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HomeMy WebLinkAbout06/07/2005MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 7, 2005 — 6:30 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; Neil Havlik, Natural Resources Manager; Robert Horch, Parking Services Manager; Tim Bochum, Deputy Director Public Works CLOSED SESSION 1 City Attorney Lowell announced the following Closed Session topics: 1. CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code § 54957.6 Agency Negotiator: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo Police Officers' Association -and- Agency Negotiator: Karen Jenny, Monica Irons Employee Organization: San Luis Obispo Police Staff Officers' Association 2. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Government Code § 54956.9 SHARON GLICK v. CITY OF SAN LUIS OBISPO San Luis Obispo County Superior Court Case No: CV 040609 City Attorney Lowell reported that the Closed Sessions were held. 1) Council provided direction to its negotiators. 2) Council provided direction regarding a settlement. There was no further reportable action on either Closed Session at this time. ' Mayor Romero presented Certificates of Appreciation to Eagle Scouts Scott Parker and Eric Parker, and commended the members of Troop 322, Los Padres Council BSA, for their efforts in the construction of the Bog Thistle Nature Trail, Irish Hills Natural Reserve. City Council Meeting Tuesday, June 7, 2005, 6:30 p.m. Page 2 Mayor Romero, Vice Mayor Ewan, and Council Members Brown, Mulholland and Settle presented Certificates of Appreciation to students from San Luis Obispo High School who have been participants in the Community Service Program. Mayor Romero read a letter from Governor Schwarzenegger acknowledging, the National Management Association (NMA), and presented a proclamation to NMA President James Bremer proclaiming June 6 -10,2005, NMA Week. PUBLIC COMMENT Gary Fowler, San Luis Obispo, spoke in opposition to the noise ordinance and said that it is his intention to place an initiative on the 2006 ballot to end the utility tax. CONSENT AGENDA Council Member Mulholland requested that item C4 be pulled from the Consent Agenda. Patricia Wilmore, Chamber of Commerce, referred to item C8 and acknowledged that the Chamber of Commerce is pleased to partner with the City on the Tour of California. ACTION: Moved by Settle/Mulholland to approve the Consent Agenda, with the exception of item C4, as recommended by the City Administrative Officer; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, MAY 17, 2005. REGULAR MEETING. ACTION: Moved by Settle/Mulholland to waive oral reading and approve as presented; motion carried 5:0. C3. ACTION: Moved by Settle/Mulholland to grant final passage to Ordinance No. 1471 (2005 Series); motion carried 5:0. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9689 (2005 Series) directing staff to include the Ahwahnee Principles and the Ahwahnee Water Principles for Resource Efficient Land Use, as a resource to help guide future development of General Plan and General Plan Element updates and to share those Principles with the public and advisory groups involved in these updates; motion carried 5:0. Item C4 was pulled from the Consent Agenda for discussion and action following adoption of the other Consent Agenda items. C4. 1 City Council Meeting Page 3 Tuesday, June 7, 2005, 6:30 p.m. CAO Hamaian and Fire Chief Knabe clarified that the item before Council does not set the fees, but would establish the manner In which the fees are to be collected. Fire Chief Knabe reviewed concerns raised since Council's May 17th action setting the fees and addressed a number of frequently asked questions. By a majority consensus, Council received comments from the following people who asked Council to reconsider the fire and life safety inspection fees adopted on May 17"'. Their concerns included, in part, that they think the fees are unnecessary or are too costly, that annual inspections are not a mandate and do not have to be done by the Fire Marshal, that inspections should be done on a case -by -case basis when a problem arises, that this matter should be reconsidered in the fall when students are available to participate and negotiate the fees, and that consideration should be given to the size of the units being inspected. A suggestion was also made that there may