicant before the consultant or limited -term employee is authorized to begin work; motion carried 4:1 (Mulholland opposed). ACTION: Moved by Brown/Settle to adopt Resolution No. 9655 (2005 Series) approving the final map for Tract 2502 and authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. ACTION: Moved by Brown/Settle to approve guiding principles to allow for the development of a PEG Access Operating Plan and the subsequent release of PEG operating funds from Charter Communications, including: 1) The designation of SLO County Public Access Television, Inc. (Public Access Television) as the sole provider of public access programming (P portion) in the City of San Luis Obispo; 2) The designation of San Luis Coastal Unified School District (SLCUSD) as the sole provider of education access programming (E portion) in the City of San Luis City Council Meeting Page 5 Tuesday, March 1, 2005,4:00 p.m. Obispo; 3) The equal distribution of PEG Access Funds between the City of San Luis Obispo, Public Access Television and SLCUSD to use solely for PEG access equipment and facilities; motion carried 5:0. C6. ACTION: Moved by Brown/Settle to 1. Allocate Public Art In -Lieu funds for the following public art projects: (a) As requested by the San Luis Obispo County Arts Council, up to $10,000 to match the Bill Beeson Memorial Fund to commission a piece of public art in honor of Mr. Beeson's contributions to public art in our community; (b) As requested by the Chamber of Commerce and the Reception Committee for Ken Schwartz Appreciation Day, $1,780 to complete the purchase of a bronze steelhead trout for the Mission Plaza fountain; (c) $7,000 for maintenance costs associated with the City's public art piece "Community Bridge," normally located on Higuera Street in front of the Court Street Project '2. Approve Resolution No. 9656 (2005 Series) adding language to the City's Public Art Policies and Procedures Manual that permits, with Council approval, public art in -lieu funds to be used as matching funds for the purchase of public art for the City's public art ..program; motion carried 5:0. C7. 2005 STREET SLURRY SEAL PROJECT, SPECIFICATION NO. 90516. 2. ACTION: Moved by Brown/Settle to 1) Approve plans and specifications for 2005 Street Slurry Seal Project, Specification No. 90516; 2) Authorize staff to advertise for bids; 3) Authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the engineer's estimate of $600,000; motion carried 5:0. PUBLIC HEARINGS Housina Programs Manager Davidson commenced the staff presentation with a review of the HRC's and CAD's recommendations for funding. Community Development Director Mandeville presented an Annual Update highlighting the achievements accomplished by the Housing Programs Manager since February 2004. He reviewed some of the changes in the CDBG Program proposed in the 2006 Federal Budget which would reduce CDBG funding and result in a competitive program. HRC Chair Janna Nichols discussed the priorities established by the HRC and said that the fundamental difference in the HRC's and CAO's recommendations is related to the Railroad Warehouse. She discussed the process undertaken by the HRC in coming to its conclusions. Mayor Romero opened the public hearing. Brad Larose. President of San Luis Obispo Railroad Museum, spoke in support of funding the rehabilitation of the Railroad Warehouse, pointing out that the Museum will attract tourists ' and result in a return that is greater than the CDBG funds expended on it. City Council Meeting Tuesday, March 1, 2005,4:00 p.m. Page 6 Jerry Rioux. Executive Director of the Housing Trust Fund, spoke in support of the HRC's recommendation given the lack of affordable housing in this community and asked that, to the greatest extent possible, CDBG funds be used for housing. Catherine Manning. EOC Homeless Services, asked Council to support the funding recommendations for the Homeless Shelter and Prado Day Center. Andrew Carter. San Luis Obispo, supported the HRC recommendation, concurring with comments made by HRC Chair Nichols. Michael Sullivan. San Luis Obispo, also supported the HRC recommendation and suggested that the City needs to be more aggressive in providing subsidies and pursuing incluslonary housing. George Moylan, Housing Authority, clarified housing ownership issues related to the North Chorro property and spoke in support of the HRC's recommendation. Arnold Jonas. San Luis Obispo, member of the Board of Directors of the Railroad Museum, discussed the need to nurture the entire community and noted the financial, educational and historical benefits that will result from the Railroad Museum project. Mayor Romero closed the public hearing. CAO Hamaian and Assistant CAO George responded to Council's questions. They noted that there are no other sources of funding for the Railroad Museum at this time, reviewed the processes undertaken at the staff level when the CAO recommendation was established, and noted Council established the Freight Warehouse rehabilitation as one of its top goals for 2005 -07. Council Member Settle said he would support the CAO's recommendation because the Railroad Museum is the gateway to the community, it is important to finish what has been started, and it is important to retain the historic foundations of the community. Vice Mayor Ewan explained that he considers the SLO Railroad Museum as an economic development which is Included in the CDBG priorities, and said that there is a need to proceed with the rehabilitation of the warehouse. Mayor Romero acknowledged the need to support housing, but said that he will support the CAO's recommendation on the basis that there is no other source of funding to assist the Railroad Museum, and because it will create tourism and serve as an attraction to the City. Council Member Mulholland acknowledged the HRC's recommendation, but explained that she will support the CAO recommendation because the Railroad Museum is addressed by one of the Council's four CDBG priorities. HRC ACTION: Approve the 2005 CDBG Program activities and funding as recommended; recommend CDBG funding of $275,000 for the Housing Authority site acquisition (235 North Chorro Street); endorse the Urban County's Draft One - Year Action Plan, including HOME, Special Urban Projects and Emergency Shelter Grant funding; forward the Council's actions and funding recommendations