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HomeMy WebLinkAbout05/03/2005ROLL 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; Diane Reynolds, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Deborah Linden, Police Chief; Jay Walter, Public Works Director; Austin O'Dell, Transit Manager; Robert Livick, Supervising Civil Engineer; Torn Baasch, Chief Building Official; Keith Storton, Police Sergeant; Rob Bryn, Neighborhood Services Manager ® Mayor Romero called the meeting to order at 6:00 p.m. and announced that Council would meet in Closed Session regarding the following Closed Session topics: CLOSED SESSIONS CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 736 Marsh, APN 002 - 424 -022 Negotiating Parties: City of San Luis Obispo: Wendy George, Shelly Stanwyck, Jonathan Lowell Landowner: Marsh Street Associates Westpac Development Inc. JM Wilson Holding Company Inc. Negotiations: Response to purchase inquiries City Attorney Lowell announced that Council Member Brown recused himself and left the closed session because he leases adjacent property. City Attorney Lowell announced that staff is directed to explore the potential sale of the 736 Marsh property to the three property owners, and if a joint project is not feasible, staff is to return to Council with a request for proposals process to determine parameters for the potential sale of the property and development of the site. MINUTES REGULAR MEETING OF THE CITY COUNCIL 1 CITY OF SAN LUIS OBISPO TUESDAY, MAY 3, 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; Diane Reynolds, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; John Mandeville, Community Development Director; Deborah Linden, Police Chief; Jay Walter, Public Works Director; Austin O'Dell, Transit Manager; Robert Livick, Supervising Civil Engineer; Torn Baasch, Chief Building Official; Keith Storton, Police Sergeant; Rob Bryn, Neighborhood Services Manager ® Mayor Romero called the meeting to order at 6:00 p.m. and announced that Council would meet in Closed Session regarding the following Closed Session topics: CLOSED SESSIONS CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: 736 Marsh, APN 002 - 424 -022 Negotiating Parties: City of San Luis Obispo: Wendy George, Shelly Stanwyck, Jonathan Lowell Landowner: Marsh Street Associates Westpac Development Inc. JM Wilson Holding Company Inc. Negotiations: Response to purchase inquiries City Attorney Lowell announced that Council Member Brown recused himself and left the closed session because he leases adjacent property. City Attorney Lowell announced that staff is directed to explore the potential sale of the 736 Marsh property to the three property owners, and if a joint project is not feasible, staff is to return to Council with a request for proposals process to determine parameters for the potential sale of the property and development of the site. City Council Meeting Page 2 Tuesday, May 3, 2005, 7:00 p.m. Council Member Brown returned to the meeting prior to the following Closed Session. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 CITIZENS FOR PLANNING RESPONSIBLY v. CITY OF SAN LUIS OBISPO, CITY COUNCIL of the CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO MARKETPLACE ASSOCIATES, LLC, etc. et al. San Luis Obispo County Superior Court Case No: CV 040619 City Attorney Lowell announced that Council Member Settle recused himself and left the Closed Session because he owns property in the area of Oceanaire. City Attorney Lowell stated that there is no further reportable action. Boy Scouts Curt Ewan and Sceet Parker led the Pledge of Allegiance. PROCLAMATION Mayor Romero presented a proclamation for Youth Week 2005 to Boy Scouts Curt Ewan and Sceet Parker on behalf of San Luis Obispo Elks Lodge #322. PUBLIC COMMENT Sifu Kelvin Harrison, San Luis Obispo, reiterated claims of harrassement. Gary Fowler, San Luis Obispo, thanked the City for lighting the flags at Mission Plaza, and commended the City Clerk on the well -run Special Municipal Election. He expressed concern that money was wasted installing, then removing, parking meters in front of the new County Government Administration building. CONSENT AGENDA Council Member Mulholland pulled item C9 for discussion. ACTION: Moved by Settle/Mulholland