be another way to address this matter; i.e., by requiring property owners to complete and return a form and failing that, the City can do an inspection. Matt Kokkonen. San Luis Obispo Leslie Halls. President of San Luis Obispo Property Owners Association Andrew Starkie. San Luis Obispo Mike Motroni. President, Interfraternity Council/Greek Community of San Luis Obispo Jared Samarin, member of various Boards on the CalPoly Campus Gretchen Schulz, third year student at CalPoly and Panhellenic Association President Alex Smith. Fraternity Member Matt Arellano, Fraternity President Gary Fowler. San Luis Obispo Patricia Wilmore. Chamber of Commerce Evelyn Del Martini. San Luis Obispo Curtis Mortenson, Property Manager Chief Knabe responded to the questions raised and concurred with Pat Wilmore that the issue is whether these inspections should be funded by the General Fund or not. Staff responded to Council's questions and discussion ensued. Council concurred that the letter from the State Fire Marshal's office reinforces that the inspection program is a State mandate. During the discussion, Council Member Settle indicated that he will continue to oppose the adoption of the ordinance and Council Member Brown indicated his opposition to reconsidering Council's May 17th action in that he did not think new information had been provided that would change his prior position. A majority of the Council concurred with reconsidering Council's earlier action as it related to fees for low and very low income units and fraternity/sorority houses. ACTION: 1) Moved by Mulholland/Ewan to adopt Ordinance No. 1472 (2005 Series); motion carried 4:1 (Settle opposing). 2) Moved by Mulholland/Ewan to reconsider fees set at the May 174', specifically those impacting sororities and fraternities and very low and low income households, at the Council meeting of July 5"; motion carried 4:1 (Brown opposing). C5. 2005 WATER RESOURCES STATUS REPORT. ACTION: Moved by Settle /Mulholland to receive and file report; carried 5:0. C6. WATER REUSE PROJECT — CONSTRUCTION MANAGEMENT SERVICES. City Council Meeting Tuesday, June 7, 2005, 6:30 p.m. Page 4 ACTION: Moved by Settle/Mulholland to 1. approve Amendment #2 to the agreement with Tetra Tech, increasing compensation for extended construction management services for the Water Reuse Project in an amount not to exceed $364,359. 2. Approve the transfer of $364,359 from the project contingencies account to the construction management account to fund the extended services; motion carried 5:0. C7. AWARD OF AUDIT SERVICES CONTRACT. ACTION: Moved by Settle/Mulholland to award the contract for auditing services to Glenn, Burdette, Phillips & Bryson, Certified Public Accountants (GBPB), for a term of three years with an option to renew for another three years; motion carried 5:0. C8. CONCEPTUAL APPROVAL OF THE CITY'S PARTICIPATION AS A HOST CITY FOR THE `TOUR OF CALIFORNIA ". C9. C10. ACTION: Moved by Settle/Mulholland to conceptually approve the City's participation as a Host City for a new professional cycling event called the "Tour of California" to be held in February 2006; motion carried 5:0. 90234. ACTION: Moved by Settle/Mulholland to 1. Approve the purchase of an easement for a water pump station, from the Helen Bomholdt Trust, in the amount of $12,500. 2. Authorize the City Administrative Officer to execute the easement agreement, deed, and other paperwork necessary to complete the transaction. 3. Approve additional design services by the project design consultant, Boyle Engineering, in the amount of $20,000; motion carried 5:0. LOS OSOS VALLEY ROAD. ACTION: Moved by Settle/Mulholland to approve Resolution No. 9690 (2005 Series) authorizing the Mayor to sign an agreement and certificate of acceptance for the dedication of a conservation easement or easements covering approximately 30 acres of the 116 acre Boysen Ranch property, owned by the Madonna family and located at the intersection of Los Osos Valley Road and Foothill Boulevard, subject to non - substantive changes approved by the City Attorney, and as may be required by the U.S. Army Corps of Engineers; motion carried 5:0. BUSINESS ITEMS By consensus, Council reordered the agenda to consider Business Items 2 and 3 prior to Item 1. 