to the Board of Supervisors; recommend allocation of $356,000 of the City's Affordable Housing Fund (AHF) to the People's Self -Help Housing project on South Higuera Street (formerly McBride's Plumbing) and $25,000 of the AHF for site acquisition by 1 City Council Meeting Page 7 Tuesday, March 1, 2005, 4:00 p.m. the Housing Authority (235 North Chorro Street). No action was taken on the HRC recommendation. CAD ACTION: Moved by Ewan/Brown to: 1. Adopt Resolution No. 9657 (2005 Series ) consistent with the HRC recommendation with the following modifications: a) Approve the 2005 CDBG Program activities and funding as modified, with adjustments based on a new funding estimate; b) recommend CDBG funding of $190,079 for the Housing Authority site acquisition and $125,000 in CDBG funding for the Southern Pacific Railroad Freight Warehouse Rehabilitation; and c) recommend funding of $109,921 from the City's AHF for site acquisition by the Housing Authority (235 North Chorro Street). 2. Authorize the City Administrative Officer to execute an agreement with the Housing Authority for a grant of $109,921 from the City's Affordable Housing Fund. 3. Accept the annual report of the first year of the Housing Programs Manager position; motion carried 5:0. 3. CONSIDERATION OF A VESTING TENTATIVE PARCEL MAP WITH AN EXCEPTION; 2915 & 2917 JOHNSON AVENUE (MS 21 -05). Community Development Director Mandeville presented the staff report. Mayor Romero opened the public hearing. Hearing no comments, Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Ewan to adopt Resolution No. 9658 (2005 Series) reaffirming the Council's prior approval (October 15, 2002) of a Mitigated Negative Declaration of environmental impact (ER 13 -02) and vesting tentative parcel map, based on findings, and subject to conditions and code requirements; motion carried 5:0. STUDY SESSION 4. STORM SEWER MANAGEMENT PLAN. Public Works Director Walter commenced the staff presentation, providing an overview of the types of storm sewer systems in the City's Storm Water Management Plan, system components, Federal regulations that require a Storm Sewer Management Plan, and the history of how storm sewers have been repaired/improved/maintained in the past. Associate Engineer Hom displayed photographs depicting and discussed the existing storm sewer system, the extent of the problems with the system, and historic flooding and failures of the system, as well as alternatives for replacing the existing system or maintaining the system. Public Works Director Walter reviewed staff's preferred alternatives. He and Finance Director Statler responded to Council's questions. Council Member Settle discussed his support of Alternative 3 for system replacement and alternative 2 for system maintenance. He stressed that the City needs to convey to the Federal government and State agencies that the City can't do what is mandated without federal funding. He also said he supports legislative changes at the State level for Proposition 218. City Council Meeting Page 8 Tuesday, March 1, 2005,4:00 p.m. Mayor Romero expressed concern that this is only part of the City's storm drain protection system and that there is no way to fund the remainder of it. He suggested that there may be a need to consider bringing this matter to voters. Discussion ensued, during which staff responded to questions and Council Members Brown and Mulholland indicated that it is premature to take this to the taxpayers at this time. Public Comments Andrew Carter, San Luis Obispo, suggested that Council needs to make a decision as to what actions are really necessary as opposed to what would be preferred. —end of public comments— ACTION: 1. Received the Storm Sewer Management Plan. 2. By a unanimous consensus, directed staff to pursue the most aggressive alternatives if the changes in Proposition 218 occur while at the same time, dealing with the problem to the degree possible by pursuing Alternative 3 for system replacement and Alternative 2 for system maintenance. COUNCIL LIAISON REPORTS Council Member Brown reported on his attendance at the last Economic Opportunity Commission Board meeting and the Economic Vitality Commission meeting. Council Member Mulholland and Mayor Romero reported on their attendance at a draft design charette hosted by RRM Design Group regarding the old Albertson's project area. They noted that they were participants as individuals and did not represent the Council. Mayor Romero reported on his attendance at the Nacimiento Project Commission meeting. COMMUNICATIONS Council Member Settle discussed the need to take action opposing the public employee pension legislation and reform, and asked Council to direct staff to agendize this matter for further action (see memo on file in the City Clerk's Office). He stated for the record his opposition to this legislation and reform. A brief discussion ensued during which Council consensus was to direct staff to agendize this matter and return with a draft resolution at the first meeting in April. Council Member Mulholland referred to her communication asking for a modification to the language to the Legislative Action Platform (see memo on file in the City Clerk's Office) Following a brief discussion, Council directed staff to agendize this matter as a Business Item and to provide information at that time from the Utilities Director regarding the implications of Council Member Mulholland's recommendation. Mayor Romero referenced a letter from Chamber of Commerce President Bob Wacker conveying the Chamber's suggestion that Council consider expanding advisory body members to include applicants who own a business or property or work in the City. City Council Meeting Page 9 Tuesday, March 1, 2005,4:00 p.m. Because of the large number of applications that were received, Council concurred that they would not pursue this suggestion. Council Member Brown asked whether there was Council interest in pursuing a suggestion from Mike Spangler related to Downtown parking. Mayor Romero was interested in pursuing this matter. However, the rest of the Council Members were not. As a result, no direction was given to staff. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:10 p.m. to a Closed Session on Tuesday, March 7, 2005 at 9:00 a.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 3115/2005 1 A . LA, 4te Audrey Hooper City Clerk