to approve C1 through C8 as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, APRIL 19.2005, REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C2. CONTRACT AMENDMENT NO. 3 — WITH FIRST TRANSIT, INC. TO PERFORM TRANSIT SERVICES FOR FY 2005 -06. ACTION: Moved by Settle/Mulholland to approve contract Amendment No. 3 to the First Transit Inc. FY 2005 -06 transit service contract; motion carried 5:0. J City Council Meeting Tuesday, May 3, 2005, 7:00 p.m. C3. THERAPY POOL. Page 3 ACTION: Moved by Settle/Mulholland to approve the design concept of the therapy pool at the SLO Swim Center, as recommended by the Planning Commission; motion carried 5:0. C4. REQUEST FOR PROPOSALS TO FURNISH LANDSCAPE MAINTENANCE SERVICES, SPECIFICATION NO. 90528. ACTION: Moved by Settle/Mulholland to 1. Approve the request for proposals for landscape maintenance services. 2. Authorize staff to advertise for proposals. 3. Authorize the CAO to execute a contact with the selected firm or firms if the cost is within the proposed budget of $229,100 as follows: $172,600 in the General Fund; $32,500 in the Parking Fund; and $24,000 in the Sewer Fund; motion carried 5:0. C5. 2005 ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION. ACTION: Moved by Settle/Mulholland to authorize staff to submit a grant application to the amount of $179,473 to the Federal Assistance to Firefighter Grant Program for Vehicle Exhaust Extraction Systems in all four fire stations; motion carried 5:0. C6.. REDESIGNATION OF JACK HOUSE COMMITTEE MEMBER. ACTION: Moved by Settle/Mulholland to redesignate Richard Dresp from an at -large member of the Jack House Committee to the County Historical Society representative; motion carried 5:0. C7. PURCHASE OF TOP DRESSER (TURF TENDER) FOR SPORTS FIELDS. C8. ACTION: Moved by Settle/Mulholland to approve transferring $16,200 from the Landscape & Park Maintenance — Landscape & Pruning Contract budget to fund the capital purchase of a sports field Turf Tender; motion carried 5:0. ACTION: Moved by Settle/Mulholland 1. Approve an agreement with Ocean Park Hotels — CVP, LLC. for the exchange of property and right -of -way (ROW) along current and future Calle Joaquin and authorize the Mayor to execute the final agreement. 2. Adopt Resolution No. 9674 (2005 Series) approving the partial relinquishment of an open space easement affecting an unnamed creek which must be crossed by the roadway; motion carried 5:0. C9. TRAFFIC SIGNAL INSTALLATION AT BROAD STREET & PACIFIC STREET, INCLUDING TRAFFIC SIGNAL MODIFICATIONS AT MARSH STREET & SANTA ROSA AND MARSH STREET & OSOS STREET (NO. 90440). Dan Kallal. San Luis Obispo County Bicycle Coalition, stated that the signal at the Bill Roalman Bicycle Boulevard is unsafe for cyclists, and asked Council not to move the funding from the Roalman project until safety concerns are addressed. Council Member Mulholland stated that she is not willing to transfer Roalman project monies until safety measures at the signal are in place. City Council Meeting Page 4 Tuesday, May 3, 2005, 7:00 p.m. Mayor Romero stated that he believes traffic accidents at the Marsh Street intersections at Santa Rosa and Osos are the result of problems with the timing of signals and with the Marsh Street flashing crosswalk. ACTION: Moved by Mulholland/Settle to 1. Approve plans and specifications for "Traffic Signal Installation At Broad Street & Pacific Street, Including Traffic Signal Modifications At Marsh Street & Santa Rosa And Marsh Street & Osos Street, Specification No. 90440 ". 2. Authorize staff to advertise for bids and authorize the CAO to award contract if lowest responsible bid is within available funding. 3. Amend to approve full funding for the signal at Santa Barbara and Morro Streets interconnect at Broad and Pacific Streets, and to leave the Roalman project funding in place until signal concerns are addressed; motion carried 5:0. PUBLIC HEARINGS 1. Public Works Director Walter and Transit Manager O'Dell presented the staff report. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. ACTION: Moved by Ewan/Mulholland to adopt Resolution No. 9675 (2005 Series) to approve the FTA 5307, FY 2005 -06 Program of Projects; motion carried 5:0. 