2004 GENERAL PLAN ANNUAL REPORT. Community Development Director Mandeville commenced the presentation, discussing the importance of keeping the General Plan current. He discussed the State mandate requiring the Annual Report. Deputy Director Community Development Draze discussed the purpose City Council Meeting Page 5 Tuesday, June 7, 2005, 6:30 p.m. of the Annual Report, the report topics, key issues in the current Report, accomplishments in 2004, and what is being looked at in 2005. Public Comments Andrew Carter, San Luis Obispo, briefly discussed the growth management issues the Planning Commission will begin discussing this week, including the disconnect between residential and commercial growth. He suggested that consideration should be given to the number of peple living in dwelling units and that the 1% growth limit per unit was to prevent population growth, but that the population growth is not 1 % per unit —end of public comments— During the ensuing discussion, Council Member Mulholland expressed her concerns related to the growth rate exceeding 1 % and explained why she thinks it is necessary to limit the number of residential permits per year. She indicated, however, that she is more concerned with the commercial growth rate and suggested that the current 5% rate over five years may be too high. She pointed out that for the last several years the commercial growth rate has far exceeded 5%. At the same time, Mayor Romero noted that the residential growth rate has been less than 1% over the last nine years and that the population growth has been relatively flat for ten or twelve years. Vice Mayor Ewan discussed the complexity of this issue for the Planning Commission. ACTION: Moved by Brown/Ewan to approve the 2004 General Plan Annual Report and provide direction to staff as appropriate; motion carried 5:0. Business Items 2 and 3 were considered prior to Business Item 1. 2. ESTABLISHMENT OF PALOMAR - SERRANO RESIDENTIAL PARKING PERMIT DISTRICT. Deputy Director Public Works Bochum and Parking Services Manager Horch presented the staff report. Their presentation included a review of the development of the Residential Parking District guidelines in 2004 as well as the results of the neighborhood workshop held on January 27'". Public Comments Jonathan Shapiro. San Luis Obispo, spoke in opposition to establishing the parking district on Serrano, particularly because he did not think a parking problem exists on that street. Bob Middlecamp, San Luis Obispo, supported the parking district on Palomar and Serrano, and expressed concern that if the district is not extended to Serrano, residents on that street will exprience the problem currently existing on Palomar. David Hafemeister, San Luis Obispo, supported the district but requested that the hours restricting parking on Serrano be changed from 6 p.m. to 6 a.m. to 10 p.m. to 6 a.m. Tess Matthews, San Luis Obispo, concurred with Mr. Hafemeister. ' James Polk, San Luis Obispo, expressed concern that Serrano Drive residents will experience a problem where there wasn't one before if the district is established on Palomar. He concurred that the 6 p.m. restriction should be changed to 10 p.m. City Council Meeting Tuesday, June 7, 2005, 6:30 p.m. Page 6 Rob Bronte, San Luis Obispo, suggested the time should be 11 p.m. Lydia Mourenza, San Luis Obispo, expressed concern about the impact of the district on Luneta residents. Jim Anderson, San Luis Obispo, supported the district but agreed that the time should be changed to 10 p.m. Kathy Shapiro, San Luis Obispo, opposed the parking district, but said if it is established, the restriction should begin at 10 or 11 p.m. Noelle Middlecam_p, San Luis Obispo, read a letter from Jay Wolf in support of the proposed district Nelma Anderson, San Luis Obispo, expressed concern about the area of Serrano where the road narrows, which will limit parking availability, and said she favors the 10 p.m. to 6 a.m. restriction. --end of public comments— Staff responded to the concerns raised, discussed the results of the survey which prompted staff to recommend the 6 p.m. parking restriction, and explained that the proposed parking district would not preempt the current parking situation where the road narrows on Serrano. ACTION: Moved by Settle /Brown to 1. Adopt Resolution No. 9691 (2005 Series) establishing a residential parking permit district on the 80 to 100 block of Palomar , and the 500 to 600 block of Serrano from 10:00 p.m. to 6:00 a.m., 7 days a week. 2. Appropriate $1,300 from the un- appropriated Parking Fund working capital reserve to fund the installation of appropriate signs, posts, permits and other miscellaneous costs to install the district; motion carried 5:0. Council recessed from 9:19 to 9:30 p.m. and reconvened with all members present. 3. CONTINUED REVIEW: PRELIMINARY 2005 -07 FINANCIAL PLAN. Finance Director Statler presented the staff report. He reviewed the workshops and hearings held prior to this meeting on the 2005 -07 Financial Plan, referenced the follow -up items indicated below, and said that the only action requested of Council at this meeting is related to the issue of candidate statements. 1. Candidate Statements. During the discussion that ensued, Council concurred with establishing a 200 -word limit for the candidate statements, with the Spanish translation provided by the City Clerk's office upon request. However, Council Member Settle explained why he did not support the majority position of requiring candidates to pay the costs for their own statements. ACTION: Moved by Mulholland/Ewan to adopt a 200 -word limit on candidate statements, to require candidates to pay the costs, and to direct the City Clerk to provide a Spanish translation to voters upon request at no charge; 4:1 (Settle opposed). 1 2. Response to SLOPOA Budget Reduction Alternatives. City Council Meeting Tuesday, June 7, 2005, 6:30 p.m. Page 7 Mayor Romero called for comments from the public. Dale Strobridge. POA representative, discussed the reasons he disagrees with the comments made in the June 2, 2005, memorandum from Chief Linden in response to the SLOPOA's budget saving recommendations that were presented to Council on May 26"'. Chief Linden and CAO Hampian responded to comments made by Mr. Strobridge, and Chief Linden discussed some of the criteria that resulted in her budget recommendations. Council discussion followed. However, no additional direction was given on this follow -up item. 3. Major City Goal Work Program Revisions. No comments were received on this item. 4. Planning Commission CIP General Plan Conformance Review. A brief discussion was held on this item. However, no further direction was given. 5. Property Damage Only Collision Investigations. A brief discussion was held on this item. However, no further direction was given. 6. Multi - Dwelling Rental Fire and Life Safety Inspection Fees. Please refer to item C4 for discussion on this item. 7. CHC Review Fees: Revenue Loss Backfill. No comments were received on this item. i 8. Parking Fund: $10,000 Reduced Cost in 2006 -07. No comments were received on this item. Council Member Settle initiated a brief discussion on the feasibility of renovating the trolley. No direction was given to staff to pursue this idea. ACTION: 1) Motion by Mulholland/Ewan to adopt a 200 -word limit for candidate statements, to require candidates to pay the costs for printing the statement in the ballot pamphlet, and to direct the City Clerk to provide copies of individual Spanish translations upon request at no charge; 4:1 (Settle opposed). 2) Continued review and discussion of the Preliminary 2005 -07 Financial Plan. Business Item 1 was considered at this time. COUNCIL LIAISON REPORTS Council Member Mulholland reported on her attendance at the Citizens Advisory Committee meeting for the California Men's Colony in May. She also reported on her attendance at the Tree Committee meeting on May 23rd and the Student Community Liaison Committee meeting on May 22nd. •• Mayor Romero and Vice Mayor Ewan also commented on the Student Community Liaison Committee meeting. [7 City Council Meeting Tuesday, June 7, 2005, 6:30 p.m. Page 8 Council Member Mulholland discussed the Supreme Court's recent ruling related to medical marijuana and asked that the City's ordinance related to dispensaries be brought back to 1 Council for reconsideration prior to the end of the summer. Discussion ensued during which the City Attorney indicated that he will prepare an analysis of the ruling, after which Council may decide to direct staff to place this matter on a future agenda. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:55 p.m. to an Adjourned Regular meeting on Tuesday, June 14, 2005 at 7:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. LdA-�� Qil Audrey Hooper City Clerk APPROVED BY COUNCIL: 6/21/2005 1 LJ