2. ABANDONMENT OF SAN JUAN DRIVE. Public Works Director Walter and Supervising Engineer Livick presented the staff report Council questions and discussion ensued. Mayor Romero stated he is opposed to the abandonment because the procedure followed could result in conditions not met by the applicant, thereby clouding the property title. Damien Mavis, applicant, stated that the abandonment would allow him to consolidate three lots into two, resulting In more buildable area. He is aware of his neighbors' concerns about falling rocks, trash dumping and an increase in property tax assessment, but stated these are unlikely to occur. He will meet the abandonment conditions within the next year. Mayor Romero opened the public hearing. Michael Villarreal, San Luis Obispo, stated that he and his neighbors are opposed to the abandonment, and are concerned about maintenance, increases in property taxes, property accessibility, slopes, falling rocks and trash dumping. He asked Council to send the item back to the Planning Commission, or consider making the right of way open space closed to the public. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Settle to adopt Resolution No. 9676 (2005 Series) as recommended by the Planning Commission to abandon San Juan Drive, subject to the recommended conditions; motion carried 4:1 (Romero). City Council Meeting Page 5 Tuesday, May 3, 2005, 7:00 p.m. 3. ADOPTION OF THE LATEST EDITION OF THE ELECTRICAL CODE. Community Development Director Mandeville and Chief Building Inspector Baasch presented the staff report. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Ewan to introduce Ordinance No. 1470 (2005 Series) amending Sections 15.02.010 and 15.04.80 of the San Luis Obispo Municipal Code to adopt the California Electrical Code, 2004 edition, and continue the previously established amendment to the City's electrical regulations; motion carried 5:0. BUSINESS ITEM 4. Police Chief Linden and Sergeant Storton presented the staff report. Council questions and discussion ensued. Public Comments Paul Boniour, San Luis Obispo, on behalf of Laguna Neighbors, urged Council to support the ordinance, and said that the City should go even further and hold landlords responsible for their tenant noise complaints. Ruth Holden, San Luis Obispo, stated she is in support of the ordinance and thanked the Police Department for their efforts. Ira Alpert , Neighbors North of Foothill, expressed support for the ordinance, and for the civil rather than criminal penalty approach for the accused. Andrew Carter, San Luis Obispo, spoke in support of the ordinance, but feels that property owners should also be held responsible for noise complaints. He expressed frustration over the number of complaints versus the number of citations actually issued, and stated that the second offense list should be extended from within a six month period to within a one year period. Gary Fowler, San Luis Obispo, stated he believes this ordinance is prejudicial against students, and that noise from downtown bars is a bigger problem. He is opposed to the premise list. —end of public comments — ACTION: Moved by Ewan/Brown to adopt Resolution No. 9677 (2005 Series) to increase administrative fine amounts for violations of San Luis Obispo Municipal Code sections 9.12.050(A) (Noise Disturbance) and 9.20.050 (Urinating in Public); motion carried 5:0. City Council Meeting Tuesday, May 3, 2005, 7:00 p.m. Page 6 COUNCIL LIAISON REPORTS Council Member Brown clarified that John Dunn is the temporary Executive Director of the Economic Vitality Corporation until a new director is found or until November. Mayor Romero reported that the Airport Land Use Commission had agreed with the City's promise to provide airport compatible open space sites so as to avoid severe restrictions on development within the City. Council Member Ewan reported that he attended the Downtown Association meeting. Council Member Settle reported that he attended the LAFCO presentation on the 2050 Project. COMMUNICATION City Administrative Officer Hamoian stated that he would report back to Council with a recommen-ded summer meeting schedule. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 9:25 P.M. to Tuesday, May 17, 2005 at 4:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. Diane Reyno ds Deputy City APPROVED BY COUNCIL: 5117/05 F1